Common use of Step 3 - Arbitration Clause in Contracts

Step 3 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's decision shall be final and binding on all parties, subject to the following terms and conditions. The Arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 Each party shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights of the parties as to grievances submitted to arbitration.

Step 3 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in specific to Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee and Labor Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's ’s decision shall be final and binding on all parties, subject to the following terms and conditions. The Arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreementagreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's ’s action and shall not substitute his or her judgment judgement for the Employer's ’s so long as that judgment the judgement was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 Each party shall bear one-half one‐half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights of the parties as to grievances submitted to arbitration.

Step 3 - Arbitration. If the grievance reply issued in Step 2 is not settled on unacceptable, either party may, within ten (10) school days of receiving the basis written reply, apply for arbitration and shall notify the other party in writing. Failure to proceed with notice for arbitration within the specified ten (10) school days period will result in forfeiture of rights to the arbitration procedure. The notice shall contain the name of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing first party’s appointee to arbitration within fourteen (14) calendar days following the receipt an Arbitration Board. The recipient of the written reply from notice shall, within ten (10) school days, inform the Director other party either that it accepts the other party’s appointee as a single Arbitrator or inform the other party of Employee Relations and Employment or designeethe name of its appointee to an Arbitration Board. After notification that Where two (2) appointees are so selected, they shall, within ten (10) school days of the dispute is submitted for arbitrationappointment of the second of them, the Employer and the Union appoint a third person who shall attempt to agree on an arbitratorbe Chair. If the Employer and recipient of the Union notice fails to appoint an Arbitrator or if two appointees fail to agree on an arbitratorupon a Chair within ten (10) school days, the Union appointment shall promptly be made by the Minister of Labour upon the request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Serviceeither party. The parties Arbitration Board shall thereupon alternate in striking hear the grievance and shall issue a name from the panel until one (1) name remainsdecision. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's decision shall be final and binding on all upon the parties, subject to the following terms and conditions. The decision of the majority is the decision of the Arbitration Board, but, if there is not a majority, the decision of the Chair governs. The single Arbitrator or Board of Arbitration shall have no authority to not, by its decision, add to, subtract delete from, modify, or otherwise change or modify amend the provisions of this the Agreement. The single Arbitrator or Board of Arbitration shall have the power to modify penalties, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to including discharge and disciplinary penalties, and make whatever decision it considers just and equitable in the specific facts circumstances. Each of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 Each party parties shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by their nominee, and the other party. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party parties shall be required during jointly bear the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights expenses of the parties as to grievances submitted to arbitrationChair/Sole Arbitrator.

Step 3 - Arbitration. a) If the grievance is not settled on the basis of the foregoing proceduresresolved in Step 2, and if the grievant and desires to pursue the Union have complied with the specific time limitations specified in Steps 1 and 2 hereingrievance, the Union may submit refer the issue in writing grievance to binding arbitration within fourteen twenty- one (1421) calendar days following after the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitrationTownship Administrator’s decision. b) The Union, the Employer Chief and the Union shall attempt to agree on Township Administrator will jointly select an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request arbitrator from a list of seven (7) arbitrators from provided by the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's decision shall be final c) Arbitrators will act in a judicial, not legislative, capacity and binding on all parties, subject to the following terms and conditions. The Arbitrator shall will have no authority right to recommend or amend, modify, nullify, ignore, add to, or subtract from, or otherwise change or modify from the provisions of this Agreement, but shall be authorized . They will only consider and make a decision with respect to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall issues submitted and will have no authority to limit make a decision on any issue not submitted. Additionally, two or more grievances may not be joined or consolidated for hearing except upon agreement of the Employer's action Union, the Chief, and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitrationTownship Administrator. 13.4.2 Each party shall bear one-half (1/2d) In the event the arbitrator finds a violation of the fee terms of this Agreement, they will fashion an appropriate remedy. The arbitrator will submit, in writing, their decision within thirty (30) days following the close of the Arbitrator hearing, unless the parties agree to a written time extension. The arbitrator’s decision will be final and any other expense jointly incurred by mutual consent incident to binding upon the arbitration hearing. All other expenses shall be borne by Union, the party incurring themBoard, the Chief, the grievant, and neither all employees covered by this Agreement. e) The fees and expenses of the arbitrator will be divided equally between the Board and the Union. In all cases, each party shall will be responsible for compensating its own representatives and non-employee witnesses. f) If either party withdraws the expenses of witnesses called grievance after a request for arbitration, that party will be responsible for paying all fees relating to the cancellation including administrative fees, and fees billed by the other partyarbitrator. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during g) The Union and the term employer agree that the imposition of discipline pursuant to this Agreement and the grievance procedure provided herein will begin after any applicable ORC Chapter 505 processes are accorded the employee. h) If either party challenges the propriety of taking a grievance to provide arbitration, it shall notify the other party with any dataof its challenge and intent to raise the issue at the arbitration. At the hearing, documents the first question to be placed before the arbitrator is whether or information in its possession or under its control not the issue is proper for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 belowarbitrament. If necessarythe arbitrator determines the grievance is proper for arbitrament, the Arbitrator shall resolve discovery rights of grievance will be heard on its merits before the parties as to grievances submitted to arbitrationsame arbitrator.

