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STEP 3 <br /> a. If the issue remains unresolved within seven (7) days of receipt of the <br /> Division Manager's written reply, the grievance, along with all <br /> pertinent written information, shall be submitted to the Executive <br /> Manager (or designee) with a copy to the Human Resource Division <br /> Manager. <br /> b. The Executive Manager (or designee) will meet with the employee, <br /> the Union representative(s), and the Human Resource Division <br /> Manager (or her/his representative) within fourteen (14) days, and <br /> shall render a decision within seven (7) days of the meeting. In those <br /> departments without division managers, the issue shall be referred to <br /> <br /> ! the Executive Manager without Step 2 as outlined above. <br /> c. If the issue is not resolved. at this step, it may proceed to Step 4. <br /> <br /> i <br /> STEP 4 -RESOLUTION OF GRIEVANCES <br /> a. If the grievanceis still not resolved, it maybe submitted to grievance <br /> mediation under Article 35.7 below upon mutual agreement of the City and <br /> the Union or, absent such agreement, the Union may submit it within <br /> twenty-one (21) days to an arbitrator in the following manner: <br /> 1) The parties will attempt to negotiate a mutual statement <br /> stipulating the issue to be submitted for arbitration. <br /> 2) A list of five (5) AAA-qualified members shall be requested <br /> from the ERB and the parties shall alternately strike one name from <br /> the list until one (1) is left. The order of striking shall be determined <br /> by lot and shall not require more than one (1) day to complete each <br /> strike. <br /> 3) Neither the City nor the Union may submit any new factual <br /> information in arbitration that was not presented previously in the <br /> administrative hearings. If, prior to the arbitration hearing, either <br /> party discovers evidence not previously discussed, the parties shall <br /> reconvene a Step 3 hearing. This meeting may not delay the <br /> arbitration hearing unless both parties mutually agree to delay it. <br /> 4) The arbitrator shall render a decision within thirty (30) days. <br /> The powers of the arbitrator shall be limited to interpreting the <br /> collective bargaining agreement and determining if it has been <br /> violated. S/he shall have no authority to alter, modify, vacate, or <br /> amend any terms of the collective bargaining agreement, or to decide <br /> on any condition which is not specifically treated in this Agreement. <br /> <br />