Neutral Arbitration (Rights). Any issue relating to the interpretation, application, operation or alleged violation of the National Agreement or the FFA, which is unable to be resolved by the ERRC will be submitted to the Neutral on an expedited basis. The Neutral shall have complete authority to remedy any violation of the FFA and the National Agreement, and the decision of the Neutral shall be final and binding. The Neutral, however, will have no power to add to, subtract from, or modify any of the terms of the National Agreement or the FFA or to make any decision inconsistent with the provisions thereof. Further, the Neutral will have no power to establish wage rates or schedules unless expressly provided for in either the National Agreement or the FFA. All parties waive their right to challenge the decision of the Neutral in any forum, except where such challenge relates to the Neutral’s jurisdiction. The Neutral Arbitration process represents, when necessary, the final stage of the Concern Resolution Process. (This process is distinct from the final-offer interest arbitration process, which constitutes, when necessary, the final stage in negotiating the National Agreement.) The parties shall jointly designate the Neutral and the Alternate. In the event that the Alternate is designated to serve in any capacity under this National Agreement, he shall have rights and duties identical to those described with respect to the Neutral. In the event any of the individuals identified in the above section resigns, dies, or is otherwise unable to continue to serve, the parties will, by mutual agreement, identify a replacement for such person.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