Step 3 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in specific to Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee and Labor Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's ’s decision shall be final and binding on all parties, subject to the following terms and conditions. The Arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreementagreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's ’s action and shall not substitute his or her judgment judgement for the Employer's ’s so long as that judgment the judgement was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 Each party shall bear one-half one‐half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights of the parties as to grievances submitted to arbitration.If

Step 3 - Arbitration. (a) If the grievance is not settled on the basis of the foregoing proceduresresolved in Step 2, and if the grievant and desires to pursue the Union have complied with the specific time limitations specified in Steps 1 and 2 hereingrievance, the Union may submit refer the issue in writing grievance to binding arbitration within fourteen twenty-one (1421) calendar days following after the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitrationTownship Administrator’s decision. (b) The Union, the Employer Chief and the Union shall attempt to agree on Township Administrator will jointly select an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request arbitrator from a list of seven (7) arbitrators from provided by the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's decision shall be final (c) Arbitrators will act in a judicial, not legislative, capacity and binding on all parties, subject to the following terms and conditions. The Arbitrator shall will have no authority right to recommend or amend, modify, nullify, ignore, add to, or subtract from, or otherwise change or modify from the provisions of this Agreement, but shall be authorized . They will only consider and make a decision with respect to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall issues submitted and will have no authority to limit make a decision on any issue not submitted. Additionally, two or more grievances may not be joined or consolidated for hearing except upon agreement of the Employer's action Union, the Chief, and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitrationTownship Administrator. 13.4.2 Each party shall bear one-half (1/2d) In the event the arbitrator finds a violation of the fee terms of this Agreement, they will fashion an appropriate remedy. The arbitrator will submit, in writing, their decision within thirty (30) days following the close of the Arbitrator hearing, unless the parties agree to a written time extension. The arbitrator’s decision will be final and any other expense jointly incurred by mutual consent incident to binding upon the arbitration hearing. All other expenses shall be borne by Union, the party incurring themBoard, the Chief, the grievant, and neither all employees covered by this Agreement. (e) The fees and expenses of the arbitrator will be divided equally between the Board and the Union. In all cases, each party shall will be responsible for compensating its own representatives and non-employee witnesses. (f) If either party withdraws the expenses of witnesses called grievance after a request for arbitration, that party will be responsible for paying all fees relating to the cancellation including administrative fees, and fees billed by the other partyarbitrator. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during (g) The Union and the term employer agree that the imposition of discipline pursuant to this Agreement and the grievance procedure provided herein will supersede the disciplinary statutory requirements of the ORC, including Chapters 505 and 509 and will be the exclusive process and remedy available to provide an employee. (h) If either party challenges the propriety of taking a grievance to arbitration, it shall notify the other party with any dataof its challenge and intent to raise the issue at the arbitration. At the hearing, documents the first question to be placed before the arbitrator is whether or information in its possession or under its control not the issue is proper for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 belowarbitrament. If necessarythe arbitrator determines the grievance is proper for arbitrament, the Arbitrator shall resolve discovery rights of grievance will be heard on its merits before the parties as to grievances submitted to arbitrationsame arbitrator.

