ARTICLE 37 ARBITRATION Section 1. Right to Arbitrate. The F.O.P. shall have the right to submit to arbitration any grievance that has been processed through the grievance procedure in a proper and timely fashion. Section 2. Notice to City. When initiating arbitration, the F.O.P. shall give the City a written notice of intent to arbitrate, by delivering same to the City's Director of Human Resources. Such a notice must be given within fifteen (15) calendar days after the Step 3 grievance answer is received. Section 3. Notice to FMCS. The party initiating arbitration shall give notice of intent to arbitrate to the other party and shall concurrently file with the Federal Mediation & Conciliation Service a request, with copy to the other party, for a list of seven (7) arbitrators to be mailed to the F.O.P.'s designated representative and to the City's Director of Human Resources. Section 4. Selection Procedure. Within fifteen (15) calendar days after receipt of the list of arbitrators unless extended by mutual consent, the parties of their representatives shall, in a meeting or by telephone, alternately strike one name at a time from the list, with the first strike being determined by coin-flips until only one name remains, and that arbitrator shall be selected to hear the case. Each side has the right to reject one full list within fifteen (15) days after receipt of the list. In the event that a party or its representative fails to respond within thirty (30) calendar days to the other party’s efforts to select an arbitrator, the FMCS shall be permitted to appoint an arbitrator. Section 5. Notification. Either party may notify the FMCS of the identity of the selected arbitrator, and the matter shall thereafter proceed in accordance with the reasonable instructions and orders of the arbitrator, subject to the following limitations: A. No arbitrator shall have before him/her at any time more than one case involving this Agreement without voluntary consent of both parties. B. The arbitrator shall use his/her best reasonable efforts to accommodate the parties' requests concerning hearing dates, times and places, due to operational considerations. C. The arbitrator shall not admit evidence concerning any grievance settlement(s) or settlement efforts without the consent of both parties. D. The arbitrator shall not add to, subtract from, or modify any term or provision of this Agreement in any way. E. The arbitrator, by accepting appointment, agrees to render a decision within thirty (30) calendar days after the close of the hearing, subject to his/her authority to grant more time for the filing of briefs.
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