Common use of GRIEVANCE ARBITRATION Clause in Contracts

GRIEVANCE ARBITRATION. 27 A. Final and binding arbitration may be initiated by serving upon the Chief of Police 28 and City Labor Negotiator a notice in writing of an intent to proceed to final and 1 binding arbitration within 30 calendar days of receipt of the Chief’s decision. Said 2 notice shall identify the grievance and the employees involved. 3 B. The parties shall have one hundred twenty (120) calendar days following the 4 receipt of such written notice to agree upon the selection of an arbitrator, If the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Employment Relations Commission to submit a list of five (5) ad hoc 8 arbitrators to both parties. The parties shall, within seven (7) calendar days of the 9 receipt of said list, select the arbitrator by alternately striking names from the list 10 until one name remains. Such person shall then become the arbitrator. Failure to 11 make a request to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period of time shall constitute a settlement of the 13 grievance. 14 C. The arbitrator shall hold hearings at a time convenient to the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of the dispute. Statements of position 18 may be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedure, the arbitrator shall take into account 5 the special statutory responsibilities granted to the Chief of Police under Section

GRIEVANCE ARBITRATION. 27 A. Final and binding arbitration Section 14.1. In the event that a grievance remains unresolved after the completion of Step 3, the grievance may be initiated referred to arbitration by the Union Business Representative serving a written request for arbitration upon the Chief Employer’s Human Resources Director within five (5) working days from the answer in Step 3. It is expressly agreed and understood that no employee or the Union shall have the right to compel the arbitration of Police 28 a grievance without the consent of the other. Service may be made by email dated before 4:30pm CST. Section 14.2. If a grievance is not presented within any of the time limits specified in this Article, it shall be considered waived and City Labor Negotiator a notice in writing of an intent to proceed to the Employer's last answer shall be final and 1 binding arbitration within 30 calendar days of receipt of the Chief’s decision. Said 2 notice shall identify the grievance and the employees involvedbinding. 3 B. The Section 14.3. After either party has so notified the other of its referral of a grievance to arbitration, the parties shall have one hundred twenty will attempt to meet within ten (12010) calendar working days following the 4 receipt of such written notice to agree upon the selection of select an arbitrator, If or to request of the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Iowa Public Employment Relations Commission to submit Board that it furnish a list of five (5) ad hoc 8 arbitrators to both partiesfrom which the parties shall select one (1) arbitrator. The parties shall, Employer and the Union shall meet within seven five (75) calendar working days of the 9 from receipt of said list, select the arbitrator by list and alternately striking strike four (4) names from the list 10 until one submitted list, and the person whose name remains. Such person is left shall then become be the arbitrator. Failure to 11 Provided, however, that the Union and the Employer may mutually agree that the list of proposed arbitrators is unacceptable and thereafter petition PERB for a new list of five (5) arbitrators. The Union shall make a request to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within first strike on the said period of time shall constitute a settlement list. Section 14.4. The fees and expenses of the 13 grievance. 14 C. The arbitrator shall hold hearings at a time convenient to will be shared equally by the parties, with . Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the 15 location arbitration hearing shall be made unless requested by a party. The cost of such hearings alternating between stenographic reporting of the MPA offices hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and the offices non-requesting party should either or both of 16 them desire the City Hall complexsame. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of the dispute. Statements of position 18 may arbitrator's decision will be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within on the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreasesparties. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations Section 14.5. Within thirty (30) days of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedurehearing, the arbitrator shall take into account 5 the special statutory responsibilities granted issue a written report to the Chief of Police under Sectionparties detailing his/her recommendations and award.