Step 3 - Arbitration. If the grievance reply issued in Step 2 is not settled on unacceptable, either party may, within ten (10) school days of receiving the basis written reply, apply for arbitration and shall notify the other party in writing. Failure to proceed with notice for arbitration within the specified ten (10) school day period will result in forfeiture of rights to the arbitration procedure. The notice shall contain the name of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing first party’s appointee to arbitration within fourteen (14) calendar days following the receipt an Arbitration Board. The recipient of the written reply from notice shall, within ten (10) school days, inform the Director other party either that it accepts the other party’s appointee as a single Arbitrator or inform the other party of Employee Relations and Employment or designeethe name of its appointee to an Arbitration Board. After notification that Where two (2) appointees are so selected, they shall, within ten (10) school days of the dispute is submitted for arbitrationappointment of the second of them, the Employer and the Union appoint a third person who shall attempt to agree on an arbitratorbe Chair. If the Employer and recipient of the Union notice fails to appoint an Arbitrator or if two appointees fail to agree on an arbitratorupon a Chair within ten (10) school days, the Union appointment shall promptly be made by the Minister of Labour upon the request of either party. Upon the mutual consent of the Parties, the Board of Arbitration provided herein may be substituted for by a list of seven (7) arbitrators from sole arbitrator appointed by the Federal Mediation and Conciliation ServiceParties. The parties Arbitration Board or sole arbitrator shall thereupon alternate in striking hear the grievance and shall issue a name from the panel until one (1) name remainsdecision. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's decision shall be final and binding on all upon the parties, subject to the following terms and conditions. The decision of the majority is the decision of the Arbitration Board, but, if there is not a majority, the decision of the Chair governs. The single Arbitrator or Board of Arbitration shall have no authority to not, by its decision, add to, subtract delete from, modify, or otherwise change or modify amend the provisions of this the Agreement. The single Arbitrator or Board of Arbitration shall have the power to modify penalties, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to including discharge and disciplinary penalties, and make whatever decision it considers just and equitable in the specific facts circumstances. Each of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 Each party parties shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by their nominee, and the other party. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party parties shall be required during jointly bear the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights expenses of the parties as to grievances submitted to arbitrationChair/Sole Arbitrator.

Step 3 - Arbitration. If a. Absent resolution of the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 hereinat step 2, the Union may submit the issue in writing to arbitration Guild may, within fourteen fifteen (1415) calendar business days following the receipt of the written reply response to the Step 2 grievance meeting, submit a written demand for arbitration to FP’s Chief Financial Officer. The demand for arbitration shall fully describe the specific issues(s) and specific provision(s) of the Agreement to be arbitrated, as well as the specific relief sought. FP and the Guild will select an arbitrator and schedule a mutually agreeable hearing date. b. If the parties cannot select an arbitrator within fifteen (15) business days by individual designation, an arbitrator will be selected within the next fifteen (15) business days by alternately striking names from a standing panel of five (5) arbitrators selected by the parties, with FP and the Guild alternately striking the first name in each case. At the request of either party, an arbitrator not selected for a pending arbitration may be removed from the Director of Employee Relations and Employment or designee. After notification that panel, after which the dispute is submitted parties will, within thirty (30) days, select another arbitrator for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitratorpanel. 13.4.1 c. The Arbitrator's decision of the arbitrator shall be final and binding on all partiesbinding; however, subject to the following terms and conditionsneither party waives any legal rights. The Arbitrator arbitrator shall not have no the authority to amend or modify, add to, to or subtract from, or otherwise change or modify from the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply . d. Matters left to the specific facts discretion of FP throughout this Agreement, and matters left unrestricted by any contract provision, shall not be subject to arbitration. FP and the issue in disputeGuild agree that there are no mutually acknowledged past practices, other than interpretive ones, that have any contractual or otherwise legally enforceable application between them. e. The arbitrator shall have the authority to rule on either party’s motions, including pre-hearing dispositive motions. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieveda party raises a question of arbitrability as to a grievance, the Arbitrator shall have no authority parties may agree to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long a separate, initial hearing before a separate arbitrator (selected as that judgment was reasonably exercised. Any dismissal by the Arbitratordescribed in section 3(b) above) on arbitrability only, whether with a subsequent arbitration on the merits or procedural grounds, shall bar any further arbitrationheld only if the grievance is found arbitrable. 13.4.2 Each party shall bear one-half (1/2) of the fee of the Arbitrator and any other expense f. All jointly incurred by mutual consent incident to the costs of arbitration hearing. All other expenses shall be borne shared equally by the party incurring themparties to this Agreement, and except that neither party shall will be responsible for the expenses of witnesses called cancellation or postponement fees incurred by the other party’s late cancellation or postponement of an arbitration. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party g. The parties’ rights to arbitrate grievances shall be required effective only during the term of this Agreement: provided, however, that if a specifically enumerated right to arbitrate in this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to is triggered by a pending grievance or to pending negotiations for party’s exercise of a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessaryright extended post expiration, the Arbitrator shall resolve discovery rights aggrieved party may demand post-expiration arbitration. For the avoidance of doubt, this provision does not create the parties as right to grievances submitted to arbitrationarbitrate over a grievance that would not be arbitrable during the term of this Agreement.

