Common use of Arbitration of Grievances Clause in Contracts

Arbitration of Grievances. 14.01 If the Employer or Union fail to settle any grievance processed under the negotiated grievance procedure, the grievance may be submitted to arbitration by either party within 21 calendar days after receipt of a final grievance decision. 14.02 Within 7 calendar days of the request for arbitration, the grieving party shall request the Federal Mediation and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. This request shall be made through the Labor Relations Officer. 14.03 The parties shall meet within 21 calendar days after receipt of such list. If they cannot mutually agree upon one of the listed arbitrators, the parties shall flip a coin to determine which party shall be the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitrator. The Federal Mediation and Conciliation Service will be requested to select an arbitrator if either party refuses to participate in the process. 14.04 If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union. 14.06 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweek. The grievant, Union representative, and employees called as witnesses shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 The arbitrator shall not have the power to add to, subtract from, or disregard any provision of this Agreement. 14.10 The arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearing. The parties may mutually agree to present grievability/arbitrability issues to the arbitrator by written briefs prior to a scheduled hearing on the merits of the case. 14.12 The arbitrator's decision shall be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decision. 14.13 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.

Arbitration of Grievances. 14.01 If a grievance has not been satisfactorily resolved within the Employer or Union fail to settle any grievance processed under the negotiated grievance procedureGrievance Procedure, the grievance FOP Lodge 12 may be submitted to arbitration request a review by either party within 21 an impartial neutral no later than ten (10) calendar days after following receipt of a final grievance decision. 14.02 Within 7 calendar days the Mayor's response in Step 4 of the Grievance Procedure. The parties shall jointly request for arbitration, the grieving party shall request the Federal Mediation and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators(7) names from the American Arbitration Association. This Either party may unilaterally reject one panel and request shall be made through the Labor Relations Officer. 14.03 The parties shall meet within 21 a replacement panel at its own expense. Within seven (7) calendar days after of receipt of such the list. If they cannot mutually agree upon one of the listed arbitrators, unless any party requests a replacement panel within that time, the parties shall flip a coin to determine which party shall be alternately strike names, the FOP Lodge 12 striking first to strike a thus leaving the seventh (7th) name from who will act as the list. Alternate striking of names will result in a single name left to serve as arbitratorArbitrator. The Federal Mediation City and Conciliation Service will the FOP Lodge 12 shall attempt to mutually agree in writing as to the statement of the grievance to be requested arbitrated prior to select an arbitrator the arbitration hearing, and the Arbitrator shall confine his decision to the particular grievance if either party refuses to participate in specified. In the process. 14.04 If event the parties fail to agree on a joint submission the statement of the issue(s) grievance to be submitted, the Arbitrator shall confine his consideration and determination to the written statement of the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for arbitrationexercising their rights under this contractual agreement. However, each party shall submit bear the expense of its own representatives. The impartial Arbitrator's fee and related expenses and expense of obtaining a separate submission in advance of hearing room, if any, will be split between the hearing and Parties. However, should the arbitrator shall determine Arbitrator specifically render a split decision, the issue(s) to be heard from among those submitted. 14.05 The arbitrator's Arbitrator will render a decision splitting the fees and expenses shall be borne equally by between the Employer and the Union. 14.06 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweekparties. The grievant, Union representative, and employees called as witnesses shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 Any party desiring a verbatim transcript of the proceedings will hearing shall bear the cost of such transcript. Should transcript unless both parties desire a transcript, the cost shall be borne equally. 14.09 The arbitrator shall not have the power to add to, subtract from, or disregard any provision of this Agreement. 14.10 The arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearing. The parties may mutually agree to present grievability/arbitrability issues to the arbitrator by written briefs prior to a scheduled hearing on the merits share said cost. Copies of the case. 14.12 The arbitratorArbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award shall be final and binding on upon both parties. The grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties absent concerning the terms of a filing of an exception new collective bargaining agreement to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decisionreplace this Agreement. 14.13 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.