GRIEVANCE ARBITRATION. 27 A. Final and binding arbitration may be initiated by serving upon the Chief of Police 28 and City Labor Negotiator employer a notice in writing of an intent to proceed to final and 1 binding arbitration within 30 fifteen (15) calendar days of receipt of the Chief’s decisionthird step answer. Said 2 notice shall identify the grievance and the employees employee(s) involved. 3 B. The Unless the parties shall have one hundred twenty can, within seven (1207) calendar days following the 4 receipt of such written notice to notice, agree upon the selection of an arbitrator, If either party may in writing request the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Employment Relations Commission to submit a list of five (5) ad hoc 8 arbitrators to both parties. The parties parties, by their respective attorneys, shall, within seven (7) calendar days of the 9 receipt of said list, select the arbitrator by alternately striking names from the said list 10 until one name remains. Such person shall then become the arbitrator. Failure to 11 make a request to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period of time shall constitute a settlement of the 13 grievance. 14 C. The arbitrator so selected shall hold hearings a hearing at a time and place convenient to the parties within fifteen (15) calendar days of notification of his/her selection, unless otherwise mutually agreed upon by the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of to the dispute. Statements of position 18 positions may be made by the parties parties, and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally. However, the expenses relating to the calling of witnesses or the obtaining of depositions or any difference over application other similar expense associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. G. For the purpose of a departmental rule or regulation 4 receiving testimony and evidence, the provisions of Section 788.06 and 788.07 of the Wisconsin Statutes shall apply. The arbitration award shall be reduced to writing and shall be subject to Sections 788.08 through and including 788.15 of the Wisconsin Statutes. All other sections and provisions of Chapter 788 are hereby expressly negated and of no force and effect in any arbitration under this grievance and Agreement. H. It is contemplated by the provisions of this Agreement that any arbitration procedure, award shall be issued by the arbitrator within sixty (60) calendar days after the notice of appointment unless the parties to this Agreement shall take into account 5 extend the special statutory responsibilities granted period in writing by mutual consent. I. The arbitrator shall submit in writing his/her award to the Chief of Police under Sectionparties.

GRIEVANCE ARBITRATION. 27 A. Final and binding arbitration Section 16.1. In the event that a grievance remains unresolved after the completion of Step 3, the grievance may be initiated referred to arbitration by the Union Business Representative serving a written request for arbitration upon the Chief Employer’s Human Resources Director within five (5) working days from the answer in Step 3. It is expressly agreed and understood that no employee or the Union shall have the right to compel the arbitration of Police 28 a grievance without the consent of the other. Service may be made by regular U.S. mail based upon the date of the postmark. Section 16.2. If a grievance is not presented within any of the time limits specified in this Article, it shall be considered waived and City Labor Negotiator a notice in writing of an intent to proceed to the Employer's last answer shall be final and 1 binding arbitration within 30 calendar days of receipt of the Chief’s decision. Said 2 notice shall identify the grievance and the employees involvedbinding. 3 B. The Section 16.3. After either party has so notified the other of its referral of a grievance to arbitration, the parties shall have one hundred twenty will attempt to meet within ten (12010) calendar working days following the 4 receipt of such written notice to agree upon the selection of select an arbitrator, If or to request of the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Iowa Public Employment Relations Commission to submit Board that it furnish a list of five (5) ad hoc 8 arbitrators to both partiesfrom which the parties shall select one (1) arbitrator. The parties shall, Employer and the Union shall meet within seven five (75) calendar working days of the 9 from receipt of said list, select the arbitrator by list and alternately striking strike four (4) names from the list 10 until one submitted list, and the person whose name remains. Such person is left shall then become be the arbitrator. Failure to 11 make Provided, however, that the Union and the Employer may mutually agree that the list of proposed arbitrators is unacceptable and thereafter petition PERB for a request to new list of five (5) arbitrators. The party making the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period of time first strike shall constitute be determined by a settlement coin flip. Section 16.4. The fees and expenses of the 13 grievance. 14 C. The arbitrator shall hold hearings at a time convenient to will be shared equally by the parties, with . Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the 15 location arbitration hearing shall be made unless requested by a party. The cost of such hearings alternating between stenographic reporting of the MPA offices hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and the offices non-requesting party should either or both of 16 them desire the City Hall complexsame. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of the dispute. Statements of position 18 may arbitrator's decision will be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within on the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreasesparties. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations Section 16.5. Within thirty (30) days of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedurehearing, the arbitrator shall take into account 5 the special statutory responsibilities granted issue a written report to the Chief of Police under Sectionparties detailing his/her recommendations and award.

