Authority and Decisions of the Arbitrator. A. The Agency and Union agree that the jurisdiction and authority of the arbitrator will be confined exclusively to the grievance on record.
Authority and Decisions of the Arbitrator. The Agency and Union agree that the jurisdiction and authority of the arbitrator will be confined exclusively to the grievance as stated on the record. The arbitrator will have the authority to make all arbitrability determinations, including, but not limited to, timeliness issues. When either party claims a grievance is not arbitrable, a separate arbitration proceeding will be held to determine the arbitrability issues before evidence pertaining to the merits of the case can be presented. If the arbitrator determines the grievance is arbitrable, a hearing on the merits will be scheduled and the Agency will pay the full fees and expenses the arbitrator incurred for the arbitrability proceeding. However, the Parties will each pay ½ of the arbitrator's fees and expenses associated with the subsequent hearing on the merits of the case. If the grievance is found non-arbitrable, the requesting party will pay 100% of the arbitrators fees and expenses, for the arbitrability proceedings and there will be no hearing on the merits of the case. The arbitrator may not issue a decision that is inconsistent with the terms of this Agreement or any applicable law, rule, or regulation. The arbitrator will be asked to render a decision within 30 days of the date of submission of post-hearing briefs unless otherwise agreed to by the Parties. Arbitration awards will be implemented within 30 days of receipt of the arbitrator's decision or as the arbitrator directs, unless either party has filed an appeal.
