Common use of Method of Selection of Arbitrator Clause in Contracts

Method of Selection of Arbitrator. Upon receipt of written notice by Administration to arbitrate a grievance, the Association and the Employer will, from a mutually agreed upon panel of 7 arbitrators, select an arbitrator using an alternating strike method. Within sixty (60) days following the execution of this Agreement, the parties shall meet to select a standing panel of seven (7) arbitrators to hear grievances. The arbitrator for grievances shall be selected from the standing panel pursuant to the process set forth above, provided the arbitrator is able to hear the grievance within the time frames set forth in this Agreement. The parties shall utilize the pre-existing arbitrator selection process until the new system is in place. The arbitrator’s decision shall be final and binding on all parties. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement. The arbitrator shall only be authorized to interpret the existing provisions of the Agreement as they may apply to the specific facts at issue in the dispute. The rule for the sequestration of witnesses shall not be invoked except by the specific request of one of the parties with written notice prior to the hearing, or by mutual consent. The arbitrator shall have no authority to award punitive damages or interest, nor shall the arbitrator be authorized to make a back pay award for any period earlier than the beginning of the pay period prior to the pay period in effect in which the grievance was first presented to the Employer at Step 1 of this grievance procedure. Each party shall bear one-half (1/2) of the fee of the arbitrator, the FMCS fee and any other expenses directly incurred by the parties incident to the arbitration hearing, including the cost of a transcript of the proceedings. If either party does not wish to share equally in the cost of the court reporter, that party shall be denied access to the transcript, if paid for by the other party. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of the witnesses called by the other party.