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the grievance and may affirm, reverse or modify the disposition made at the First <br />Step and shall deliver his or her answer to the employee and/or the employee's <br />designated representative within ten (10) working days after said meeting. <br />B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the <br />employee and/or the employee's representative may submit the grievance in writing <br />to the City Manager or his or her designated representative within thirty (30) days <br />of being informed of the disposition made at. the Second Step. Failure of'the <br />grievant and/or his or her designated representative to take this action will <br />constitute a waiver and bar to the grievance, and the grievance will be considered <br />settled on the basis of the disposition made at the Second Step. <br />The City Manager or his or her designated representative shall meet with the <br />employee and/or the employee's designated representative within fifteen (15) <br />working days after submission of the grievance. The City Manager, or his or her <br />designated representative, after careful review, may affirm, reverse, or modify the <br />disposition made at the Second. Step and his or her decision, which shall be final <br />and binding, shall be delivered in writing, to the employee and/or the employee's <br />designated representative within fifteen (15) working days after said meeting. <br />A copy of the written grievance to the City Manager, or his or her duly authorized <br />representative, and of the City Manager's or his or her representative's written <br />decision, shall be filed in the personnel records of the department and the grievant's <br />personnel jacket maintained in the City Personnel Services Department. <br />C. Fourth Step. If the grievance is not resolved at the third step, the Union may request <br />that the grievance be submitted to advisory arbitration for issuance of a <br />recommendation. The Union mi st advise the Personnel Department within 10 <br />calendar days of receipt of the decision from the City Manager at Step 3 of its desire <br />to request to have; the matter considered by an arbitrator. Upon request to submit <br />the matter to arbitration, unless the parties can agree on an arbitrator to hear the <br />grievance, the City will request a list of seven arbitrators from the State Mediation <br />and Conciliation Service. Upon receipt of the list, theparties will strike names with <br />the Union striking first, Once an arbitrator is selected, he/she will conduct a hearing <br />regarding the grievance. The cost of the arbitrator shall be equally shared between <br />SEIU and the City. Once the arbitrator issues his/her advisory recommendation tq <br />the parties, the recommendation shall be submitted to the City Manager who will <br />make a final decision on the grievance within 20 days of his/her receipt of the <br />recommendation. <br />17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the <br />grievant, the Union, and the City shall have all rights and remedies to pursue said grievance <br />under the law. <br />55 <br />