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appeal. The City Manager shall meet with the grievant and review the grievance and shall answer <br />within ten days of discussing the grievance. <br />If the grievant is not satisfied with the decision of the City Manager, the grievant may, within ten days <br />from the date of receiving the decision of the City Manager submit a written request to the City <br />Manager for the grievance to be heard by an arbitrator/hearing officer. <br />If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service <br />shall be requested to submit a list of seven persons qualified to act as arbitrators. Within ten days <br />following receipt of the list of arbitrators, the parties shall select an arbitrator. The parties shall <br />alternately strike one name from the list until no name remains. The right to strike the first name is <br />determined by lot. <br />Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if <br />any. Each party shall bear its own witness and attorney fees. The arbitrator/hearing officer shall render <br />a decision in writing within 30 days of the close of the hearing or of his/her receipt of closing briefs, <br />whichever is later. <br />Findings of Fact and Remedies - An arbitrator may sustain, modify, or rescind an appealed disciplinary <br />action as follows and subject to the following restrictions. <br />a. All Disciplinary Actions - If the arbitrator finds that the disciplinary action was taken for <br />reasonable cause, he or she shall sustain the action. <br />b. SuVension/Reductions in Class or Salary - If the action is modified or rescinded, the appellant <br />shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the <br />arbitrator's decision. However, the action may not be modified so as to increase the penalty <br />imposed by the Department. <br />c. Discharge <br />1. If the arbitrator finds that the order of discharge should be modified to another form of <br />discipline, the appellant shall be restored to a position in his or her former class subject to <br />forfeiture of pay and fringe benefits for all or a portion of the period of time the appellant was <br />removed from duty, as determined by the arbitrator. <br />2. If the arbitrator finds that the order of discharge should be rescinded and no discipline <br />imposed, the appellant shall be reinstated in a position in his or her former class and shall <br />receive pay and fringe benefits for all of the period of time he or she was removed from duty. <br />d. Restriction on Remedies <br />1. The City shall not be liable for restoring pay and fringe benefits for any period(s) of time the <br />appellant was reduced or removed from duty, which results from the appealing party's request <br />for written briefs and/or a transcript of the arbitration proceedings. <br />2. Restoration of pay and benefits shall be subject to deduction of all unemployment insurance <br />payments received. Outside earnings received since the date of discharge but which appellant <br />would not likely have earned but for the discharge, shall also be deducted. <br />7. General Provisions <br />a. Grievance/Alpeal hearings — Grievance and/or appeal hearings by an arbitrator shall be <br />private. <br />Page 5 of 18 <br />CWA MOU expires 063007 <br />3/7/2005 <br />