(a) If it is the decision of the Union to submit the grievance to arbitration, then the Union shall notify the Department of Human Resources, in writing, within ten (10) work days after the final answer of the City has been received by the Union. The procedure for binding arbitration shall be as follows:
(b) A list of seven (7) arbitrators shall be requested from the Federal Mediation and Conciliation Service or another mutually agreed source. After receipt of the list, the City and the Union shall alternately strike one (1) name from the list. The side to strike the first name shall be chosen by lot.
(c) The arbitrator shall conduct a hearing within thirty (30) days of his selection, at a time, date, and place mutually agreed to by the parties. The arbitrator shall render a decision within thirty (30) days of the conclusion of the hearing; unless the parties agree to an extension. The arbitrator shall not amend, add to, or delete any of the provisions of this agreement.
(d) The fees and expenses of the arbitrator shall be shared equally. The cost of the arbitration panel shall be shared as an expense when an actual arbitration of disputes occurs. All other expenses which include witnesses shall be borne by the party incurring the cost. However, any City employee called as a witness by either side will continue to receive his regular rate of pay while attending such hearing for those hours he would have been scheduled to work.
(E) Provisions of the work rules will not be subject to arbitration, except for Paragraph 24 of the Solid Waste Work Rules. In the event a dispute occurs as to the reasonableness of the city's actions under Paragraph 24 and that dispute cannot be resolved by negotiations, the dispute shall be subject to arbitration with a hearing to be held within thirty (30) calendar days and a decision within fourteen (14) calendar days thereafter. An expedited panel shall be requested from FMCS with immediate selection of an arbitrator upon its receipt no later than three (3) work days thereafter. The arbitration shall be decided on a last best offer basis utilizing the considerations set forth in Ohio Revised Code Section 4117.14 (g).