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reach a satisfactory resolution of the problem. No grievance may be processed under paragraph <br />(4 below), which has not first been filed and investigated in accordance with this paragraph <br />(3). <br />4. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises <br />and is presented during the term of this Memorandum of Understanding, such grievance shall <br />be submitted to a Review Board comprised of two (2) members of the Union and two (2) Fire <br />Department management representatives appointed by the Fire Chief. Notification to the Fire <br />Chief of the need to proceed to this step must occur within 30 days of the Fire Chiefs decision <br />in (3) above, or the grievance is considered settled. <br />The Review Board shall be convened within twenty-one (2 1) calendar days from the day the <br />grievance was submitted to said Board. The Board shall render its findings and <br />recommendations in writing to the Joint Executive Directors within fourteen (14) calendar days <br />from the date it completed its review of the grievance, subject to the agreement set forth in <br />Appendix C. <br />5. The Joint Executive Directors shall within fourteen (14) calendar days of receipt of the Review <br />Board's written findings and recommendations review the findings and recommendations and <br />render a written decision on the grievance. <br />6. The Union may appeal the decision of the Joint Executive Directors by requesting that the <br />grievance be referred to an impartial arbitrator. The Union's decision to refer the grievance to <br />arbitration shall be made within fourteen (14) days of the notification of the Joint Executive <br />Directors decision. The arbitrator shall be designated by mutual agreement between the Union <br />and the Joint Executive Directors. The fees and expenses of the arbitrator and court reporter <br />shall be shared equally between the Fire Department and the Union. Each party, however, <br />shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. <br />7. Decisions of arbitrators on matters properly before them shall be final and binding on the <br />parties hereto, to the extent permitted by law, Ordinances and Resolutions of the Livermore - <br />Pleasanton Fire Department JPA. <br />26.3 The time limits previously set forth shall be considered maximums and every effort shall be made <br />to expedite the process. The limits specified may, however, be extended by mutual agreement of <br />the parties. <br />26.4 No Review Board and no arbitrator shall entertain, or hear, any dispute unless such dispute <br />involves a position in the unit represented by the Union and unless such dispute falls within the <br />definition of a grievance as set forth in Subsection 26.1. <br />26.5 Proposals to add to or change this Memorandum of Understanding or written agreements or <br />addenda supplementary hereto, shall not be arbitrable and no proposal to modify amend or <br />terminate this Memorandum of Understanding, nor any matter or subject arising out of or in <br />connection with such proposal may be referred to arbitration under this Section. Neither any <br />Review Board nor any arbitrator shall have the power to amend or modify this Memorandum of <br />39 <br />