Arbitration of Grievances. 14.01 If 11.1 The grievance/arbitration procedure is intended for the Employer or sole and exclusive use of employees and the Union. The Union fail to settle may request arbitration of any grievance processed under filed during the negotiated grievance procedure, term of the agreement which is not resolved to its satisfaction through the grievance procedure and with mutual agreement the parties may be submitted submit multiple grievances to the same arbitrator. The Union shall request arbitration by either party submitting a written request for a panel of seven (7) members of the National Academy of Arbitrators with their principle residence in Ohio, Kentucky and Indiana to the Federal Mediation & Conciliation Service, with a simultaneous copy to Labor Relations, within 21 calendar days after receipt of a final grievance decision. 14.02 Within 7 twenty-five (25) calendar days of the request for arbitration, Step 2 answer (or any default in answering) or upon the grieving party shall request conclusion of mediation. 11.2 Upon receipt of the panel of arbitrators from the Federal Mediation and & Conciliation Service Service, the Union shall contact the Company within two (2) weeks to provide a list of seven impartial persons qualified endeavor to act as arbitrators. This request shall be made through the Labor Relations Officer. 14.03 The parties shall meet within 21 calendar days after receipt of such listagree upon an arbitrator. If they cannot mutually agree upon one of the listed arbitrators, the parties shall flip a coin are unable to determine which do so or either party shall be the first prefers to strike a name name, then the moving party shall strike the first name. The parties will alternately strike names from the list. Alternate , with the moving party striking of names will result in a single the first name, until one name left to remains and he/she shall serve as arbitrator. The Federal Mediation and Conciliation Service will be requested With mutual agreement, the parties may submit multiple grievances to select an arbitrator if either party refuses to participate in the processsame arbitrator. 14.04 If 11.3 Each party shall bear the parties fail expense (including any attorneys’ fees or related costs) of preparing and presenting its own case to agree on the arbitrator so selected or appointed. Either party may require that an official record be prepared by a joint submission professional reporter and that a copy be provided to the arbitrator. The party requiring an official record of the issue(sproceedings will pay the full cost of all reporting and transcript fees unless the other party requests a copy or the right of inspection or use, in which event the full cost (including the cost of providing the arbitrator with the official record) for arbitration, each shall submit a separate submission in advance be equally divided between the parties. The expense of the hearing arbitrator, and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 The arbitrator's fees and other expenses mutually agreed upon in advance, shall be borne equally by the Employer Company and the Union. 14.06 11.4 The arbitrator so selected or appointed shall hear the arbitration hearing will be held, if possible, on the Employer's premises, proceeding within commuting distance forty-five (45) days after his/her appointment. A decision of the grievant's duty stationarbitrator shall be final and binding upon the Company, the Union, and during the regular day-shift hours of the basic workweekgrievant. The grievant, Union representative, and employees called as witnesses Arbitrator shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 The arbitrator shall not have the no power to add toalter, subtract fromamend, annul, or disregard any provision of the terms or provisions of this Agreement. 14.10 11.5 The arbitrator will time limitations set forth in this Article shall be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion strictly observed, unless such limitations are waived in writing signed by representatives of the hearingCompany and the Union, respectively. 14.11 When 11.6 Any awards of back wages by an issue arbitrator shall be limited to the amount of grievabilitystraight time wages at the employee’s base rate the employee would otherwise have earned from her/arbitrability is his employment with the Company during the period involved, less any unemployment compensation or other compensation for employment that the employee may have received from any source during that period, provided that such compensation was not a normal part of the issue employee’s income prior to the imposition of the discipline. However, in any grievance arbitrated under the provisions of this Section, the Company shall under no circumstances be heard liable for any retroactive back pay, benefits, or any other advantage of employment (such as vacations) or for any time that the processing of the grievance or arbitration was delayed at the specific request of the Company after the date of the disciplinary action. Delays at the specific request by the arbitrator, both issues will Union in which the Company concurs shall not be heard at the same hearing. The parties may mutually agree to present grievability/arbitrability issues to the arbitrator by written briefs prior to a scheduled hearing on the merits of the caseincluded in such additional time. 14.12 The arbitrator's decision shall be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decision. 14.13 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.

