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D. Step 3. <br /> A. 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.Executive <br /> Director of Human Resources or designee within ten (10) calendar days of <br /> 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 /> B. The City and Union agree to select an arbitrator in the following manner: <br /> a. The City and Union shall create and maintain a standing list of three (3) <br /> to five (5) mutually approved arbitrators. <br /> b. The City and Union shall select an arbitrator via the striking method. The <br /> parties shall mutually agree which party strikes the first name. If the <br /> parties cannot mutually agree, the parties shall toss a coin to determine <br /> who shall strike the first name. Once the arbitrator is selected,the parties <br /> 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 Mediation <br /> and Conciliation Services. Once the list is received,the representatives of <br /> the parties shall strike names until an arbitrator is chosen.The parties shall <br /> mutually agree which party strikes the first naive. If the parties cannot <br /> mutually agree, the parties shall toss a coin to determine who shall strike <br /> the first name. Once the arbitrator is selected, the parties will contact the <br /> arbitrator to schedule a hearing. <br /> 3. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost <br /> of the arbitration including but not limited to the list of arbitrators, the arbitrator <br /> themselves, and the court reporter shall be split evenly between the City and Association. <br /> The arbitrator's decision shall be final and binding. The arbitrator shall issue their decision <br /> within thirty(30)calendar days from the conclusion of the hearing, unless the parties agree <br /> otherwise. <br /> 2025 MOU City of Santa Ana &SEW Full-Time Employees Unit Page 71 <br />