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The referring party shall notify the other party in writing by certified mail of submission <br />to arbitration within ten (10) calendar days after receipt of the Step 2 response. <br />C. Arbitrator - Selection: <br />i. After timely notice, the parties shall select an arbitrator in the following manner <br />a ln the event neither party agrees 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. <br />lf the parties cannot mutually agree on an arbitrator from the list of nine (9), then <br />the parties shall meet and flip a coin. The winning party shall strike one (1) name <br />from the list and communicate that choice to the other party. The losing party will <br />strike one (1) name from said list, and so on. The remaining name shall be the <br />arbitrator. <br />D. Decision - Time Limit: <br />The arbitrator will meet and hear the matter at the earliest possible date after the selection of the <br />arbitrator. After completion of the hearing, a decision shall be entered within thirty (30) calendar <br />days or as soon as possible thereafter, unless an extension of time is agreed upon as provided for <br />herein. <br />E. Limitations - Scope - Power of the Arbitrator: <br />The arbitrator will not have the authority to add to, subtract from, alteI change, or modify <br />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 I and/or <br />Step 2. <br />ln conducting a hearing, the arbitrator shall keep a verbatim record of testimony either by <br />tape recording or court reporter. The party or parties requesting or using transcription of <br />the official records shall share equally in the cost of such services. The arbitrator shall also <br />have the authority to receive evidence and question witnesses. <br />a. Decisions regarding changes in past practices (Article 4.3) shall be advisory only <br />Arbitration Award - Damages - Expenses: <br />i. The arbitrator shall not have the authority to award punitive damages. <br />b. <br />il <br />iii. <br />iv. <br />F <br />LOC/:rL T{IO - C-LERICAL, FISCAI, DEPUTT FIRE I'/IARS:-IAL, EIVIIRGEI..]CY <br />Ml\l'lAGEl.,4!l.lT A.ND TECHIJOLOGY EMPLOYEES - IlI/2025 - I2/37i202.7 <br />23