03.06 - Labor Agreement - Laserfiche WebLink

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Step 2A. Upon completion of the previous procedure and prior to requesting arbitration, the Union and the Employer may agree to request mediation of the grievance by the Bureau of Mediation Services. Such request must be made within ten (10) calendar days following the decision in Step 2. In the event the parties mutually agree to mediation, the time limit for requesting arbitration pursuant to Step 3 shall commence as of the date of conclusion of the mediation. Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration by the Union submitting the notice of request for arbitration to the Employer within ten (10) calendar days after the Step 2 response. The arbitration proceeding shall be conducted by an arbitrator selected from a panel of arbitrators provided by the Bureau of Mediation Services pursuant to the provisions of the Public Employment Labor Relations Act of 1971, as amended. Both the Employer and the Union shall alternately strike names from the panel until one name remains and that person shall be the arbitrator. The party requesting arbitration shall strike the first name and also shall notify the arbitrator of the selection. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, or add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall not have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union. Each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 22794-1 (9.16.08) 6