Arbitration of Grievances. 14.01 11.01 If the Employer or Union fail to settle any grievance processed under the negotiated grievance procedure, the grievance may be submitted to arbitration by either party within 21 30 calendar days after receipt of a final grievance decision. 14.02 11.02 Within 7 calendar days of the request for arbitration, the grieving party shall request the Federal Mediation and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. This request shall be made through the Labor Relations Officer. 14.03 11.03 The parties shall meet within 21 30 calendar days after receipt of such list. If they cannot mutually agree upon one of the listed liste d arbitrators, the parties shall flip a coin to determine which party shall be the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitrator. The Federal Mediation and Conciliation Service will be requested to select an arbitrator if either party refuses to participate in the process. 14.04 11.04 Contact with the arbitrator shall not take place without participation or reasonable opportunity to participate by the Employer and the Union during the duration of the dispute. 11.05 If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 11.06 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union. 14.06 11.07 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweekworkweek . The grievant, Union representative, and employees called as witnesses Employee participants shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 11.08 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 11.09 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 11.10 The arbitrator shall not have the power to add to, subtract from, or disregard any provision of this Agreement. 14.10 11.11 The arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 11.12 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearing. The parties may mutually agree to present grievability/arbitrability issues to the arbitrator by written briefs prior to a scheduled hearing on the merits of the case. 14.12 11.13 The arbitrator's decision shall be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority Autho rity (FLRA) that results in a decision impacting on the arbitrator's decision. 14.13 11.14 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.

Arbitration of Grievances. 14.01 a. If the Employer or Union foregoing steps fail to settle any grievance processed under resolve the negotiated grievance proceduregrievance, the Union may elect to take the grievance may be submitted to arbitration. The Union must present the Administrator with written notice of intention to take the grievance to arbitration by either party within 21 calendar days after receipt of a final grievance decision. 14.02 Within 7 thirty (30) calendar days of the request for arbitrationAdministrator's written response at the First Step or the recommendation of the mediator at the Second Step. If the Union fails to notify the Administrator within thirty (30) calendar days, the grieving Administrator's written response shall be final. b. Within fourteen (14) calendar days of the Administrator's receipt of the notice of intent to arbitrate, the parties shall meet to select a mutually agreeable arbitrator. In the event the parties are unable to agree upon an arbitrator, or if the Agency fails to meet with the Union within the fourteen (14) calendar days after the Union requests such a meeting in writing and where there is no extension of time, the parties shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall meet to select an arbitrator within fourteen (14) calendar days of receipt of the list. Each party shall have the right to reject one list only, in which case another list shall be requested. A coin toss shall determine which party shall strike the first name. The parties shall alternately strike names and the name remaining after each party has struck three (3) names shall be the person designated as the arbitrator. Unless the Agency and the Union had previously agreed to an extension of time, and in cases where the Union fails to meet with the Agency within the fourteen (14) calendar days as specified above in order to mutually select an arbitrator, the grievance shall be decided by the Administrator's written response at Step 2 and the grievance shall be considered final. Upon receipt by the Agency of a timely written request from the Union to meet in accordance with Section 6.03.F.2.b., the Agency shall meet with the Union within fourteen (14) calendar days or agree to an extension of time. c. If the parties are able to agree upon an arbitrator, s/he shall be notified of the intent to arbitrate. If the arbitrator agrees to hear the grievance, the parties shall be prepared to present their cases to the arbitrator within sixty (60) calendar days of the arbitrator's acceptance of selection. If the arbitrator is unable to set a hearing date within this sixty (60) day period, the parties shall request the Federal Mediation and Conciliation Service to provide furnish a new list of seven impartial persons qualified to act as (7) arbitrators. This request A new arbitrator shall be made through selected in accordance with Section 6.03.F.2.b. Should a list be required and had a list been furnished by the Labor Relations Officer. 14.03 The parties shall meet within 21 calendar days after receipt of such list. If they cannot mutually agree upon one of the listed arbitratorsFederal Mediation and Conciliation Service, the parties shall flip a coin to determine which party shall be the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitrator. The Federal Mediation and Conciliation Service will be requested to select an arbitrator if either party refuses from the list within fourteen (14) calendar days of receipt of the list in accordance with subsection F.2.b. above. If the Union fails to participate meet with the Agency within the fourteen (14) calendar days as specified above in order to mutually select an arbitrator, the processgrievance shall be decided by the Administrator's written response at Step 1 and the grievance shall be considered final unless the Agency and the Union had previously agreed to an extension of time. Upon receipt by the Agency of a timely written request from the Union to meet in accordance with Section 6.03.F.2.c, the Agency shall meet with the Union within fourteen (14) calendar days or agree to an extension of time. 14.04 If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union. 