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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 in <br /> 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 meet <br /> with two (2) representatives within ten (10) business days after receiving the grievance. The <br /> Fire Chief shall give said officer's response in writing within five (5) business days thereafter. A <br /> "business day", for the purposes of this Article, shall be any day on which the City's <br /> Administrative Offices are open and conducting business. <br /> Section 6. If the union is not satisfied with the Fire Chiefs 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 days <br /> after receiving the grievance. The City Manager shall give the City's response in writing within <br /> five (5) business days with his decision. <br /> Section 7. If the union is not satisfied with the City's response, the written grievance <br /> and the City's responses may be referred to arbitration by so notifying the City Manager's Office <br /> 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 and <br /> 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 grievance <br /> arbitration panel, which arbitrators are members of the National Academy of Arbitrators and are <br /> residents of Illinois. Both the City and the Union shall have the right to alternately strike three <br /> names from the panel with the party striking first to be determined by a coin toss. The <br /> remaining person shall be the arbitrator. FMCS shall be notified by the parties of the name of <br /> the selected arbitrator, who shall be notified by the FMCS of his/her selection and request the <br /> scheduling of a mutually agreeable date for the commencement of the arbitration hearing(s). All <br /> hearings shall take place in the city of Decatur, Illinois, unless otherwise mutually agreed. <br /> Section 8. The arbitrator shall have no authority to amend, modify, nullify, ignore, add <br /> to or subtract from the provisions of this agreement. He shall only consider and make a <br /> decision with respect to the specific issue submitted to him in writing, and shall have no <br /> authority to make a decision as to any other issue not so submitted to him or as to any issue not <br /> covered by the terms of this agreement. In the event that the arbitrator finds a violation of the <br /> terms of this agreement, he shall fashion an appropriate remedy within the limits provided <br /> herein. The arbitrator shall have no power to make a decision that is contrary to the laws of the <br /> State of Illinois or the United States. The arbitrator shall submit his written decision to the <br /> parties within thirty (30) business days of the close of the hearings or the submission of briefs, <br /> whichever is later, unless the parties agree to an extension. A decision rendered consistent <br /> with the terms hereof shall be final and binding and may be enforced at the instance of either <br />, party pursuant to the procedure in the Illinois Public Labor Relations Act. The pendency of any <br /> proceedings for review of the arbitrator's decision as allowed by law shall not automatically stay <br /> the order of the arbitrator. <br /> 24 <br />