Common use of Step Five – Arbitration Clause in Contracts

Step Five – Arbitration. 1. In the event the grievance is not referred to arbitration within the time limits prescribed, the grievance shall be considered resolved based upon the Step Four reply. 2. Upon receipt of a request for arbitration, the Township and the Lodge shall, jointly agree to an Arbitrator or request a list of seven (7) impartial labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a request to the FMCS for a list of seven (7) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The Arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no decision on the merits. 6. The decision of the Arbitrator shall be final and binding upon the Lodge, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service of the Arbitrator shall be divided equally between the Township and the Lodge. Expenses, if any, of the witnesses shall be borne by the party calling the witness, except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this provision.

Step Five – Arbitration. 1. In If the event Guild and the grievance is not referred to arbitration within University waive mediation in writing, or if the time limits prescribedPERC Mediator declares impasse, the grievance shall be considered resolved based upon grievant’s Guild representative may request arbitration the Step Four reply. 2. Upon receipt of grievant’s Guild representative may submit a request for arbitration, the Township and the Lodge shall, jointly agree to an Arbitrator or request a list of seven (7) impartial labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a written request to the FMCS Public Employment Relations Commission (PERC) for a list of seven arbitration. The written request for arbitration shall be postmarked within twenty-one (721) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine himself or herself to the grievance. 4precise issue(s) addressed on the grievance form and submitted for arbitration. The Arbitrator arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have the any authority to add to, subtract from, modify, change or alter modify any provision provisions of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no ’s decision on the merits. 6. The decision of the Arbitrator shall be final and binding upon the LodgeGuild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one Party substantially prevails in the arbitration, the member non-prevailing Party shall bear the total cost and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service expense of the Arbitrator shall be divided equally between arbitrator. If neither Party substantially prevails, the Township total cost and the Lodge. Expenses, if any, expense of the witnesses arbitrator shall be borne equally by the party calling Parties. Irrespective of the witnessarbitrator’s decision, except that member witnesses on duty time each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not lose any wages due be paid by the University for preparation for, travel to or from or participation in the Townshiparbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The fees cost (if any) of the arbitration hearing room and/or a court reporter shall be paid shared equally by the party asking Parties. Each Party is responsible for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a ordering and paying for their own copy of any a transcript. The Township shall not incur any overtime expense as a result of this provision.

Step Five – Arbitration. 1. In If the event grievant and the grievance Union are not satisfied with the Step Four results, the Union must notify the Superintendent, in writing, within ten (10) days after mediation concludes (or within ten (10) days after receipt of the Step Three answer when mediation is not referred requested), if it intends to arbitration within arbitrate the time limits prescribedgrievance. If notice of intent to arbitrate is given in accordance with Step 5 of this Article, the grievance shall be considered resolved based upon submitted to an impartial arbitrator unless, prior to the Step Four reply. 2. Upon receipt of a request for arbitrationhearing, the Township Union withdraws its notice of intention to arbitrate or the case is settled by mutual agreement of the parties. After notice of intent to arbitrate is given to the Superintendent, the Union shall request, in writing, that the Federal Mediation and the Lodge shall, jointly agree to an Arbitrator or request Conciliation Service submit a list of seven nine (79) impartial labor Arbitrators proposed arbitrators. After the list of arbitrators is received from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitratorsService, the parties shall will select an arbitrator. The parties shall use the alternate strike method arbitrator by alternately striking names from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in questionremains. Either party shall have the right to elect to reject the list in its entirety and to may request the submission of a new seven (7) member panel, which election may only be exercised oncesecond list. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a request to the FMCS for a list of seven (7) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The Arbitrator shall not have the authority to add toindependently designate an arbitrator. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing, subtract from, modify, change or alter any provision a copy sent to all parties present at the hearing. The arbitrator at all times shall be governed wholly by the express terms of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator Agreement and shall have the no power or authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit modify or change this Agreement in any retroactive settlement respect or to no earlier time than forty-five (45) calendar days prior add to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no decision on the merits. 6take away from its terms. The decision of the Arbitrator arbitrator shall be final in writing and shall be binding upon on all parties. The fees and expenses of the Lodgearbitrator together with the meeting room and any administrative costs shall be borne by the losing party. However, in the event the arbitrator renders a decision in which neither party is clearly identified as the loser, the member arbitrator shall identify the primarily prevailing party, and the Township. Any cost involved in obtaining other party shall pay the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service of the Arbitrator shall be divided equally between arbitration. If a court reporter is requested, the Township and the Lodge. Expenses, if any, of the witnesses cost shall be borne by the party calling making the witnessrequest, except provided that member witnesses on duty time shall not lose any wages due from if both parties request a transcript the Township. The fees cost of the court reporter and transcripts shall be borne equally by both parties. Any additional expenses of arbitration shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this provisionincurring such expenses.

