Common use of Step Three - Arbitration Clause in Contracts

Step Three - Arbitration. If the Association is not satisfied with the decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, or if no answer has been provided to the Grievant and the Association at Step Two within the time permitted for doing so, the Association may appeal the grievance to Step Three, Arbitration, by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or other designated representative of the Employer) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the Employer) answer at Step Two. The Association’s Executive Director and the Employer’s Human Resources Manager shall attempt to agree on the selection of an Arbitrator. If agreement cannot be reached within ten (10) workdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall mail his or her decision directly to the parties within thirty (30) days of the close of the arbitration hearing, or such later date as approved by the parties. The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the power to issue a subpoena to compel the attendance of witnesses at the arbitration hearing. Such subpoenaed witness shall be released by the Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a period as is necessary for the witness to report to the hearing, testify, and return to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may be used, but the party just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Association. The fees and approved expenses of the Arbitrator and the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they substitute their discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee or Employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this Agreement are expressly and exclusively reserved to the Association and the Employer. No Employee or group of Employees shall have the right to appeal or process a grievance beyond Step Two of the grievance procedure.

Step Three - Arbitration. If the Association member-grievant is not satisfied with the decision answer in Step Two, within fourteen (14) calendar days after receipt of the Human Resources Manager Step Two response, (or other designated representative 14 days after the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Within fourteen (14) days of the Employer) at Step Two, or if no answer has been provided 's receipt of the notice of intent to file under the Grievant and the Association at Step Two within the time permitted for doing sogrievance arbitration procedure, the Association parties may appeal select a mutually acceptable arbitrator. However, in the grievance event that the parties are unable to Step Threemutually select an agreeable arbitrator, Arbitrationthe Union shall, within this same fourteen(14) day time frame, by filing a written Demand letter, solicit nominations for Arbitration with arbitrators from the Employer’s Human Resources Manager (or other designated representative of Federal Mediation and Conciliation Service to hear the Employer) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the Employer) answer at Step Twoarbitration. The Association’s Executive Director Request for Panel of Arbitrators shall specify FMCS Ohio arbitrators. Upon receipt of such list of arbitrators the parties may meet and attempt to select one (1) arbitrator from the Employer’s Human Resources Manager list. Both parties shall attempt have the option to strike the entire panel of proposed arbitrators. This option may be exercised by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of an Arbitratorone (1) arbitrator, the parties shall then proceed to alternately strike one (1) name each from the list. If agreement cannot Determination regarding which party shall have the privilege of striking a name from the list first shall be reached within ten resolved by the toss of a coin. The individual whose name remains on the list after the other six (106) workdays names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the Association’s submission individual selected and request that such arbitrator be assigned to the grievance. The arbitrator shall arrange with the parties the date, time and place of the Demand for meeting. The parties may mutually agree upon an arbitrator without requesting a list from the FMCS. Arbitration to proceedings shall be conducted under the Employer’s Human Resources Manager (or other designated representative voluntary labor arbitration rules of the Employer)Federal Mediation and Conciliation Service, except as modified by the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA)provisions of this Agreement. The selection of arbitrator shall conduct a fair and impartial hearing concerning the arbitrator through AAAgrievance, hearing, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall mail his or her decision directly to the parties within thirty (30) days of the close of the arbitration hearing, or such later date as approved by the recorded testimony from both parties. The Association arbitrator shall notify hear only one grievance at a time, unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the Employer and seek agreement for the attendance of witnesses for arbitrator is empowered to rule hereunder has been referred to him, such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of dispute may be withdrawn by either party, the Arbitrator shall have the power to issue a subpoena to compel the attendance of witnesses at the arbitration hearing. Such subpoenaed witness shall be released by the Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a period as is necessary for the witness to report to the hearing, testify, and return to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may be used, but the party just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Association. The fees and approved expenses of the Arbitrator and the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they substitute their discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee or Employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this Agreement are expressly and exclusively reserved to the Association and the Employer. No Employee or group of Employees shall have the right to appeal or process a grievance beyond Step Two of the grievance procedure.