Step 3 - Arbitration. If the grievance reply issued in Step 2 is not settled on unacceptable, either party may, within ten (10) school days of receiving the basis written reply, apply for arbitration and shall notify the other party in writing. Failure to proceed with notice for arbitration within the specified ten (10) school days period will result in forfeiture of rights to the arbitration procedure. The notice shall contain the name of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing first party’s appointee to arbitration within fourteen (14) calendar days following the receipt an Arbitration Board. The recipient of the written reply from notice shall, within ten (10) school days, inform the Director other party either that it accepts the other party’s appointee as a single Arbitrator or inform the other party of Employee Relations and Employment or designeethe name of its appointee to an Arbitration Board. After notification that Where two (2) appointees are so selected, they shall, within ten (10) school days of the dispute is submitted for arbitrationappointment of the second of them, the Employer and the Union appoint a third person who shall attempt to agree on an arbitratorbe Chair. If the Employer and recipient of the Union notice fails to appoint an Arbitrator or if two appointees fail to agree on an arbitratorupon a Chair within ten (10) school days, the Union appointment shall promptly be made by the Minister of Labour upon the request of either party. Upon the mutual consent of the Parties, the Board of Arbitration provided herein may be substituted for by a list of seven (7) arbitrators from sole arbitrator appointed by the Federal Mediation and Conciliation ServiceParties. The parties Arbitration Board or sole arbitrator shall thereupon alternate in striking hear the grievance and shall issue a name from the panel until one (1) name remainsdecision. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's decision shall be final and binding on all upon the parties, subject to the following terms and conditions. The decision of the majority is the decision of the Arbitration Board, but, if there is not a majority, the decision of the Chair governs. The single Arbitrator or Board of Arbitration shall have no authority to not, by its decision, add to, subtract delete from, modify, or otherwise change or modify amend the provisions of this the Agreement. The single Arbitrator or Board of Arbitration shall have the power to modify penalties, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to including discharge and disciplinary penalties, and make whatever decision it considers just and equitable in the specific facts circumstances. Each of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 Each party parties shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by their nominee, and the other party. 13.4.3 Except where specifically provided elsewhere in this Agreement, neither party parties shall be required during jointly bear the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights expenses of the parties as to grievances submitted to arbitrationChair/Sole Arbitrator.