GRIEVANCE ARBITRATION. 27 A. Final and binding Either party may request arbitration may be initiated by serving upon of an unsettled grievance. The party desiring arbitration must notify the Chief of Police 28 and City Labor Negotiator a notice other party in writing of an intent such desire within twenty (20) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to proceed serve said written notice of desire to final and 1 binding arbitration arbitrate within 30 calendar twenty (20) working days of the date of the written decision handed down under the last step of the grievance procedure provided for this Agreement, the grievance shall be considered as settled on the basis of the written disposition made in the last step of the grievance procedure. B. After receipt of a notice of a desire to arbitrate, the Chief’s decision. Said 2 notice shall identify the grievance Township and the employees involvedP.B.A. shall attempt to agree on an arbitrator. If the Township and the P.B.A. are unable to so agree within seven (7) working days, or within a longer period if mutually agreed upon, the grieving party may submit the matter to the Public Employment Relations Commission requesting that an impartial arbitrator be selected in accordance with their rules and regulations. 3 B. The parties C. Only the Township or the P.B.A. shall have the right to submit a grievance to arbitration. D. Unless otherwise agreed to by the parties, only one hundred twenty (1201) calendar days following issue will be submitted to the 4 receipt of such arbitrator in each case. A. Any grievance submitted for arbitration shall first be reduced to a written notice to agree upon "Submission Agreement" detailing the selection of an arbitrator, dispute at issue. If the 5 parties Township and the P.B.A. cannot agree upon an arbitrator within the allotted timeframeSubmission, each party, at least two (2) days in advance of the hearing, shall submit to the other a statement of the issues it considers in dispute. B. The joint "Submission Agreement" shall be signed by the Township, the 6 Association shallP.B.A. and all aggrieved Employee(s), if any. In the event separate statements of the issues are submitted, the Township shall sign its copy and the P.B.A. and the aggrieved Employee(s), if any, shall sign the P.B.A.'s statement of issue. A. The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. B. The decision of the arbitrator shall be final and binding on both parties. C. The cost for the services of the arbitrator shall be borne equally between the Township and the P.B.A. Any other expense shall be paid by the party incurring same. D. It shall be the obligation of the arbitrator to the Township and to the P.B.A. to make his best effort to rule on cases heard by him within thirty (30) calendar daysdays after the hearing. SECTION 4. Arbitration hearings and conferences shall be held at the municipal building. Provided prior permission has been secured from the Chief, requesta representative from the P.B.A. whose presence is required to resolve arbitrations shall be released from work without loss of regular straight-time pay for the purpose of participating in such an arbitration hearing, in writingand further provided that there shall be no interference with the operation of the Township. In addition, witnesses who are reasonably required for the 7 Wisconsin Employment Relations Commission to submit a list purposes of five (5) ad hoc 8 arbitrators to both parties. The parties appearing at an arbitration hearing shall, within seven (7) calendar days of the 9 receipt of said list, select the arbitrator by alternately striking names if prior permission is secured from the list 10 until one name remains. Such person shall then become the arbitrator. Failure to 11 make a request to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period Chief, be made available during working hours, if necessary, without loss of regular straight-time shall constitute a settlement of the 13 grievance. 14 C. The arbitrator shall hold hearings at a time convenient to the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate pay for the disposition purpose of the dispute. Statements of position 18 may be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the disputeappearing at arbitration hearings. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedure, the arbitrator shall take into account 5 the special statutory responsibilities granted to the Chief of Police under Section