Step Three - Arbitration. If the Association is not satisfied with the decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, or if no answer has been provided to the Grievant and the Association at Step Two within the time permitted for doing so, the Association may appeal the grievance to Step Three, Arbitration, by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or other designated representative of the Employer) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the Employer) answer at Step Two. The Association’s Executive Director and the Employer’s Human Resources Manager shall attempt to agree on the selection of an Arbitrator. If agreement cannot be reached within ten (10) workdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall mail his or her decision directly to the parties within thirty (30) days of the close of the arbitration hearing, or such later date as approved by the parties. The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the power to issue a subpoena to compel the attendance of witnesses at the arbitration hearing. Such subpoenaed witness shall be released by the Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a period as is necessary for the witness to report to the hearing, testify, and return to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may be used, but the party just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Association. The fees and approved expenses of the Arbitrator and the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they he/she substitute their his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee librarian or Employees librarians involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this Agreement are expressly and exclusively reserved to the Association and the Employer. No Employee librarian or group of Employees librarians shall have the right to appeal or process a grievance beyond Step Two of the grievance procedure.

Step Three - Arbitration. If the Association is not satisfied with the decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, or if no answer has been provided to the Grievant and the Association at Step Two within the time permitted for doing so, the Association may appeal the grievance to Step Three, Arbitration, Three arbitration by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or other designated representative of the Employer) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the Employer) answer at Step Two. The Association’s Executive Director and the Employer’s Human Resources Manager shall attempt to agree on the selection of an Arbitrator. If agreement cannot be reached within ten (10) workdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall mail his or her decision directly to the parties within thirty (30) calendar days of the close of the arbitration hearing, or such later date as approved by the parties. The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the power to issue a subpoena to compel the attendance of witnesses at the arbitration hearing. Such subpoenaed witness shall be released by the Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a period as is necessary for the witness to report to the hearing, testify, and return to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may be used, but the party just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Association. The fees and approved expenses of the Arbitrator and the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they he/she substitute their his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee employee or Employees employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this Agreement are expressly and exclusively reserved to the Association and the Employer. No Employee employee or group of Employees employees shall have the right to appeal or process a grievance beyond Step Two of the grievance procedure.

Step Three - Arbitration. If the Association is not satisfied with the decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, or if no answer has been provided to the Grievant and the Association at Step Two within the time permitted for doing so, the Association may appeal the grievance to Step Three, Arbitration, Three arbitration by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or other designated representative of the Employer) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the Employer) answer at Step Two. The Association’s Executive Director and the Employer’s Human Resources Manager shall attempt to agree on the selection of an Arbitrator. If agreement cannot be reached within ten (10) workdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall mail his or her their decision directly to the parties within thirty (30) calendar days of the close of the arbitration hearing, or such later date as approved by the parties. The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the power to issue a subpoena to compel the attendance of witnesses at the arbitration hearing. Such subpoenaed witness shall be released by the Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a period as is necessary for the witness to report to the hearing, testify, and return to his or her their assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may be used, but the party just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Association. The fees and approved expenses of the Arbitrator and the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they the Arbitrator substitute their discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her their jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee or Employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this Agreement are expressly and exclusively reserved to the Association and the Employer. No Employee or group of Employees shall have the right to appeal or process a grievance beyond Step Two of the grievance procedure.