Step 3 - Arbitration. a. If the grievance is not settled on satisfactorily resolved in the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified manner provided for in Steps 1 and 2 hereinStep 2, the Union may submit request arbitration by giving the issue Employer written notice by hand delivery or email, of its desire to arbitrate. The written notice must be received by the County Administrator or the Commissioner's Office in writing the absence of the County Administrator within thirty (30) calendar days of receipt of the Step 2 answer, or when the 911 Director’s response was due, in which event the grievance shall be arbitrated according to arbitration within fourteen the following procedure: Within ten (1410) calendar days following the receipt notice to arbitrate, the parties shall either agree upon an arbitrator from the permanent panel or select/appoint, on a rotating basis, from the panel. The rotation shall begin with the first name and continue in the order listed, for subsequent arbitrations. The arbitrator shall schedule the hearing with the mutual agreement of the parties as to date, time and place. The permanent panel for arbitrators shall be as follows. Any arbitrator who declines participation or is not available for the panel shall be considered as withdrawn. The panel is: 1. Xxxxx Xxxx 4. Xxxxx Xxxxxx 2. Xxxxxxx Xxxxx 5. Xxxx Xxxxxx 3. Xxxx Xxxxxxxx b. The arbitrator shall hear and determine only one grievance. Multiple grievance arbitration by one arbitrator at a single hearing shall be prohibited except upon specific and written reply from agreement of the Director Union and the Employer to do so. The sole exception to this is two or more grievances which arose out of Employee Relations and Employment or designeethe same nucleus of operative facts. After notification that Within thirty (30) days after the dispute is submitted for arbitrationclose of the hearing, the Employer arbitrator shall issue his award, unless the parties mutually agree otherwise. c. The jurisdiction and the Union authority of the arbitrator and his opinion and award shall attempt be exclusively limited to agree on an the interpretation of the explicit provisions of this Agreement. He shall have authority only to interpret and apply the specific provisions of this Agreement, which shall constitute the sole basis upon which the arbitrator. If 's decision shall be rendered, and shall consider only employee grievances arising under the Employer and application of the Union fail to agree on an arbitrator, currently existing Agreement between the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Serviceparties hereto. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 The Arbitrator's decision shall be final and binding on all parties, subject to . d. The arbitrator shall not have the following terms and conditions. The Arbitrator shall have no authority to add to, subtract from, or otherwise modify, change or modify alter any of the provisions of this Agreement, but nor to add to, detract from, or modify the language therein in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall be authorized only to interpret existing provisions of this Agreement as they may apply expressly confine himself to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall in no way interfere with management rights, nor limit or interfere in any way with the Employer's action powers, duties, and responsibilities of the Employer under its policies, applicable law, and rules and regulations having the force and effect of law. e. The costs for the services of the arbitrator, including per diem expenses, as well as the related cost of the arbitration services, shall be borne totally by the loser. The arbitrator shall designate in his/her award the prevailing party, or the predominantly prevailing party, and shall submit all charges to the other party for payment. Such charges shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal be divided by the Arbitrator, whether on the merits arbitrator between parties in any manner or procedural grounds, shall bar under any further arbitration. 13.4.2 Each party shall bear one-half (1/2) circumstances without prior approval of the fee both parties. The expenses of the Arbitrator witnesses and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses representatives shall be borne by the party incurring them, and neither they represent. A stenographic record of the arbitration proceedings may be made. Each party shall be responsible pay for its own copy of such record, if requested. The party requesting the stenographer shall pay for the expenses of witnesses called by the other party. 13.4.3 Except where specifically stenographer, provided elsewhere in this Agreementhowever, neither party shall be required during the term of this Agreement to provide that if the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to requests a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessarycopy of the record, the Arbitrator parties shall resolve discovery rights split the cost of the stenographer. f. Prior to the date scheduled for the arbitration hearing, and as early as is practicable, the parties as may exchange a) lists of names of witnesses to grievances submitted testify and b) copies of documents to arbitrationbe introduced.

Step 3 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in specific to Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee and Labor Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 13.3.1 The Arbitrator's ’s decision shall be final and binding on all parties, subject to the following terms and conditions. The Arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreementagreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's ’s action and shall not substitute his or her judgment judgement for the Employer's ’s so long as that judgment the judgement was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 13.3.2 Each party shall bear one-half one‐half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 13.4.3 13.3.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights of the parties as to grievances submitted to arbitration.or

Step 3 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator. 13.4.1 14.4.1 The Arbitrator's decision shall be final and binding on all parties, subject to the following terms and conditions. The Arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 14.4.2 Each party shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 13.4.3 14.4.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator shall resolve discovery rights of the parties as to grievances submitted to arbitration.