GRIEVANCE ARBITRATION. 27 A. Final and binding arbitration may 8.01 Arbitration proceedings shall be initiated by serving upon the Chief of Police 28 and City Labor Negotiator a notice in writing of an intent to proceed to final and 1 binding arbitration commenced within 30 calendar days of receipt of the Chief’s decision. Said 2 notice shall identify the grievance and the employees involved. 3 B. The parties shall have one hundred twenty fourteen (12014) calendar days following after notice of intention to arbitrate is given. A single Arbitrator shall be selected. The Employer and the 4 receipt of such written notice Union shall jointly agree upon said Arbitrator within the said fourteen (14) calendar days. In the event that the parties are unable to agree upon the selection appointment of an arbitratorarbitrator by the end of such fourteen (14) calendar days, If then the 5 parties cannot agree Minister of Labour for the Province of Nova Scotia may make such appointment upon an arbitrator the request of either party. 8.02 No person shall be appointed Arbitrator who: 8.02.1 Is acting or has within the allotted timeframeperiod of six (6) months prior to the date of his/her appointment, is acting or has acted in the 6 Association shallcapacity of solicitor, legal advisor, counsel or paid agent of either of the parties; or 8.02.2 Has any pecuniary interest in the matters referred to him/her. 8.03 The decision of the Arbitrator shall be final and binding, provided that the Arbitrator shall have the power to modify or set aside any penalty imposed by the Employer relating to any disciplinary measures imposed on any employee covered by this Agreement, but the Arbitrator shall not have the power to add to, alter, modify, or amend this Agreement. 8.04 Should the parties disagree as to the meaning of the Arbitrator’s decision, either party may apply in writing to the Arbitrator for a clarification of his/her decision within thirty (30) calendar days, request, in writing, the 7 Wisconsin Employment Relations Commission to submit a list of five (5) ad hoc 8 arbitrators to both parties. The parties shall, within seven (7) calendar days of the 9 receipt of said list, select the arbitrator by alternately striking names from the list 10 until one name remainshis/her decision. Such person clarification by the Arbitrator shall then become not involve the arbitratorpresentation or consideration of evidence or hearing of argument from either party. 8.05 The expenses and remuneration of the Arbitrator shall be jointly and equally borne by the Employer and the Union. Failure In the event one of the parties involved in the arbitration appeals the decision of the Judge/Arbitrator, the party which appeals the decision shall bear full cost, including all reasonable legal fees, of the appeal for both parties if the appeal is not successful. 8.06 At any Step of the grievance procedure or at the arbitration hearing, the parties shall have the assistance of the employee(s) concerned as witnesses and any other witnesses and all reasonable arrangements shall be made to 11 make a request permit the conferring parties or the Arbitrator to have access to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within Employer’s premises to view any working condition(s) which may be relevant to the said period of time shall constitute a settlement of the 13 grievance. 14 C. The 8.07 Prior to selecting an arbitrator shall hold hearings at a time convenient to the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of the dispute. Statements of position 18 may be made by the parties and witnesses may will request that a written decision be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the disputeprovided within six (6) months. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedure, the arbitrator shall take into account 5 the special statutory responsibilities granted to the Chief of Police under Section

GRIEVANCE ARBITRATION. 27 A. Final and binding arbitration may be initiated by serving upon 10.01 Where a grievance which has not been resolved through the Chief grievance procedure is referred to arbitration, the following shall apply: a) The party referring the grievance shall give written notice of Police 28 and City Labor Negotiator a notice in writing of an its intent to proceed refer the matter to final and 1 binding arbitration within 30 calendar days of receipt of to the Chief’s decision. Said 2 notice shall identify the grievance and the employees involved. 3 B. The parties shall have one hundred twenty other party no later than fourteen (12014) calendar days following the 4 receipt Step 2 decision in the grievance procedure (or no later than fourteen (14) days following the date that the Step 2 decision was due), and shall provide the name of a proposed arbitrator or arbitrators. Within fourteen (14) days after receiving such written notice notice, the other party shall respond by agreeing to agree upon the selection of an arbitrator, or proposing an alternative arbitrator or arbitrators. b) If no agreement on an arbitrator is reached within the 5 parties cannot agree upon fourteen (14) days referred to above, then either party may apply to the Ministry of Labour, Office of Arbitration for the appointment of an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Employment Relations Commission to submit a list of five (5) ad hoc 8 arbitrators to both parties. The parties shall, within further seven (7) calendar days days. 10.02 Each party shall bear the expenses of its participants and witnesses and for the preparation and presentation of its own case. The fees and expenses of the 9 receipt of said list, select arbitrator and the arbitrator by alternately striking names from the list 10 until one name remains. Such person shall then become the arbitrator. Failure to 11 make a request hearing room and any other expenses incidental to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within arbitration hearing shall be shared equally by the said period of time shall constitute a settlement of the 13 grievanceparties. 