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2. The City Manager or designee shall meet with the employee within twenty- <br /> one (21) days after submission of the Step 2 grievance. The City Manager <br /> or 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 <br /> the employee within ten (10) calendar days after meeting with the <br /> employee. <br /> D. Step 3. <br /> 1. 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) <br /> calendar days of receiving the Step 2 response. Should the grievant fail to <br /> file a written grievance at Step 3 within ten (10) calendar days after <br /> receiving the response 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 list of <br /> arbitrators as specified in Section 16.2(A)(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 <br /> coin to determine who shall strike the first name.Once the arbitrator <br /> is selected, the parties will contact the arbitrator to schedule a <br /> 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 <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 <br /> coin to determine who shall strike the first name. Once the arbitrator <br /> is selected, the parties will contact the arbitrator to schedule a <br /> 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 /> CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028 <br /> Page 55 <br /> t3139922.1 SA370-001 <br />