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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 />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 />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 />