14 C. The arbitrator shall hold hearings at a time convenient to the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of the dispute. Statements of position 18 may be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed herein. 10.03 The arbitrator shall have no authority to grant wage increases add to, subtract from, modify, change, alter or 26 wage decreasesignore in anyway, the provisions of this Agreement or to extend its duration, unless the parties have agreed, in writing, to give the arbitrator specific authority to do so, or to make an award which has this effect. 27 E. 10.04 The parties agree that the steps, time limits and conditions specified in Articles 9 and 10 shall be binding upon the parties unless an extension of such time limits has been mutually agreed to in writing. The parties agree that section 48(16) of the Labour Relations Act, 1995 does not apply to this Agreement. Therefore, an arbitrator shall expressly confine himself/herself to or arbitration board may not extend the precise issues 28 submitted time for arbitration and shall have no authority to determine the taking of any other issue 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential step in reaching the determinationgrievance procedure under this Agreement. 3 F. In reviewing any difference over application of a departmental rule 10.05 Employees who are summoned or regulation 4 under this grievance subpoenaed and whose attendance is required at arbitration procedurehearings shall receive permission to be absent from work without pay, the arbitrator shall take into account 5 the special statutory responsibilities granted to the Chief of Police under Sectionprovided notice is received at least fourteen (14) days in advance for scheduling purposes.

GRIEVANCE ARBITRATION. 27 A. Final and binding If a settlement has not been reached after Step 2 or the use of Step 3 above the SPFPA state-wide representative may initiate the appeal for arbitration may be initiated by serving upon the Chief of Police 28 and City OOC Labor Negotiator Relations Department representative a notice in writing of an the intent to proceed to final and 1 binding arbitration within 30 calendar fifteen (15) working days of receipt of after the Chief’s decisionresponse from Step 2 or 3, as applicable. Said 2 notice shall identify the grievance provisions of the Agreement, the university, the employee involved, and a copy of the employees involved. 3 B. original grievance. The arbitrator is to be selected by the parties shall have one hundred twenty (120) calendar jointly within seven working days following after the 4 receipt of such written notice has been given. If the parties fail to agree upon the selection of on an arbitrator, If either party may request the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Employment Relations Commission Bureau of Mediation to submit a list of five (5) ad hoc 8 arbitrators to both partiesseven possible arbitrators. The parties shall, within seven fifteen (715) calendar days of the 9 receipt of said list, select meet for the purpose of selecting the arbitrator by alternately striking names one (1) name from the list 10 until one (1) name remains. Such person OOC Labor Relations Department representative shall then become strike the arbitratorfirst name. Failure to 11 make a request to Each case shall be considered on its merits and the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period of time collective bargaining agreement shall constitute a settlement of the 13 grievance. 14 C. The arbitrator basis upon which the decision shall hold hearings at a time convenient to the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complexbe rendered. The arbitrator decision at Steps 1 and 2 shall take such evidence not be used as in his/her 17 judgment is appropriate a precedent for the disposition of the disputeany subsequent case. Statements of position 18 may be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract subtract from, nor modify the language provisions of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed hereinthis Agreement. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 issue submitted for arbitration and shall have no authority to determine any other issue 1 issues not so submitted to him/her or to submit observations or declarations submitted. The decision of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedure, the arbitrator shall take into account 5 be final and binding on both parties, except where the special statutory responsibilities granted decision would require an enactment of legislation, in which case it shall be binding only if such legislation is enacted. The arbitrator shall be requested to issue the Chief decision within thirty (30) days after the hearing or receipt of Police under Sectionthe transcript of the hearing. All of the time limits contained in this Section may be extended by mutual agreement. The granting of any extension at any step shall not be deemed to establish precedence.