14.06 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweek. The grievant, Union representative, and employees called as witnesses shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 d. The arbitrator shall not have consider and decide the power grievance. The parties may agree to add to, subtract from, or disregard any provision of this Agreement. 14.10 The refer more than one grievance to the same arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearing. The power and authority of the arbitrator shall be limited to the question presented to her/him and s/he will have no power to alter, modify, amend, add to or detract from any terms of this agreement. The arbitrator shall have the authority to award back pay for any loss of earnings, to revoke or reduce any form of discipline including discharge. The arbitrator shall only have power to make an award concerning the act or omission giving rise to the grievance if such occurred during the terms of the agreement. e. All parties may mutually shall have the right to be independently represented at the arbitration proceedings, including the right to be represented by counsel, to call witnesses and to request the production of documents, to cross examine witnesses, to make oral argument, to submit written brief, and to otherwise participate fully in the arbitration proceedings. Each party, shall bear its own costs, not including arbitrator's fees, of such independent representation. f. Unless the Agency and the Union had previously agreed to an extension of time, and in cases where the Union fails to proceed to hearing within sixty (60) calendar days of the date of acceptance by the arbitrator to hear the grievance, the grievance shall be decided by the Administrator's written response at Step 1 and the grievance shall be considered final. This provision is intended to prevent dilatory conduct and does not prevent a matter from proceeding to a hearing more than sixty (60) calendar days after acceptance by the arbitrator to hear the grievance when the reason for the delay is not within either party’s control. g. In the event of an extension of time, the Agency and the Union agree to present grievabilitytoll the time in arbitration cases which involve the potential for back pay and/or benefit awards. For the purposes of this article, the time will be tolled from the date of the agreement for extension of time as it relates to arbitration cases until the date of the implementation of the arbitrator's final decision. h. The arbitrator shall render her/arbitrability issues his decision in writing to the parties within thirty (30) calendar days of the close of the hearing, or, if briefs are filed, within thirty (30) calendar days of the filing of said briefs, unless the parties agree to an extension of time. i. The decision of the arbitrator shall be final and binding upon the parties. No appeal may be taken by either side unless there is good reason to believe that the arbitrator has exceeded his/her authority. Prior to filing an appeal, the parties agree to meet with the arbitrator to discuss that portion of the award/decision which is in dispute in an attempt to mutually resolve the differences. j. The arbitrator's fee shall be borne equally by the Agency and the Union. If a party requests a court reporter, said party shall bear the cost. If a party requests a copy of the transcript, said party shall provide a copy of the transcript to the arbitrator by written briefs prior and the other party. Either party may have the right to a scheduled hearing on tape record the merits of the caseproceedings. 14.12 The arbitrator's decision shall be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decision. 14.13 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.

Arbitration of Grievances. 14.01 11.01 If the Employer or Union fail to settle any grievance processed under the negotiated grievance procedure, the grievance may be submitted to arbitration by either party within 21 30 calendar days after receipt of a final grievance decision. 14.02 11.02 Within 7 calendar days of the request for arbitration, the grieving party shall request the Federal Mediation and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. This request shall be made through the Labor Relations Officer. 14.03 11.03 The parties shall meet within 21 30 calendar days after receipt of such list. If they cannot mutually agree upon one of the listed arbitrators, the parties shall flip a coin to determine which party shall be the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitrator. The Federal Mediation and Conciliation Service will be requested to select an arbitrator if either party refuses to participate in the process. 14.04 11.04 Contact with the arbitrator shall not take place without participation or reasonable opportunity to participate by the Employer and the Union during the duration of the dispute. 11.05 If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 11.06 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union. 14.06 11.07 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweek. The grievant, Union representative, and employees called as witnesses Employee participants shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 11.08 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 11.09 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 11.10 The arbitrator shall not have the power to add to, subtract from, or disregard any provision of this Agreement. 14.10 11.11 The arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 11.12 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearing. The parties may mutually agree to present grievability/arbitrability issues to the arbitrator by written briefs prior to a scheduled hearing on the merits of the case. 14.12 11.13 The arbitrator's decision shall be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decision. 14.13 11.14 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.

