Laserfiche WebLink
A. <br />B <br />792 - Road Union <br />Notice - Time Limitation: The Union or the Employer shall notify the other in writing by <br />certified mail of submission to arbitration within ten (10) working days after receipt of <br />the Step 2 response. <br />Arbitration - Number - Selection: The Union and the Employer will attempt to select an <br />arbitrator within twenty (20) calendar days after receipt of the written notice to <br />arbitrate. <br />ln the event the parties do not agree on an arbitrator, then either party may request <br />that the Public Employment Relations Commission (PERC) submit a list of ten (L0) names <br />from the register. Upon receipt of the ten names, the parties shall flip a coin to <br />determine who will strike the first name, following which each will alternately strike one <br />of the names submitted until only one name remains. This person will serve as the <br />arbitrator subject to the following provisions. <br />c Decision - Time Limit: <br />The arbitrator will meet and hear the matter at the earliest possible date after <br />selection of the arbitrator. After completion of the hearing, a decision shall be <br />entered within 30 calendar days, unless an extension of time is agreed upon. <br />Any decision by the arbitrator shall be binding on each party. <br />D. Limitations, Scope, and Power of Arbitrator: <br />t <br />2 <br />I <br />2 <br />The arbitrator shall not have the authority to add to, subtract from, alter, <br />change or modify the provisions of this Agreement. <br />The power of the arbitrator shall be limited to interpretation of or application of <br />the terms of this Agreement or to determine whether there has been a violation <br />of the terms of this Agreement by either the Employer or the Union. <br />The arbitrator shall consider and decide only the question or issue raised at Step <br />1 or Step 2, as determined by the step where the grievance was first initiated, <br />and said arbitrator shall not have the authority to consider additions, variations <br />and/or subsequent grievances beyond the grievance submitted at Step 1 or Step <br />2. <br />ln 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 />E. Arbitration Award - Damages - Expenses: <br />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 />The arbitrator will retain jurisdiction of the grievance until such time as the <br />award has been complied with in full. <br />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 />3 <br />4. <br />1 <br />2 <br />3 <br />27