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Section 9. For all arbitrations, the losing party shall bear the cost of the arbitration, as <br /> well as the cost of providing the arbitrator a transcript of the hearings. In the event that the <br /> decision of the arbitrator finds in part for each party the arbitrator shall provide in his order for <br /> the assessment and division of such costs. All proceedings shall be transcribed unless mutually <br /> agreed to the contrary. Each party shall be responsible for compensating its own <br /> representatives and witnesses. <br /> Section 10. No grievance shall be entertained or processed unless submitted, in writing <br /> to the Fire Chief, as per Section 5 hereof, within fifteen (15) business days of the date that the <br /> employee knew or should have known of the event giving rise to a grievance. Any award to an <br /> aggrieved employee for a violation of the terms of this agreement shall be limited to <br /> consideration of only the said fifteen (15) business days immediately preceding the filing of the <br /> grievance plus any period thereafter during which such practice continued. If a grievance is not <br /> appealed by the union or the employee to the next step in the procedure set out herein within <br /> the time limits set forth or as mutually extended in writing, it shall be deemed waived and settled <br /> on the basis of the city's last response. <br /> Section 11. The affect m r n t an f h <br /> ed e lo ee shall have the ri ht to be ese t a o t e <br /> p Y J p Y <br /> hearings provided for herein if such employee so chooses. <br /> Section 12. If a request for arbitration is made as provided in Section 7 hereof and the <br /> parties are unable to mutually agree upon an arbitrator within 10 business days thereof, then <br /> FMCS must be so notified in writing, and asked to submit a panel of arbitrators as therein <br /> provided, within 45 business days of the date said request for arbitration was received by the <br /> City Manager's Office. Upon the receipt of said panel, the union must within seven (7) business <br /> days thereof notify the City that it is willing to meet or otherwise confer with the City within 14 <br /> business days of said notice for the purpose of selecting an arbitrator. The City shall meet with <br /> the Union within said 14 business days. For the purposes hereof, notice shall be considered <br /> served on the date of mailing. If such notices are not served within the time limits provided <br /> herein, no arbitrator shall have authority or jurisdiction to decide the matter and the same will be <br /> deemed settled on the basis of the City's last response. The time limits established herein may <br /> be extended by mutual agreement, in writing, of the parties. <br /> Section 13. An employee receiving a suspension may, upon written notification to the <br /> Fire Chief and prior to the commencement of such suspension, elect to use any accumulated <br /> vacation leave for the duration of such suspension. If an employee elects to use accumulated <br /> vacation leave for the duration of the suspension, the employee waives their right to a hearing <br /> before the Civil Service Commission or before an Arbitrator pursuant to Article 18. <br /> ARTICLE 19 <br /> INTERRUPTION OF DUTY <br /> During the term of this agreement, there shall be no strikes, slow downs, unauthorized <br /> absenteeism or interruption of duty or other interference with the efficient operation of the fire <br /> fighting service and the operation of the Fire Department of the City. <br /> 25 <br />