Common use of Step 4 - Arbitration Clause in Contracts

Step 4 - Arbitration. After receipt of a notice to arbitrate from the Lodge President, designees of the City Manager and the Lodge President shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by the parties making a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or designee, and to the Lodge President, or designee.

Step 4 - Arbitration. After 1. If the Association is not satisfied with the outcome of mediation, the Association may submit the grievance to arbitration. Within twenty (20) days following mediation, the Association shall notify the Superintendent of the Association’s decision to proceed to arbitration and shall file the grievance with the American Arbitration Association (“AAA”). In the event the grievance is not submitted to arbitration within the time limits prescribed, the grievance shall be considered resolved based upon the results of the Step 3 mediation. 2. Included with its demand for arbitration, the Association shall request a list of seven (7) impartial arbitrators from AAA. Upon receipt of a notice to arbitrate the list of seven (7) arbitrators, the Parties shall select an arbitrator within ten (10) days from the Lodge President, designees date of the City Manager AAA letter listing the arbitrators. The Parties shall use the alternate strike method for selection, alternating which Party strikes first. The remaining name shall be designated as the arbitrator to hear the dispute in question. Prior to striking, either Party shall have the right to reject the list of arbitrators and request one additional list from AAA. If the Lodge President selection of the arbitrator is not made within the ten (10) day period set forth above, the Parties shall attempt to agree on be under the voluntary rules of AAA for the selection of an arbitrator. If All procedures related to the hearing shall be held in accordance with the Voluntary Labor Arbitration Rules of AAA. 3. The arbitrator shall hold the arbitration hearing promptly and issue his decision within a reasonable time thereafter. The arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of those specific articles and/or sections of this attempt Agreement in question. The arbitrator's decision shall be consistent with applicable law. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement, nor add to, subtract from, or modify the language therein in arriving at his determination on any issue presented that is not successful properly within the limitations expressed herein. In cases of discharge, or is waivedof suspensions of five (5) days or more, the arbitrator shall be selected by have the parties making a joint request authority to the Federal Mediation and Conciliation Service (FMCS) for a panel list recommend modification of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreementsaid discipline. The arbitrator may shall expressly confine himself to the precise issues submitted for arbitration and shall have no authority to determine any other issues not alter, amend, modify, add so submitted to him or subtract from to submit observations or declarations of opinion which are not directly essential in reaching a decision on the provisions of the Agreementissue in question. 4. The question of arbitrability of a grievance may be raised by the Employer or the Lodge either Party before the arbitration hearing of the grievance, on the grounds that the matter is nonarbitrable non-arbitrable, or beyond the arbitrator's jurisdiction. The first If the issue of arbitrability is raised by either Party, the arbitrator shall hear all evidence to support the question to be placed of arbitrability, and the arbitrator shall determine if the grievance is arbitrable before an arbitrator will be whether or not hearing the alleged grievance on its merits. If the arbitrator rules that the issue is within the purview of arbitrability. Thereafterarbitrable, the alleged grievance will be heard on its own merits before by the same arbitrator. 5. The decision of the arbitrator shall be final and bindingbinding upon the Employer, subject the Association and the grievant(s). All costs directly related to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part services of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by both Parties. Expenses of the party requesting witnesses, if any, shall be paid by the non-member's attendance at Party calling the Arbitration Hearingwitness. The arbitrator fees of the court reporter shall render in writing his or her findings and be paid by the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward Party asking for one, with such findings and award to the City Managerfees being split equally if both Parties desire a court reporter's recording, or designeerequest a copy of the transcript. 6. If grievance meetings and hearings are to be held during regularly scheduled work hours, no employee required to participate shall suffer any loss of pay or benefits as a result of such required participation. Grievance hearings shall normally be held on work days between 3:00 and 3:30 p.m. except for those grievance hearings related solely to transportation issues. Grievance hearings regarding transportation issues will be held immediately following the Lodge President, a.m. run or designeeat another time as mutually agreed to between the Parties.

