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B. Notice -Time Limit: <br />The referring party shall notify the other party in writing by certified mail of <br />submission to arbitration within ten (10) calendar days after receipt of the <br />Step 2 response. <br />C. Arbitrator -Selection: <br />After timely notice, the parties shall select an arbitrator in the following <br />manner: <br />In the event neither party agrees on a neutral arbitrator, then either party <br />may request that the Public Employment Relations commission (PERC) <br />submit a list of nine (9) names. If the parties cannot mutually agree on an <br />arbitrator from the list of nine (9), then the parties shall meet and flip a coin. <br />The winning party shall strike one (1) name from the list and communicate <br />that choice to the other party. The losing party will strike one (1) name from <br />said list, and so on. The remaining name shall be the arbitrator. <br />D. Decision -Time Limit: <br />The arbitrator will meet and hear the matter at the earliest possible date <br />after the selection of the arbitrator. After completion of the hearing, a <br />decision shall be entered within thirty (30) calendar days or as soon as <br />possible thereafter, unless an extension of time is agreed upon as provided <br />for herein. <br />E. Limitations -Scope -Power of the Arbitrator: <br />i. The arbitrator will not have the authority to add to, subtract from, alter, <br />change or modify the provisions of this Agreement. <br />ii. The arbitrator shall have the power to interpret and apply the terms of <br />the Agreement and/or determine whether there has been a violation of <br />the terms of this Agreement. <br />iii. The arbitrator shall consider and decide only the question or issue raised <br />at Step 1 and/or Step 2. <br />iv. In conducting a hearing, the arbitrator shall keep a verbatim record of <br />testimony either by tape recording or court reporter. The party or parties <br />requesting or using transcription of the official records shall share equally <br />in the cost of such services. The arbitrator shall also have the authority <br />to receive evidence and question witnesses. <br />v . Decisions regarding changes in past practices (Section 4.3) shall be <br />advisory only. <br />Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 23