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Step 5 If, within ten (10) working days, the Mayor has not settled the grievance, the <br /> Union Grievance Committee and/or the employee will submit the grievance to an arbitration <br /> board to be determined in accordance with Step 6 of this Article. Notice of appeal must be <br /> made in writing and within ten (10) working days after the response. <br /> Step 6 The Arbitration Board shall consist of one arbitrator who shall be requested from <br /> the Public Employment Relation Commission (PERC). If an Arbitrator from PERC is rejected by <br /> either party, then a request shall be submitted to the American Arbitration Association for a <br /> listing of five (5) professional arbitrators. The City and the Union representative will take turns <br /> striking names off the list until only one person remains on the list and that person shall become <br /> the arbitrator. A coin flip shall determine whether the City representative or the Union <br /> representative will strike the first name on the list. The committee will hold its first grievance <br /> meeting within five (5) working days after the selection of the arbitrator. The arbitrator shall <br /> render a decision within ten (10) working days after the initial meeting. The cost of arbitration <br /> shall be borne equally by both parties and each party shall pay its respective representatives' or <br /> attorneys' fees. The City and the Union agree that the decision of the Committee shall be final <br /> and binding upon both parties. <br /> The arbitration board shall render its decision solely based on the interpretation <br /> and application and provisions of this Agreement and shall address only those issues raised in <br /> the written grievance. Neither the arbitration board nor any other person or persons involved in <br /> the grievance process shall have the power to negotiate new agreements or to change any of <br /> the present provisions of this Agreement. <br /> 19 <br />