Step 4 - Arbitration. After (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the Association Staff Representative may appeal the grievance in writing to arbitration on a Request for Arbitration form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (3), above, is not resolved at Step 3, the Association may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement together with all written responses and documents in support of the grievance. If, at the initial written step, the Association declined to represent the grievant because she was not a member of the Association, the grievant may appeal the grievance to arbitration. (b) The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. Arbitration hearings shall be scheduled as soon as feasible but no more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to arbitrate the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. (c) The arbitrator shall be one person from a panel of five arbitrators, selected by the state and the Association to serve in rotation for any case or cases submitted. The Department of Management Services’ Arbitration Coordinator schedule the arbitration hearing with the state and Association representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location. (d) The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties, taking into consideration the availability of evidence, the location of witnesses, existence of appropriate facilities, and other relevant factors; however under normal circumstances, hearings will be held in Tallahassee. (e) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. (f) Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, an expedited arbitration hearing shall be conducted to address only the arbitrability issue. In such cases, the parties shall choose an arbitrator from the Lodge Presidentpanel of arbitrators, designees (see (5)(c) above) who is available to schedule a hearing and render a decision within 15 days of an arbitrator being chosen for this limited purpose. The hearing on this issue shall be limited to one day, and the arbitrator shall be required to decide the issue within five business days of the City Manager hearing. The hearing shall be conducted by telephone upon the agreement of the parties and the Lodge President shall attempt to agree on an arbitrator. The fees and expenses of the expedited arbitration shall be shared equally by the parties. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (5)(c) of this attempt Article to conduct a hearing on the substantive issue(s). (g) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is not successful or is waivedin accordance with their jurisdiction and authority under this Agreement, the decision shall be final and binding on the state, the Association, the grievant(s), and the employees. In considering a grievance, the arbitrator shall be selected governed by the parties making a joint request to the Federal Mediation following provisions and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohiolimitations: 1. The parties arbitrator shall then choose an arbitrator by alternately striking names issue the decision not later than 22 days from the list until such time as one (1) name remains as date of the arbitrator chosen by closing of the parties. Prior to beginning the striking procedure, either the Employer hearing or the Lodge may reject submission of briefs, whichever is later. 2. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the list evidence standard, and submit a request for another list from shall set forth the arbitration tribunalarbitrator’s opinion and conclusions on the issue(s) submitted. 3. Each party may only reject the list once. In issuing an awardThe arbitrator shall have no authority to determine any other issues, and the arbitrator shall be limited refrain from issuing any statement of opinion or conclusion not essential to the enforcement determination of the issues submitted. 4. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of the this Agreement. 5. The arbitrator may not alteris to consider the facts and circumstances related to the act or omission on which a disciplinary action is based, amend, modify, add to or subtract from as well as the provisions period over which any prior discipline of the Agreement. The question employee has taken place, in determining the level of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question discipline to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrabilityimposed. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state lawdecisions: 6. The arbitrator shall be without power or authority to recommend make any right a. Contrary to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of dischargeinconsistent with, suspension or reductionadding to, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or designee, and to the Lodge President, or designee.subtracting

Step 4 - Arbitration. If a grievance is not satisfactorily resolved at Step 3, the Union Staff Representative may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the City Manager or the City Manager’s designee within fourteen (14) calendar days following the date of the response outlined in Step 3, the grievance shall be considered resolved. After receipt of a notice request to arbitrate from the Lodge PresidentUnion, designees a designee of the City Manager and the Lodge President Union shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator The parties shall be selected by the parties making make a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohioarbitrators. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge party may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the AgreementContract. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the AgreementContract. The question of arbitrability of a grievance grievance, may be raised by either party at any point in the Employer or the Lodge before the arbitration hearing grievance procedure, on the grounds that the matter is nonarbitrable not arbitrable or beyond the arbitrator's ’s jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrabilitythe arbitrator. The question of arbitrability will be heard and answered before proceeding on the merits. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement contract period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the AgreementContract. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both The arbitrator shall render, in writing, the Lodge arbitrator’s findings and award as quickly as possible within thirty (30) calendar days after the Employer hearing is closed and post- hearing briefs are submitted, if necessary. The arbitrator shall share equally in forward such findings and award to the cost of City Manager, or the arbitration proceedingsCity Manager’s designee, and to the FOP/O.L.C. Representative, or the FOP/O.L.C. Representative’s designee. Any member employee who is expected to testify, and whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's employee’s regular work hours. The expenses of Any expense related to any non-member witnesses employee witness(es) shall be borne by the party requesting the non-member's non- employee attendance at the Arbitration Hearingarbitration hearing. The arbitrator shall render in writing his or her findings Both the Union and the award as quickly as possible within thirty (30) calendar days after Employer shall share equally in the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to cost of the City Manager, or designee, and to the Lodge President, or designeearbitration proceedings.