GRIEVANCE ARBITRATION. 27 A. Final and binding arbitration may be initiated by serving upon the Chief of Police 28 and City Labor Negotiator employer a notice in writing of an intent to proceed to final and 1 binding arbitration within 30 calendar days of receipt of the Chief’s decisionthird step answer. Said 2 notice shall identify the grievance and the employees involved. 3 B. The Unless the parties shall have one hundred twenty can, within seven (1207) calendar days following the 4 receipt of such written notice to notice, agree upon the selection of an arbitrator, If either party may in writing request the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within thirty (30) calendar days, request, in writing, the 7 Wisconsin Employment Relations Commission to submit a list of five (5) ad hoc 8 arbitrators to both parties. The parties shallparties, shall within seven (7) calendar days of the 9 receipt of said the list, select the arbitrator by alternately striking names from the list 10 until one name remains. Such person shall then become the arbitrator. Failure to 11 make a request to the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period of time shall constitute a settlement of the 13 grievance. 14 C. The arbitrator so selected shall hold hearings a hearing at a time and place convenient to the parties within fifteen (15) calendar days of notification of his/her selection, unless otherwise mutually agreed upon by the parties, with the 15 location of such hearings alternating between the MPA offices and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of to the dispute. Statements of position 18 positions may be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police DepartmentFire Chief, the Chief 20 of Police or his or her designated representative shall be permitted to participate in the 21 proceeding and to state the Department's Chief' s position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed herein. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedure, procedure the arbitrator shall take into account 5 the special statutory responsibilities granted to the Fire Chief under Section 62.50, Wisconsin Statutes, and amendments thereto. The arbitrator, shall not impair the ability of Police the Fire Chief to operate the department in accordance with the statutory responsibilities under SectionSection 62.50, Wisconsin Statutes, and amendments thereto, nor shall he/she impair the authority of the Fire Chief to maintain, establish and modify rules and regulations for the operation of the Fire Department, provided such rules and regulations are not in violation of the specific provisions of this Agreement. In addition, the arbitrator shall not prohibit the Fire Chief from executing departmental rules and regulations in a fair and equitable manner. G. All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally. However, the expenses relating to the calling of witnesses or the obtaining of depositions or any other similar expense associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. H. For the purposes of receiving testimony and evidence, the provisions of Section 788.06 and 788.07 of the Wisconsin Statutes shall apply. The arbitration award shall be reduced to writing and shall be subject to Sections 788.08 through and including 788.15 of the Wisconsin Statutes. All other sections and provisions of Chapter 788 are hereby expressly negotiated and of no force and effect in any arbitration under this Agreement. I. It is contemplated by the provisions of this Agreement that any arbitration award shall be issued by the arbitrator within sixty (60) calendar days after the notice of appointment unless the parties to this Agreement shall extend the period in writing by mutual consent. J. The arbitrator shall submit in writing his/her award to the parties.

