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<br />Human Resources or designee within ten (10) calendar days of receiving <br />the Step 1 response. <br />2. <br />3. <br />The City Manager or designee shall meet with the employee within twenty- <br />one (21) days after submission of the Step 2 grievance. The City Manager <br />or designee may affirm, reverse, or modify the decision made at Step 1. <br />The City Manager or designee shall deliver the Step 2 written response to <br />the employee within ten (10) calendar days after meeting with the <br />employee. <br />D.Step 3. <br />1.If the grievant is not satisfied with the Step 2 response, the grievant must <br />submit the grievance in writing to Step 3 (binding arbitration) to the <br />Executive Director of Human Resources or designee within ten (10) <br />calendar days of receiving the Step 2 response. Should the grievant fail to <br />file a written grievance at Step 3 within ten (10) calendar days after <br />receiving the response at Step 2, the grievance shall be barred and waived. <br />2.The City and Union agree to select an arbitrator in the following manner: <br />a. <br />b. <br />The City and Union shall refer to the mutually-approved standing <br />list of arbitrators as specified in Section 19.2(A)(2)(b). <br />The City and Union shall select an arbitrator via the striking method. <br />The parties shall mutually agree which party strikes the first name. <br />If the parties cannot mutually agree, the parties shall toss a coin to <br />determine who shall strike the first name. Once the arbitrator is <br />selected, the parties will contact the arbitrator to schedule a hearing. <br />c.If none of the identified arbitrators are able to take the case, then the <br />parties will request a list of seven (7) arbitrators from the State <br />Mediation and Conciliation Services. Once the list is received, the <br />representatives of the parties shall strike names until an arbitrator is <br />chosen. The parties shall mutually agree which party strikes the first <br />name. If the parties cannot mutually agree, the parties shall toss a <br />coin to determine who shall strike the first name. Once the arbitrator <br />is selected, the parties will contact the arbitrator to schedule a <br />hearing. <br />3.Hearing Process: During the hearing, the formal rules of evidence do not <br />apply. The cost of the arbitration including but not limited to the list of <br />SANTA ANA MANAGEMENT ASSOCIATION (SAMA) MOU: 2022-2025 59