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notice to the City of its intent to arbitrate within thirty (30) working days of the <br /> Mayor's response. <br /> 9.3.3 Whenever the employer fails to respond within the time limits set forth in this <br /> section, the grievance will automatically advance to the next step. Only the <br /> signatory parties may submit grievances to arbitration. <br /> 9.3.4 The Everett Police Officers Association shall be the exclusive representative of <br /> any aggrieved employee. Pursuance of any and all grievances shall be determined <br /> exclusively by the Association in conjunction with the procedures established in <br /> this Agreement. Any decision by the Association to terminate the pursuance of a <br /> grievance shall be final and binding upon the aggrieved member; provided that <br /> nothing herein shall be construed so as to limit an employee's right to resolve <br /> employment issues in accordance with RCW 41.56.080. <br /> 9.4 Arbitration of Grievances. <br /> 9.4.1 The City and Association representatives will discuss the appointment of an <br /> arbitrator within ten calendar days after the notification of appeal. If they cannot <br /> agree on the arbitrator, they shall submit a request to the Federal Mediation and <br /> Conciliation Service for a listing of seven (7) professional arbiters whose <br /> principle residence is Washington or Oregon and who are members of the <br /> National Academy of Arbitrators. The City and the Association representatives <br /> will take turns striking names off the list until only one (1) person remains on the <br /> list. A coin flip shall determine whether the City representative or the Association <br /> representative will strike the first name on the list. The Arbitration Committee <br /> shall observe the timeframes provided within the Rules for Voluntary Arbitration <br /> of the American Arbitration Association. The cost of arbitration shall be borne <br /> equally by both parties, and each party shall pay its respective representatives' or <br /> attorneys' fees. The City and the Association agree that the decision of this <br /> committee shall be final and binding upon both parties. <br /> 9.4.2 The arbitrator shall render his/her decision solely based on the interpretation and <br /> application and provisions of this Agreement. Neither the arbitrator nor any other <br /> person or persons involved in the grievance process shall have the power to <br /> negotiate new agreements or to change any of the present provisions of this <br /> Agreement. <br /> 9.4.3 All time limits in this procedure shall be maximum. <br /> EVERETT POLICE OFFICERS ASSOCIATION <br /> PAGE 12 <br />