Step Five – Arbitration. 1. In If the event Guild and the grievance is not referred to arbitration within University waive mediation in writing, or if the time limits prescribedPERC Mediator declares impasse, the grievance shall be considered resolved based upon grievant’s Guild representative may request arbitration the Step Four reply. 2. Upon receipt of grievant’s Guild representative may submit a request for arbitration, the Township and the Lodge shall, jointly agree to an Arbitrator or request a list of seven (7) impartial labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a written request to the FMCS Public Employment Relations Commission (PERC) for a list of seven arbitration. The written request for arbitration shall be postmarked within twenty- one (721) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine (9) Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine themselves to the grievance. 4precise issue(s) addressed on the grievance form and submitted for arbitration. The Arbitrator arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have the any authority to add to, subtract from, modify, change or alter modify any provision provisions of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no ’s decision on the merits. 6. The decision of the Arbitrator shall be final and binding upon the LodgeGuild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one ( 1 ) Party substantially prevails in the arbitration, the member non-prevailing Party shall bear the total cost and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service expense of the Arbitrator shall be divided equally between arbitrator. If neither Party substantially prevails, the Township total cost and the Lodge. Expenses, if any, expense of the witnesses arbitrator shall be borne equally by the party calling Parties. Irrespective of the witnessarbitrator’s decision, except that member witnesses on duty time each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not lose any wages due be paid by the University for preparation for, travel to or from or participation in the Townshiparbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The fees cost (if any) of the arbitration hearing room and/or a court reporter shall be paid shared equally by the party asking Parties. Each Party is responsible for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a ordering and paying for their own copy of any a transcript. The Township shall not incur any overtime expense as a result of this provision.

Step Five – Arbitration. 1. In If the event Guild and the grievance is not referred to arbitration within University waive mediation in writing, or if the time limits prescribedPERC Mediator declares impasse, the grievance shall be considered resolved based upon grievant’s Guild representative may request arbitration the Step Four reply. 2. Upon receipt of grievant’s Guild representative may submit a request for arbitration, the Township and the Lodge shall, jointly agree to an Arbitrator or request a list of seven (7) impartial labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a written request to the FMCS Public Employment Relations Commission (PERC) for a list of seven arbitration. The written request for arbitration shall be postmarked within twenty- one (721) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine themselves to the grievance. 4precise issue(s) addressed on the grievance form and submitted for arbitration. The Arbitrator arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have the any authority to add to, subtract from, modify, change or alter modify any provision provisions of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no ’s decision on the merits. 6. The decision of the Arbitrator shall be final and binding upon the LodgeGuild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one Party substantially prevails in the arbitration, the member non-prevailing Party shall bear the total cost and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service expense of the Arbitrator shall be divided equally between arbitrator. If neither Party substantially prevails, the Township total cost and the Lodge. Expenses, if any, expense of the witnesses arbitrator shall be borne equally by the party calling Parties. Irrespective of the witnessarbitrator’s decision, except that member witnesses on duty time each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not lose any wages due be paid by the University for preparation for, travel to or from or participation in the Townshiparbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The fees cost (if any) of the arbitration hearing room and/or a court reporter shall be paid shared equally by the party asking Parties. Each Party is responsible for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a ordering and paying for their own copy of any a transcript. The Township shall not incur any overtime expense as a result of this provision.

