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rise to a grievance. Any award to an aggrieved employee for a violation of the terms of this <br /> agreement shall be limited to consideration of only the said ten (10) business days immediately <br /> preceding the filing of the grievance plus any period thereafter during which such practice <br /> continued. If a grievance is not appealed by the union or the employee to the next step in the <br /> procedure set out herein within the time limits set forth or as mutually extended in writing, it <br /> shall be deemed waived and settled on the basis of the City's last response. <br /> Section 12. The affected employee shall have the right to be present at any of the <br /> hearings provided for herein if such employee so chooses. <br /> Section 13. If the union notifies the City Manager's Office that it is refening the <br /> grievance to arbitration as provided herein, the Union must, within 45 days of the date said <br /> notice is received by the City Manager's Office, tender to the City a request executed by the <br /> Union, and to be executed by the City, addressed to the Federal Mediation and Conciliation <br /> Service asking for a panel of arbitrators. Upon the receipt of said panel, the Union must timely <br /> notify the City in writing of its ability and willingness to meet with or otherwise confer with the <br /> City for the purpose of selecting the arbitrator -said notice must indicate that the Union is <br /> prepared to so select the arbitrator within the three weeks immediately following the receipt of <br /> said panel. If such executed requests or notices to meet or confer are not provided to the City <br /> within the limits established herein, no arbitrator shall have authority or jurisdictibn to decide the <br /> matter and the same will be deemed settled on the basis of the City's last response. The limits <br /> established herein may be extended by mutual agreement, in writing, of the parties. <br /> ARTICLE 21 <br /> CITY A UTHORITY <br /> Section 1. Nothing in this Agreement shall be construed as delegating to others the <br /> authority vested by law in the corporate authority of the City and its duly elected or appointed <br /> officers or in any way abridging or reducing such authority or infringing upon the responsibilities <br /> thereof to the people of the City. <br /> Section 2. Unless otherwise limited by this Agreement, the City retains all <br /> management rights and powers granted it by law. Said rights and powers are subject to the terms <br /> and conditions of this Agreement and are by way of example but are not limited to the following: <br /> the right to establish, discontinue or modify those terms and conditions of employment not <br /> controlled by this Agreement; the right to operate and manage all manpower, facilities and <br /> equipment, the right to establish functions and programs; the right_to set and amend budgets; the <br /> right to determine the utilization of technology; the right to establish and modify the <br /> organizational structure, the right to select, direct and determine the number of personnel and the <br /> right to establish work schedules. <br /> 29 <br />