GRIEVANCE ARBITRATION. In the event the grievant is unsatisfied with the disposition of the 23 grievance at the conclusion of Step Two, said grievant may refer the matter to arbitration as provided below. 24 25 If the grievant is unsatisfied with the disposition in Step Two of the grievance procedure, said grievant may, 26 within fourteen (14) days, and with the consent of the Association, submit the matter to arbitration. Notice 27 A. Final and binding arbitration of intent to arbitrate shall first be provided to the District in writing. 28 29 Any grievance relating to interpretation or application of the specific provision(s) of the Agreement may be initiated 30 submitted to arbitration unless excluded by serving upon other provisions of the Chief Agreement or this Article. 31 32 To effectuate arbitration, the Association shall request, within fourteen (14) days, a list of Police 28 and City Labor Negotiator a notice in writing of an intent to proceed to final and 1 binding arbitration within 30 calendar days of seven (7) 33 arbitrators from the American Arbitration Association. Upon receipt of the Chief’s decision. Said 2 notice shall identify list of arbitrators, 34 representatives of the grievance District and the employees involved. 3 B. The parties shall have one hundred twenty (120) calendar days following the 4 receipt of such written notice to agree upon the selection of an arbitrator, If the 5 parties cannot agree upon an arbitrator within the allotted timeframe, the 6 Association shall, within fourteen (14) days, meet to select an 35 arbitrator from said list. The selection shall be made by alternately removing one name at a time from the 36 list. The two parties shall decide on order of first removal by the flip of a coin. The remaining name, after 37 each party has eliminated three, shall be the arbitrator. 38 39 The scope of the arbitrator's authority shall be limited to grievances arising from specific provisions of the 40 Agreement, and the arbitrator shall be without authority to add to, subtract from, or alter any of the terms of 41 this Agreement. The arbitrator shall be without power or authority to make any decision which requires the 42 commission of an act prohibited by law. 43 44 The arbitrator shall render a decision within thirty (30) calendar days, request, in writing, days following the 7 Wisconsin Employment Relations Commission to submit a list conclusion of five (5) ad hoc 8 arbitrators to both partiesthe 45 arbitration hearing or submission of any post-hearing briefs. The parties shallshall have fourteen (14) days in 46 which to submit such briefs. 47 48 Each party shall bear its own costs of arbitration, within seven (7) calendar days except that the cost of the 9 receipt of said listarbitrator, select court cost (reporter, 49 hearing room, etc.) shall be shared equally by the arbitrator by alternately striking names from District and the list 10 until one name remainsAssociation. Such person 2 The decision and/or award shall then become set forth the arbitrator. Failure to 11 make a request to 's finding of fact, reasoning, and conclusions on the Wisconsin Employment Relations Commission for an ad hoc 12 arbitrator panel within the said period of time shall constitute a settlement of the 13 grievance. 14 C. The arbitrator shall hold hearings at a time convenient to the parties, with the 15 location of such hearings alternating between the MPA offices 3 issues submitted and the offices of 16 the City Hall complex. The arbitrator shall take such evidence as in his/her 17 judgment is appropriate for the disposition of the dispute. Statements of position 18 may be made by the parties and witnesses may be called. In disputes involving 19 application of rules or regulations of the Milwaukee Police Department, the Chief 20 of Police or his or her representative shall be permitted to participate in the 21 proceeding and to state the Department's position on the dispute. 22 D. The arbitrator shall neither add to, detract from, nor modify the language of the 23 Agreement or of the rules and regulations in arriving at a determination of any 24 issue presented that is proper for final and binding arbitration within the limitations 25 expressed hereinon all parties. The arbitrator shall have no authority to grant wage increases or 26 wage decreases. 27 E. The arbitrator shall expressly confine himself/herself to the precise issues 28 submitted for arbitration and shall have no authority to determine any other issue 1 not so submitted to him/her or to submit observations or declarations of opinion 2 which are not directly essential in reaching the determination. 3 F. In reviewing any difference over application of a departmental rule or regulation 4 under this grievance and arbitration procedure, the arbitrator shall take into account 5 the special statutory responsibilities granted to the Chief of Police under Section4