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(d) The filing of a grievance or a notice of intent to arbitrate under the provisions of <br /> this Article precludes the employee from any other review, appeal or hearing otherwise <br /> available or required by law, unless expressly permitted herein. <br /> Section 3. No arbitration order or award entered under the provisions hereof may <br /> limit or interfere with the powers, duties and responsibilities vested in the City Council <br /> under applicable State law. <br /> Section 4. The Union or any employee covered by this Agreement shall first <br /> attempt to resolve any grievance orally with the appropriate battalion or division chief. The <br /> battalion or division chief will attempt to resolve the dispute whenever possible, and if not <br /> settled, state reasons why such was not possible. Grievances settled at this level are not <br /> precedent for future grievances. <br /> Section 5. A Battalion Chief shall respond to the Union's grievance within five (5) <br /> business days. If the Union is not satisfied with the particular battalion or division chief's <br /> response, the written grievance may be filed with the Fire Chief. The grievance shall state <br /> in simple and concise terms the nature of the dispute and shall specify the portion of the <br /> Agreement which the Union or the employees feels is being violated. The Fire Chief shall <br /> meet with two (2) representatives within ten (10) business days after receiving the <br /> grievance. The Fire Chief shall give said officer's response in writing within five (5) <br /> business days thereafter. A "business day", for the purposes of this Article, shall be any <br /> day on which the City's Administrative Offices are open and conducting business. <br /> Section 6. If the union is not satisfied with the Fire Chief's response, the written <br /> grievance may be referred to the City Manager within five (5) business days after the Fire <br /> Chief's decision. <br /> The City Manager shall meet with two representatives within fifteen (15) business <br /> days after receiving the grievance. The City Manager shall give the City's response in <br /> writing within five (5) business days with his decision. <br /> Section 7. If the union is not satisfied with the City's response, the written <br /> grievance and the City's responses may be referred to arbitration by so notifying the City <br /> Manager's Office in writing within ten (10) days after the City Manger's decision. <br /> The City and the Union shall attempt to agree upon an arbitrator. <br /> If the parties fail to agree to the selection of an arbitrator, the Federal Mediation <br /> and Conciliation Service (FMCS) shall be requested by either or both parties to submit <br /> simultaneously to both parties an identical list of seven (7) names of persons from its <br /> grievance arbitration panel, which arbitrators are members of the National Academy of <br /> Arbitrators and are residents of Illinois. Both the City and the Union shall have the right to <br /> alternately strike three names from the panel with the party striking first to be determined <br /> by a coin toss. The remaining person shall be the arbitrator. FMCS shall be notified by <br /> the parties of the name of the selected arbitrator, who shall be notified by the FMCS of <br /> his/her selection and request the scheduling of a mutually agreeable date for the <br /> 33 <br />