Step 4 - Arbitration. If a grievance is not satisfactorily resolved at Step 3, the Union Staff Representative may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the City Manager or the City Manager’s designee within fourteen (14) calendar days following the date of the response outlined in Step 3, the grievance shall be considered resolved. After receipt of a notice request to arbitrate from the Lodge PresidentUnion, designees a designee of the City Manager and the Lodge President Union shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator The parties shall be selected by the parties making make a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohioarbitrators. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge party may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the AgreementContract. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the AgreementContract. The question of arbitrability of a grievance grievance, may be raised by either party at any point in the Employer or the Lodge grievance procedure before the arbitration hearing on the grievance, on the grounds that the matter is nonarbitrable not arbitrable or beyond the arbitrator's ’s jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrabilitythe arbitrator. The question of arbitrability will be heard and answered before proceeding on the merits. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement contract period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the AgreementContract. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both The arbitrator shall render, in writing, the Lodge arbitrator’s findings and award as quickly as possible within thirty (30) calendar days after the Employer hearing is closed and post-hearing briefs are submitted, if necessary. The arbitrator shall share equally in forward such findings and award to the cost of City Manager, or the arbitration proceedingsCity Manager’s designee, and to the FOP/O.L.C. Representative, or the FOP/O.L.C. Representative’s designee. Any member employee who is expected to testify, and whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's employee’s regular work hours. The expenses of Any expense related to any non-member witnesses employee witness(es) shall be borne by the party requesting the non-member's non- employee attendance at the Arbitration Hearingarbitration hearing. The arbitrator shall render in writing his or her findings Both the Union and the award as quickly as possible within thirty (30) calendar days after Employer shall share equally in the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to cost of the City Manager, or designee, and to the Lodge President, or designeearbitration proceedings.

Step 4 - Arbitration. If a grievance is not satisfactorily resolved at Step 3, the Union Staff Representative may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the City Manager or the City Manag the response outlined in Step 3, the grievance shall be considered resolved. After receipt of a notice request to arbitrate from the Lodge PresidentUnion, designees a designee of the City Manager and the Lodge President Union shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator The parties shall be selected by the parties making make a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohioarbitrators. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge party may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the AgreementContract. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the AgreementContract. The question of arbitrability of a grievance grievance, may be raised by either party at any point in the Employer or the Lodge before the arbitration hearing grievance procedure, on the grounds that the matter is nonarbitrable not arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrabilitythe arbitrator. The question of arbitrability will be heard and answered before proceeding on the merits. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement contract period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the AgreementContract. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both rd as quickly as possible within thirty (30) calendar days after the Lodge hearing is closed and post- hearing briefs are submitted, if necessary. The arbitrator shall forward such findings FOP/O.L.C. Representative, or the Employer shall share equally in the cost of the arbitration proceedings. FOP/O. Any member employee who is expected to testify, and whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of durin any non-member witnesses employee witness(es) shall be borne by the party requesting the non-member's non- employee attendance at the Arbitration Hearingarbitration hearing. The arbitrator shall render in writing his or her findings Both the Union and the award as quickly as possible within thirty (30) calendar days after Employer shall share equally in the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to cost of the City Manager, or designee, and to the Lodge President, or designeearbitration proceedings.

Step 4 - Arbitration. After receipt of a notice to arbitrate from the Lodge President, designees of the City Manager and the Lodge President shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by the parties making a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her their findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or designee, and to the Lodge President, or designee.

Step 4 - Arbitration. After (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the Association representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (4) above, is not resolved at Step 3, the Association representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3. If, at the initial written step, the Association refused to represent the grievant because he was not a dues-paying member of the Association, the grievant may appeal the grievance to arbitration. (b) The arbitrator shall be one person from a panel of at least six permanent arbitrators, selected by the state and the Association to serve in rotation for any case or cases submitted. The DMS’ Arbitration Coordinator shall schedule the arbitration hearing with the state and the Association representatives and the arbitrator listed next on the panel in rotation, and shall coordinate the arbitration hearing time, date, and location. (c) The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. (d) Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, an expedited arbitration hearing shall be conducted to address only the arbitrability issue. In such cases, the parties shall choose an arbitrator from the panel of arbitrators (see (6)(b) above), who is available to schedule a hearing and render a decision within 15 days of an arbitrator being chosen for this limited purpose. The hearing on this issue shall be limited to one day, and the arbitrator shall be required to decide the issue within five business days of the hearing. The hearing shall be conducted by telephone upon the agreement of the parties and the arbitrator. The party losing the arbitrability issue shall pay the fees and expenses of the expedited arbitration. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (6)(b) of this Article to conduct a hearing on the substantive issue(s). (e) Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to arbitrate from the Lodge Presidentother party and the Arbitration Coordinator, designees an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties. Under normal circumstances hearings will be held in Tallahassee; however, selection of the City Manager site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities. (f) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. (g) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the Association, the grievant(s), and the Lodge President shall attempt to agree on an arbitratoremployees in the bargaining unit. If this attempt is not successful or is waivedIn considering a grievance, the arbitrator shall be selected governed by the parties making following provisions and limitations: 1. The arbitrator shall issue a joint request decision not later than 22 days from the date of the closing of the hearing or the submission of briefs, whichever is later. 2. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. 3. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the Federal Mediation and Conciliation Service (FMCS) for a panel list determination of nine (9) arbitrators with business addresses in Ohiothe issues submitted. 4. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited limit the decision strictly to the enforcement application and interpretation of the specific provisions of the this Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. 5. The arbitrator shall be without power or authority to recommend make any right decisions: a. Contrary to relief on or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any alleged way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. b. Limiting or interfering in any way with the powers, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the expressed provisions of this Agreement. 6. The arbitrator’s award may include back pay to the grievant(s); however, the following limitations shall apply to such monetary awards: a. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance occurring at any other time than was initially filed. b. If the agreement Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five month period described in which (6)(e), above, whichever is later, and the right originatedrescheduled date. (h) The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The arbitrator shall not establish any new or different wage rates not negotiated as part submit his fee and expense statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. (i) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the Agreementreporter. In case If either party orders a transcript of discharge, suspension or reductionthe proceedings, the arbitrator party shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in pay for the cost of the arbitration proceedings. Any member whose testimony is relevant transcript and provide a photocopy to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hoursarbitrator. The expenses party shall also provide a photocopy of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award transcript to the City Manager, or designee, other party upon written request and payment of copying expenses ($.15 per page). (j) The Association will not be responsible for costs of an arbitration to the Lodge President, or designeewhich it was not a party.

