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made in the sole and absolute discretion of the County, the County may terminate <br /> the contractor's contract for cause. <br /> F. A history of disruptions to Services due to labor unrest may also result in a <br /> disqualification of the contractor from the award of future County contracts for <br /> Services. <br /> IV. Appeals Of Sanctions <br /> A contractor may choose to appeal the imposition of the sanctions described above, <br /> such appeal to be submitted in writing to the Director of the Snohomish County Human <br /> Services Department within thirty (30) calendar days of their assessment by the County. <br /> All appeals will be reviewed and decided within 15 calendar days of submittal by a panel <br /> of three (3) persons appointed by the County Executive, one of whom shall be the <br /> Director of the Snohomish County Human Services Department. None of the three (3) <br /> persons shall be employed by either the contractor or the labor organization. The review <br /> on appeal shall be limited to whether there was a reasonable basis for the original <br /> imposition of sanctions. The decision of the panel will be final, after which no further <br /> appeals will be accepted by the County. <br /> V. Arbitration Procedures <br /> If a contractor and a labor organization or collective bargaining representative cannot <br /> agree on a Labor Harmony Plan as provided in §§ II.B and II.0 above, either or both <br /> may submit the matter to a neutral third-party arbitrator. The arbitrator's decision will not <br /> in any way establish the terms of a collective bargaining agreement unless both parties <br /> agree to the terms. <br /> In determining the appropriateness and efficacy of the parties' proposals, the arbitrator <br /> shall compare the parties' proposals with agreements entered into by other employers <br /> and labor organizations involving services similar to the Services under similar working <br /> • <br /> conditions and with other similarly situated employees in comparable communities in <br /> the state of Washington unless an inadequate number of comparable employers exists <br /> within the state of Washington, in which case comparable communities in the Pacific <br /> Northwest may be considered. <br /> VI. Exemptions <br /> A. When the employees of a contractor who are essential to the delivery of Services. <br /> are not represented by an exclusive bargaining representative and when no labor <br /> organization has notified the contractor that it is seeking to become the exclusive <br /> bargaining representative of those employees, a contractor will be exempted from <br /> submitting a Labor Harmony Plan. <br /> B. The County may, in its sole and absolute discretion, determine that its proprietary <br /> interests may be harmed if it refuses to contract with a contractor as a result of this <br /> policy. Among the factors that the County may consider in making this determination <br /> are whether the County has the ability to contract with another contractor that: <br /> 1. Could provide the same Services with comparable cost and quality; <br /> 2. Has a record of avoiding labor unrest, and <br /> 3. Has, if applicable, submitted a Labor Harmony Plan to the County. <br /> Exhibit E <br /> A-11-75-04-198 <br /> City of Everett <br /> Page 3 of 4 <br /> 28 <br />