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B. <br />c. <br />Notice - Time Limitation: The referring party shall notify the other party in writing by certified <br />mail of submission to arbitration within ten (10) calendar days after receipt of the Step 2 <br />response. <br />Arbitrator Selection for Non-Disciplinarv lssues: After timely notice, the parties shall select an <br />arbitrator in the following manner: <br />1 ln the event either party does not agree on a neutral arbitrator, then either party may <br />request that the Public Employment Relations Commission (PERC) submit a list of <br />nine (9) names. lf the parties cannot mutually agree on an arbitrator from the list of <br />nine (9), then the parties shall meet and flip a coin. The winning party shall strike one <br />(1) name from the list and communicate that choice to the other party. The losing <br />party will strike one (1) name from said list, and so on. The remaining name shall be <br />the arbitrator. <br />Each party hereto shall pay the expenses of their own representatives, attorneys, <br />witnesses, and other costs associated with the presentation of their case and the <br />expenses, as well as one-half (112) the expenses of the arbitrator. <br />E. <br />D. Arbitrator Selecti on for Discioline The selection of an arbitrator for issues involving <br />disciplinary action shall be established by Washington State Law and PERC rules. ln the <br />event of a conflict between this Agreement and Washington State Law and/or PERC rules, <br />the Washington State Law and/or PERC rules shall prevail. <br />Decision - Time Limit: The arbitrator will meet and hear the matter at the earliest possible <br />date after the selection of the arbitrator. After completion of the hearing, a decision shall be <br />entered within thirty (30) calendar days or as soon as possible thereafter, unless an <br />extension of time is agreed upon as provided for herein. <br />F. Limitations - Scope -of the Arbitrator: The arbitrator will not have the autho rity to add <br />to, subtract from, alter, change, or modify the provisions of this Agreement <br />The arbitrator shall have the power to interpret and apply the terms of the Agreement <br />and/or determine whether there has been a violation of the terms of this Agreement. <br />The arbitrator shall consider and decide only the question or issue raised at Step 1 <br />and/or Step 2. <br />ln conducting a hearing, the arbitrator shall keep a verbatim record of testimony either <br />by tape recording or court reporter. The party or parties requesting or using <br />transcription of the official records shall share equally in the cost of such services. <br />The arbitrator shall also have the authority to receive evidence and question <br />witnesses. <br />4. Decisions regarding changes in past practices (Section 4.3) shall be advisory only <br />Arbitration Award - Damaoes - Expenses: The arbitrator shall not have the authority to award <br />punitive damages. <br />1 <br />2 <br />3 <br />G <br />I <br />1B