Arbitration of Grievances. 14.01 If 11.1 When either party requests that a grievance be submitted to arbitration they shall make such request in writing addressed to the Employer or Union fail to settle any grievance processed under other party in this agreement, and at the negotiated grievance proceduresame time nominate an arbitrator. Within five (5) days thereafter, the grievance other party shall nominate an arbitrator. The two arbitrators so nominated shall attempt to select by agreement a Chairman of an Arbitration Board. If they are unable to agree upon such Chairman they shall then request the Ministry of Labour for the Province of Ontario to assist them in selecting an impartial Chairman, within a thirty (30) day period. 11.2 No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 11.3 Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. 11.4 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement. 11.5 No matter may be submitted to arbitration by either party within 21 calendar days after receipt which has not been properly carried through all previous steps of a final the grievance decisionprocedure. 14.02 Within 7 calendar days 11.6 At any stage of the request for grievance procedure including arbitration, the grieving party shall request conferring parties may have the Federal Mediation assistance of the employee or employees concerned and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. This request shall any necessary witnesses, and all reasonable arrangements will be made through to permit the Labor Relations Officerconferring parties to fully investigate all the circumstances. 14.03 11.7 The parties shall meet within 21 calendar days after receipt of such list. If they cannot mutually Parties may agree upon one by mutual consent to use a Mediator at any point of the listed arbitrators, the parties shall flip a coin to determine which party shall be the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitratorGrievance and/or Arbitration procedure. The Federal Mediation and Conciliation Service Mediator will be requested to select an arbitrator chosen by mutual agreement. The cost of the Mediator, if either party refuses to participate in the processany, will be jointly borne. 14.04 If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union. 14.06 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweek. The grievant, Union representative, and employees called as witnesses shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 The arbitrator shall not have the power to add to, subtract from, or disregard any provision of this Agreement. 14.10 The arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearing. 11.8 The parties may mutually agree to present grievability/arbitrability issues to that a single Arbitrator shall be appointed in place of a Board of Arbitrators. In the arbitrator by written briefs prior to event that the parties agree on a scheduled hearing on single Arbitrator, the merits Arbitrator shall have the same powers as a Board of Arbitrators under this Collective Agreement. The cost of the caseArbitrator will be jointly borne. 14.12 The arbitrator's decision shall 11.9 All days referred to through Article 10 to 14 are to be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decisionconstrued as calendar days excluding weekends and Holidays. 14.13 Any dispute over the interpretation or application 11.10 Extension of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.time limits:

Arbitration of Grievances. 14.01 If When either party requests that a grievance be submitted to arbitration they shall make such request in writing addressed to the Employer or Union fail to settle any grievance processed under other party in this agreement, and at the negotiated grievance proceduresame time nominate an arbitrator. Within five (5) days thereafter, the grievance other party shall nominate an arbitrator. The two arbitrators so nominated shall attempt to select by agreement a Chairman of an Arbitration Board. If they are unable to agree upon such Chairman they shall then request the Ministry of Labour for the Province of Ontario to assist them in selecting an impartial Chairman, within a thirty (30) day period. No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement. No matter may be submitted to arbitration by either party within 21 calendar days after receipt of a final grievance decision. 14.02 Within 7 calendar days which has not been properly carried through all previous steps of the request for grievance procedure. At any stage of the grievance procedure including arbitration, the grieving party shall request parties may have the Federal Mediation and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. This request shall be made through the Labor Relations Officer. 14.03 The parties shall meet within 21 calendar days after receipt of such list. If they cannot mutually agree upon one assistance of the listed arbitratorsemployee or employees concerned and any necessary witnesses, and all reasonable arrangements will be to permit the conferring parties shall flip a coin to determine which party shall be fully investigate all the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitratorcircumstances. The Federal Mediation and Conciliation Service Parties agree by mutual consent to use a Mediator at any point of the Grievance and/or Arbitration procedure. The Mediator will be requested to select an arbitrator if either party refuses to participate in the process. 14.04 If the parties fail to agree on a joint submission chosen by mutual agreement. The cost of the issue(s) for arbitrationMediator, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union. 14.06 The arbitration hearing if any, will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweek. The grievant, Union representative, and employees called as witnesses shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 The arbitrator shall not have the power to add to, subtract from, or disregard any provision of this Agreement. 14.10 The arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearingjointly borne. The parties may mutually agree to present grievability/arbitrability issues to that a single Arbitrator shall be appointed in place of a Board of Arbitrators. In the arbitrator by written briefs prior to event that the parties agree on a scheduled hearing on single Arbitrator, the merits Arbitrator shall have the same powers as a Board of Arbitrators under this Collective Agreement. The cost of the case. 14.12 Arbitrator will be jointly borne. All days referred to through Article to are to be construed as calendar days excluding weekends and Holidays. Extension time limits : The arbitrator's decision parties extend any time limits by mutual consent, the request of such extension and the answer shall be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decisionwriting. Such request shall not be unreasonably denied. 14.13 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.

