Common use of Arbitration Process Clause in Contracts

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA Union to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA FOP shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA FOP representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBAFOP, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA FOP representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), ) above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The , the fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBAFOP, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering altering, or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the powerpowers, duties duties, and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties duties, and responsibilities have been abridged, delegated delegated, or modified by the express expressed provisions of this Agreement. f. The arbitrator’s award may include back pay, pay to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back back-pay period, shall not include punitive damages, and shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association Union is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- five-month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. transcript If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA Union will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. .. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement.. make any decisions that are: e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.,

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA Union to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA FOP shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA FOP representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBAFOP, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA FOP representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), ) above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The , the fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBAFOP, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering altering, or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the powerpowers, duties duties, and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties duties, and responsibilities have been abridged, delegated delegated, or modified by the express expressed provisions of this Agreement. f. The arbitrator’s award may include back pay, pay to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back back-pay period, shall not include punitive damages, and shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association Union is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. transcript If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA Union will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-five- month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- five-month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. .. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(35)(d), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall PBAshall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. .. A party may request reque st of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall sh all be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- five month period described in (c)(35)(d), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior monthsprior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. .. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any determineany other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- five month period described in (c)(35)(d), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA Union to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA FOP shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA FOP representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBAFOP, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts materialfacts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA FOP representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), ) above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The , the fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBAFOP, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering altering, or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the powerpowers, duties duties, and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties duties, and responsibilities have been abridged, delegated delegated, or modified by the express expressed provisions of this Agreement. f. The arbitrator’s award may include back pay, pay to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back back-pay period, shall not include punitive damages, and shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association Union is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. transcript If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA Union will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- five-month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduledscheduled . If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(3), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. .. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- five month period described in (c)(35)(d), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.

Arbitration Process. 1. The arbitrator shall be one person from a panel of at least six arbitrators, selected by the state and the PBA to serve in rotation for any case or cases submitted. The Department of Management Services will contract with panel members chosen by the parties for a term of two years or as otherwise agreed by the parties. The Department and PBA shall review panel membership no less than five months prior to the end of the panel members’ contracts, indicate in writing which members, if any, are not to be continued, and propose new panel members if necessary. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. If the grievant is not represented by the PBA, the Arbitration Coordinator will notify the grievant that a deposit equal to one day of the arbitrator’s fee must be paid to the arbitrator prior to the hearing being scheduled. If the grievant fails to pay the deposit within 30 days after being notified by the Arbitration Coordinator, the Arbitration Coordinator will issue a notice closing the file for failure to pay the required deposit after notice. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. Scheduling shall take into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factorsrelevantfactors. If the parties cannot agree on a location, the arbitration hearing shall be held in the City of Tallahassee. 2. At least 15 days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. 3. The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. The Department of Management Services’ Arbitration Coordinator shall notify the agency representative, the PBA representative, and the arbitrator listed next on the panel in rotation of the filing of the Request for Arbitration. The arbitrator shall notify the parties of his/her availability and schedule the arbitration with the parties, with notice to the Arbitration Coordinator, in accordance with the provisions of the Agreement. If the arbitrator initially selected is not available to schedule within the five months period, the parties may request that the Arbitration Coordinator provide them with the names of succeeding arbitrators on the panel in rotation until an arbitrator is identified who can schedule within the prescribed period. .. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. 4. Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, the party shall notify the arbitrator appointed under (4)(c), above, with notice to the Arbitration Coordinator, within 30 days of the filing of the Request for Arbitration, that it requests an expedited arbitration hearing to be conducted to address only the arbitrability issue. If the appointed arbitrator can meet the requirements of this expedited process (i.e., being available to schedule a hearing within 30 days of being chosen, limiting the hearing to one day, and issuing a decision within 15 days of the hearing) the appointed arbitrator will schedule and conduct the hearing. If the arbitrator cannot schedule on this expedited basis, the Arbitration Coordinator will provide the parties with the name of the next arbitrator in rotation. The hearing may be conducted by telephone upon the agreement of the parties and the arbitrator, or in person if they do not agree to a telephonic hearing. If the hearing is to be in person and the parties cannot agree on a location, the hearing shall be held in the City of Tallahassee. The fees and expenses of the arbitrator shall be borne by the party losing the arbitrability issue. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (4)(c) of this Article to conduct a hearing on the substantive issue(s). 5. The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the PBA, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: a. The arbitrator shall transmit a decision to the parties, with a copy to the Arbitration Coordinator, not later than 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. b. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. c. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. d. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of this Agreement. e. The arbitrator shall be without power or authority to make any decisions that are: i. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. ii. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the express provisions of this Agreement. f. The arbitrator’s award may include back pay, to the grievant(s); however, the following limitations shall apply to such monetary awards: i. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. ii. If the Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five- month period described in (c)(35)(d), above, whichever is later, and the rescheduled date. 6. The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the fees and expenses of its own representatives, attorneys attorneys, and witnesses. The arbitrator shall submit his fee and expense statement to the parties, with a copy to the Arbitration Coordinator for processing in accordance with the provisions of this Article and the arbitrator’s contract. 7. A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter, unless the other party orders a transcript, in which case the appearance fee shall be split between the parties. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript. If the arbitrator orders a copy of the transcript, the arbitrator shall pay for the cost of the copy of the transcript and include the cost in his/her invoice for fees and expenses, to be paid in accordance with (6), above. 8. The PBA will not be responsible for costs of an arbitration to which it was not a party.