Step 4 - Arbitration. After (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the Association representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (4) above, is not resolved at Step 3, the Association representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3. If, at the initial written step, the Association refused to represent the grievant because he was not a dues-paying member of the Association, the grievant may appeal the grievance to arbitration. (b) The arbitrator shall be one person from a panel of three at least six permanent arbitrators, selected by the state and the Association to serve in rotation for any case or cases submitted. The DMS’ Arbitration Coordinator shall schedule the arbitration hearing with the state and the Association representatives and the arbitrator listed next on the panel in rotation, and shall coordinate the arbitration hearing time, date, and location. (c) The parties may, by agreement in writing, submit related grievances for hearing before the same arbitrator. (d) Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either party, an expedited arbitration hearing shall be conducted to address only the arbitrability issue. In such cases, the parties shall choose an arbitrator from the panel of arbitrators (see (6)(b) above), who is available to schedule a hearing and render a decision within 15 days of an arbitrator being chosen for this limited purpose. The hearing on this issue shall be limited to one day, and the arbitrator shall be required to decide the issue within five business days of the hearing. The hearing shall be conducted by telephone upon the agreement of the parties and the arbitrator. The party losing the arbitrability issue shall pay the fees and expenses of the expedited arbitration. If the arbitrator determines that the issue is arbitrable, another arbitrator shall be chosen from the parties’ regular arbitration panel in accordance with the provisions of (6)(b) of this Article to conduct a hearing on the substantive issue(s). (e) Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to arbitrate from the Lodge Presidentother party and the Arbitration Coordinator, designees an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties. Under normal circumstances hearings will be held in Tallahassee; however, selection of the City Manager site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities. (f) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information. (g) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be final and binding on the state, the Association, the grievant(s), and the Lodge President shall attempt to agree on an arbitratoremployees in the bargaining unit. If this attempt is not successful or is waivedIn considering a grievance, the arbitrator shall be selected governed by the parties making following provisions and limitations: 1. The arbitrator shall issue a joint request decision not later than 22 days from the date of the closing of the hearing or the submission of briefs, whichever is later. 2. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. 3. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the Federal Mediation and Conciliation Service (FMCS) for a panel list determination of nine (9) arbitrators with business addresses in Ohiothe issues submitted. 4. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited limit the decision strictly to the enforcement application and interpretation of the specific provisions of the this Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. 5. The arbitrator shall be without power or authority to recommend make any right decisions: a. Contrary to relief on or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any alleged way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law. b. Limiting or interfering in any way with the powers, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the expressed provisions of this Agreement. 6. The arbitrator’s award may include back pay to the grievant(s); however, the following limitations shall apply to such monetary awards: a. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date the grievance occurring at any other time than was initially filed. b. If the agreement Association is granted a continuance to reschedule an arbitration hearing over the objection of the agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five month period described in which (6)(e), above, whichever is later, and the right originatedrescheduled date. (h) The fees and expenses of the arbitrator shall be borne equally by the partiessolely by the party who fails to prevail in the hearing; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The arbitrator shall not establish any new or different wage rates not negotiated as part submit his fee and expense statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. (i) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the Agreementreporter. In case If either party orders a transcript of discharge, suspension or reductionthe proceedings, the arbitrator party shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in pay for the cost of the arbitration proceedings. Any member whose testimony is relevant transcript and provide a photocopy to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hoursarbitrator. The expenses party shall also provide a photocopy of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award transcript to the City Manager, or designee, other party upon written request and payment of copying expenses ($.15 per page). (j) The Association will not be responsible for costs of an arbitration to the Lodge President, or designeewhich it was not a party.