Step Five – Arbitration. 1. In If the event grievant and the grievance Union are not satisfied with the Step Four results, the Union must notify the Superintendent, in writing, within ten (10) days after mediation concludes (or within ten (10) days after receipt of the Step Three answer when mediation is not referred requested), if it intends to arbitration within arbitrate the time limits prescribedgrievance. If notice of intent to arbitrate is given in accordance with Step 5 of this Article, the grievance shall be considered resolved based upon submitted to an impartial arbitrator unless, prior to the Step Four reply. 2. Upon receipt of a request for arbitrationhearing, the Township Union withdraws its notice of intention to arbitrate or the case is settled by mutual agreement of the parties. After notice of intent to arbitrate is given to the Superintendent, the Union shall request, in writing, that the Federal Mediation and the Lodge shall, jointly agree to an Arbitrator or request Conciliation Service submit a list of seven nine (79) impartial labor Arbitrators proposed arbitrators. After the list of arbitrators is received from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitratorsService, the parties shall select attempt to agree upon an arbitratorarbitrator to hear the dispute. The parties shall use If the alternate strike method Employer and the Union are unable to agree upon a selection from the list of seven (7) arbitrators submitted provided, each party shall strike those names from the list which are unacceptable, rank the remaining arbitrators, and return the list to the parties by the FMCS. The first strike shall be by coin-toss and arbitrator appearing on both lists as acceptable that has the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall highest cumulative ranking will be designated as the Arbitrator to hear the dispute in questionarbitrator. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a request to the FMCS for a list of seven (7) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The Arbitrator shall not have the authority to add toindependently designate an arbitrator. If an arbitrator is not selected from the first list using this method, subtract fromFMCS shall provide the parties with a second list and the parties shall select an arbitrator from the second list using the alternate strike method. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing, modify, change or alter any provision a copy sent to all parties present at the hearing. The arbitrator at all times shall be governed wholly by the express terms of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator Agreement and shall have the no power or authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit modify or change this Agreement in any retroactive settlement respect or to no earlier time than forty-five (45) calendar days prior add to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no decision on the merits. 6take away from its terms. The decision of the Arbitrator arbitrator shall be final in writing and shall be binding upon on all parties. The fees and expenses of the Lodgearbitrator together with the meeting room and any administrative costs shall be shared equally by the parties. If a court report is requested, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service of the Arbitrator shall be divided equally between the Township and the Lodge. Expenses, if any, of the witnesses shall be borne by the party calling making the witnessrequest, except provided that member witnesses on duty time shall not lose any wages due from if both parties request a transcript the Township. The fees cost of the court reporter and transcripts shall be borne equally by both parties. Any additional expenses of arbitration shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this provisionincurring such expenses.