Arbitration of Grievances. 14.01 If 11.1 When either party requests that a grievance be submitted to arbitration they shall make such request in writing addressed to the Employer or Union fail to settle any grievance processed under other party in this agreement, and at the negotiated grievance proceduresame time nominate an arbitrator. Within five (5) days thereafter, the grievance other party shall nominate an arbitrator. The two arbitrators so nominated shall attempt to select by agreement a Chairman of an Arbitration Board. If they are unable to agree upon such Chairman they shall then request the Ministry of Labour for the Province of Ontario to assist them in selecting an impartial Chairman, within a thirty (30) day period. 11.2 No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 11.3 Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. 11.4 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement. 11.5 No matter may be submitted to arbitration by either party within 21 calendar days after receipt which has not been properly carried through all previous steps of a final the grievance decisionprocedure. 14.02 Within 7 calendar days 11.6 At any stage of the request for grievance procedure including arbitration, the grieving party shall request conferring parties may have the Federal Mediation assistance of the employee or employees concerned and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. This request shall any necessary witnesses, and all reasonable arrangements will be made through to permit the Labor Relations Officerconferring parties to fully investigate all the circumstances. 14.03 11.7 The parties shall meet within 21 calendar days after receipt of such list. If they cannot mutually Parties may agree upon one by mutual consent to use a Mediator at any point of the listed arbitrators, the parties shall flip a coin to determine which party shall be the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitratorGrievance and/or Arbitration procedure. The Federal Mediation and Conciliation Service Mediator will be requested to select an arbitrator chosen by mutual agreement. The cost of the Mediator, if either party refuses to participate in the processany, will be jointly borne. 14.04 If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted. 14.05 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union. 14.06 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweek. The grievant, Union representative, and employees called as witnesses shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union. 14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved. 14.08 Any party desiring a verbatim transcript of the proceedings will bear the cost of such transcript. Should both parties desire a transcript, the cost shall be borne equally. 14.09 The arbitrator shall not have the power to add to, subtract from, or disregard any provision of this Agreement. 14.10 The arbitrator will be requested to render a decision as quickly as possible but not later than 30 calendar days after the conclusion of the hearing. 14.11 When an issue of grievability/arbitrability is part of the issue to be heard by the arbitrator, both issues will be heard at the same hearing. 11.8 The parties may mutually agree to present grievability/arbitrability issues to that a single Arbitrator shall be appointed in place of a Board of Arbitrators. In the arbitrator by written briefs prior to event that the parties agree on a scheduled hearing on single Arbitrator, the merits Arbitrator shall have the same powers as a Board of Arbitrators under this Collective Agreement. The cost of the caseArbitrator will be jointly borne. 14.12 The arbitrator's decision shall 11.9 All days referred to through Article 10 to 14 are to be binding on the parties absent a filing of an exception to the Federal Labor Relations Authority (FLRA) that results in a decision impacting on the arbitrator's decisionconstrued as calendar days excluding weekends and Holidays. 14.13 Any dispute over the interpretation or application of an arbitrator's decision shall be returned to the arbitrator for settlement, including remanded awards.