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31 <br /> The arbitrator shall be designated by mutual agreement between the Association and the <br />City Manager. The fees and expenses of the arbitrator and court reporter shall be shared <br />equally between the City and the Association. Each party, however, shall bear the cost of <br />its own presentation, including preparation and post hearing briefs, if any. <br /> <br /> An employee may proceed to arbitration only in grievances involving discipline and only <br />if the Association elects not to represent the employee in the grievance. The arbitrator <br />shall be selected by mutual agreement between the employee and the City Manager. The <br />fees and expenses of the arbitrator and of a court reporter shall be shared equally by the <br />employee and the City. Each party, however, shall bear the cost of its own presentation, <br />including preparation and post hearing briefs, if any. <br /> <br /> (5) Decisions of the arbitrators on matters properly before them shall be final and binding on <br />the parties hereto, to the extent permitted by law or the terms of this Agreement. <br /> <br />23.3 The time limits previously set forth shall be considered maximums and every effort shall be <br />made to expedite the process. The limits specified may, however, be extended by mutual <br />agreement of the parties. <br /> <br />23.4 No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such <br />dispute involves a position in a unit represented by the Association and unless such dispute <br />falls within the definition of a grievance as set forth in subsection 23.1. <br /> <br />23.5 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. No arbitrator <br />shall have the power to amend or modify this Memorandum of Understanding or written <br />agreement or addenda supplementary hereto or to establish any new terms or conditions of <br />employment. <br /> <br />23.6 No grievance involving demotion, reduction in pay, suspension, dismissal of an employee will <br />be entertained unless it is filed in writing with the City Manager within seven (7) working days <br />of the time at which the affected employee was notified of such action. <br /> <br />23.7 If the City Manager, in pursuance of the procedures outlined in subsection 23.2(3) above, <br />resolves the grievance which involves suspension or discharge, he/she may agree to payment <br />for lost time or to reinstate with or without payment for lost time. <br /> <br />23.8 Complaints which allege that employees are not being compensated in accordance with the <br />provisions of this Memorandum of Understanding shall be considered as grievances. No <br />adjustment shall be retroactive for more than thirty (30) days from the date upon which the <br />complaint was filed. Any other matters of compensation are to be resolved in the meeting and <br />conferring process and if not detailed in the Memorandum of Understanding which results from <br />such meeting and conferring process shall be deemed withdrawn until the meeting and <br />conferring process is next opened for such discussion. <br /> <br />23.9 No changes in this Memorandum of Understanding or interpretations thereof (except <br />interpretations resulting from arbitration proceeding hereunder) will be recognized unless <br />agreed to by the City Manager and the Association. <br />Page 201 of 248