Step Five – Arbitration. 1In the event that the grievance cannot be settled in Step Four, the matter shall be referred to an arbitrator by the International Union or by the Employer for determination within thirty (30) days from the meeting of the Principals Committee in Step Four. Due notice of submission to arbitration shall consist of written notice to the Employer if the issue is raised by the Union, or if the issue is raised by the Employer, written notice to the Union. As it is beneficial to both parties that the arbitration be held in a timely fashion, the parties agree to meet within sixty (60) days of the signing of this Agreement for the purpose of selecting a panel of three (3) arbitrators. Each side will get to select one and then a list shall be requested to FCMS prior to the meeting at which time the third one shall be selected from that list. In the event the that a grievance is not referred needs to arbitration within the time limits prescribedgo before an arbitrator, the grievance following method shall be followed: A joint request shall be sent to the panel of three requesting their first available date to hear the case. The arbitrator who provides the first date shall be the one selected for that case, except that in the event another arbitrator submits an available date no more than thirty (30) days following the earliest date, the dates shall be considered resolved based upon equivalent. In the Step Four reply. 2event that there is a tie, the Parties may select an arbitrator by mutual agreement. Upon receipt If the Parties are unable to agree on an arbitrator in the event of a request for arbitrationtie, the Township arbitrator who has heard the fewest cases between the Union and the Lodge shallEmployer shall be selected. If the tied arbitrators have heard the same number of cases, jointly the arbitrator whose last name ranks first by alphabetical order shall be selected. Either party may terminate their named Arbitrator or the other side’s Arbitrator with a 30-day notice, and the Arbitrator will be replaced per the above selection process. The terminated Arbitrator will continue to hear any cases for which he was scheduled prior to the termination. Should the parties mutually agree to an terminate the joint arbitrator, a new list shall be selected after a request to FMCS by the parties. The Arbitrator shall have no authority to amend, alter, add to or request a list of seven (7) impartial labor Arbitrators subtract from this Agreement. No evidence may be presented following the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members close of the National Academy arbitration hearing. The issuing of Arbitratorsan immediate decision at the hearing, with written follow-up, is hereby requested and encouraged. Upon receipt If the parties elect to submit post-hearing briefs or if the Arbitrator orders the parties to do so, the briefs shall be due within thirty (30) days following the hearing (if no transcript is produced). In any case, the arbitrator is required to render his decision in writing to both parties within thirty (30) days of the list hearing or within thirty (30) days of seven (7) arbitrators, the parties shall select an arbitratorsubmission of post-hearing briefs. The parties shall use jointly and equally share all expenses of the alternate strike method from the list Arbitrator. Each party shall, however, bear its own legal expenses and those of seven (7) arbitrators submitted its witnesses to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a request to the FMCS for a list of seven (7) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafterproceeding. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The Arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no decision on the merits. 6. The decision of the Arbitrator shall be final and binding upon the Lodge, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service of the Arbitrator shall be divided equally between the Township and the Lodge. Expenses, if any, of the witnesses shall be borne by the party calling the witness, except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this provision.

Step Five – Arbitration. 1. In If the event Guild and the grievance is not referred to arbitration within University waive mediation in writing, or if the time limits prescribedPERC Mediator declares impasse, the grievance shall be considered resolved based upon grievant’s Guild representative may request arbitration the Step Four reply. 2. Upon receipt of grievant’s Guild representative may submit a request for arbitration, the Township and the Lodge shall, jointly agree to an Arbitrator or request a list of seven (7) impartial labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a written request to the FMCS Public Employment Relations Commission (PERC) for a list of seven arbitration. The written request for arbitration shall be postmarked within twenty-one (721) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the arbitration promptly and issue a decision within a reasonable time thereafter. 3. The Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine himself or herself to the grievance. 4precise issue(s) addressed on the grievance form and submitted for arbitration. The Arbitrator arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have the any authority to add to, subtract from, modify, change or alter modify any provision provisions of this Agreement. The Arbitrator shall be confined solely to the issues submitted for arbitration. The Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension the Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was first presented. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the Arbitrator will be whether or not alleged grievance is arbitrable. If the Arbitrator determines the grievance is not arbitrable, the Arbitrator shall render no ’s decision on the merits. 6. The decision of the Arbitrator shall be final and binding upon the LodgeGuild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one Party substantially prevails in the arbitration, the member non-prevailing Party shall bear the total cost and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the Lodge. All costs directly related to the service expense of the Arbitrator shall be divided equally between arbitrator. If neither Party substantially prevails, the Township total cost and the Lodge. Expenses, if any, expense of the witnesses arbitrator shall be borne equally by the party calling Parties. Irrespective of the witnessarbitrator’s decision, except that member witnesses on duty time each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not lose any wages due be paid by the University for preparation for, travel to or from or participation in the Townshiparbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The fees cost (if any) of the arbitration hearing room and/or a court reporter shall be paid shared equally by the party asking Parties. Each Party is responsible for one. The fees of the court reporter shall be split equally if both parties desire a court reporter's recording, or request a ordering and paying for their own copy of any a transcript. The Township shall not incur any overtime expense as a result of this provision.DRAFT