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Kittitas County -Local 792 <br />January 1, 2016 -December 31, 2018 <br />arbitrator subject to the following provisions. <br />(d) Decision -Time Limit: <br />(i) The arbitrator will meet and hear the matter at the earliest possible date after <br />the selection of the arbitrator. After completion of the hearing, a decision shall <br />be entered within thirty (30) calendar days, unless an extension of time is <br />agreed upon. <br />(ii) Any decision by the arbitrator shall be binding on each party. <br />(e) Limitations, Scope and Power of Arbitrator: <br />(i) The arbitrator shall not have the authority to add to, subtract from, alter, <br />change or modify the provisions of this Agreement. <br />(ii) The power of the arbitrator shall be limited to interpretation of or application <br />of the terms of this Agreement or to determine whether there has been a <br />violation of the terms of this Agreement by either the Employer or the Union . <br />(iii) The arbitrator shall consider and decide only the question or issue raised at <br />Step 1 or Step 2, as determined by the step where the grievance was first <br />initiated, and said arbitrator shall not have the authority to consider additions, <br />variations and/or subsequent grievances beyond the grievance submitted at <br />Step 1 or Step 2. <br />(iv) In conducting the hearing, the arbitrator shall have the power to administer <br />oaths, issue subpoenas, receive relevant evidence, compel the production of <br />books and papers relevant to the hearing, and question witnesses. <br />(f) Arbitration Award -Damages -Expenses: <br />(i) Arbitration awards shall not be made beyond the date of the occurrence upon <br />which the grievance is based, that date being ten (10) working days or less prior <br />to the initial filing of the grievance. <br />(ii) The arbitrator will retain jurisdiction of the grievance until such time as the <br />award has been complied with in full. <br />(iii) The arbitrator shall not have authority to award punitive damages. Punitive <br />damages do not include an award for lost wages, or lost benefits. <br />(iv) In the event that either party evaluates and determines that the arbitration <br />award was made beyond the jurisdiction of the arbitrator or that said <br />arbitration award was clearly erroneous, or that said arbitration award was <br />arbitrary, capricious and unreasonable in light of the evidence presented, then <br />and in that event said award may be appealed to Superior Court. Said appeal <br />shall be taken by either party within sixty (60) calendar days from the date of <br />receipt of the written decision of the arbitrator. <br />24