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designee may affirm, reverse, or modify the decision made at Step 1. <br /> 3. The City Manager or designee shall deliver the Step 2 written response to the <br /> employee within ten (10) calendar days after meeting with the employee. <br /> C. 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)calendar <br /> days of receiving the Step 2 response. Should the grievant fail to file a written <br /> grievance at Step 3 within ten(10)calendar days after receiving the response <br /> at Step 2, the grievance shall be barred and waived. <br /> 2. The City and Association agree to select an arbitrator in the following <br /> manner: <br /> a. The City and Association shall refer to the mutually-approved <br /> standing list of arbitrators as specified in Section 19.2(13)(2)(b). <br /> b. The City and Association shall select an arbitrator via the striking <br /> method. The parties shall mutually agree which party strikes the first <br /> name.If the parties cannot mutually agree,the parties shall toss a coin <br /> to 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 coin <br /> to determine who shall strike the first name. Once the arbitrator is <br /> selected,the parties will contact the arbitrator to schedule a 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 /> arbitrators, the arbitrator themselves, and the court reporter shall be split <br /> evenly between the City and Association. The arbitrator's decision shall be <br /> final and binding. The arbitrator shall issue their decision within thirty(30) <br /> calendar days from the conclusion of the hearing, unless the parties agree <br /> otherwise. <br /> 53 <br />