Step Three - Arbitration. If a. In the Association is event that the grievance has not satisfied with the decision of the Human Resources Manager (or other designated representative of the Employer) been satisfactorily resolved at Step Two, and the grievance involves an alleged violation of the Agreement as described in the definition of a grievance in B.1.a above, then arbitration may be brought only by the Union, through its designee within thirty-five (35) calendar days from the day the Union received the Step Two decision or if no answer has been provided from the date on which the Step Two decision was due, by mailing a written request for arbitration to the Grievant Public Employment Relations Commission and sending a copy to the Office of Employee Relations. If mutually agreed, a pre-arbitration conference may be scheduled to frame the issue or issues. All communications concerning appeals and decisions at this Step shall be made in writing. The request for arbitration shall contain the names of the department or agency and Manager involved, a copy of the grievance form and the Association at Step Two decision, if available. b. Within thirty (30) days of the execution of this Agreement, the parties shall mutually agree upon a panel of not less than five (5) arbitrators. Each member of the panel shall serve in turn as the sole arbitrator for a given case. Where a member of the panel is unable to serve, the next member in sequence shall then serve. In the event the parties are unable to agree upon a panel of arbitrators within thirty (30) days, arbitrators shall be selected on a case-by-case basis under the selection procedure of the Public Employment Relations Commission until such time as the parties agree upon a panel. All panel arbiters must agree, in advance, as a condition for being placed on the panel, to accept a fee of no more than $1000 per day, and to impose a fee of no more than $500 for a cancellation by either party without good cause. c. The arbitrator shall conduct a hearing to determine the facts and render a decision in writing to the parties. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement or laws of the State, or any written policy of the State or subdivision thereof not inconsistent with this Agreement, or to determine any dispute involving the exercise of a management function which is within the time permitted for doing so, the Association may appeal the grievance to Step Three, Arbitration, by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or other designated representative authority of the Employer) no later than twenty (20) workdays following the date the Association Representative receivedState as set forth in Article 1.C., or should have received, the Human Resources Manager’s (or other designated representative of the Employer) answer at Step Two. The Association’s Executive Director and the Employer’s Human Resources Manager shall attempt to agree on the selection of an Arbitrator. If agreement cannot be reached within ten (10) workdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAAManagement Rights, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall mail confine his or her decision directly solely to the interpretation and application of this Agreement. He or she shall confine themselves to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him or her, nor shall he or she submit observations or declaration of opinions which are not essential in reaching the determination. The decision or award of the arbitrator shall be final and binding consistent with applicable law and this Agreement. In no event shall the same question or issue be the subject of arbitration more than once. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement. Any remedy ordered by an arbitrator will not have retroactive affect beyond thirty (30) days from the date the grievance was filed, except that payroll errors and related matters shall be corrected to the date of error. The fees and expenses of the arbitrator shall be divided equally between the parties. Either party may make a verbatim record through a certified transcriber. Such a record is to be made at the requesting parties’ expense. However, if both parties want a copy of the transcript, the cost of the transcript and the reporter shall be shared equally between the parties. The cost of any transcript (or copy thereof) requested by the Arbitrator shall be shared equally between the parties. Any other cost of this proceeding including the cost of recording shall be borne by the party incurring the cost. d. The arbitrator shall hold the hearing at a time and place convenient to the parties within thirty (30) calendar days of his acceptance to act as arbitrator and shall issue his or her decision within thirty (30) days after the close of the arbitration hearing. e. Whenever a grievance which is to be resolved at Step Three, Arbitration, is based on a provision of this Agreement in which the power or such later date as approved by authority of the arbitrator is specifically limited to an advisory award, that limit shall be observed and all the provisions of paragraphs b, c and d above shall be operable except that the award and opinion shall be advisory and not binding on the parties. The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the power to issue a subpoena to compel the attendance of witnesses at the arbitration hearing. Such subpoenaed witness shall be released by the Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a period as is necessary for the witness to report to the hearing, testify, and return to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may be used, but the party just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Association. The fees and approved expenses of the Arbitrator and the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they substitute their discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee or Employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, absent a particular exception the arbitration provisions of this Agreement are expressly and exclusively reserved to the Association and the Employer. No Employee or group of Employees shall have the right to appeal or process a grievance beyond Step Two of the grievance procedureprocedure above shall be operable. f. Representatives of the Governor's Office of Employee Relations, the applicable state department or agency and the Union may meet to resolve grievances that are appealed to arbitration. Local Union representatives and department representatives may participate in the meetings.

Step Three - Arbitration. If Either the Association is not satisfied with Union or the decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, or if no answer has been provided to the Grievant and the Association at Step Two within the time permitted for doing so, the Association Employer may appeal refer the grievance to Step Three, Arbitration, by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or other designated representative of the Employer) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the Employer) answer at Step Two. The Association’s Executive Director and the Employer’s Human Resources Manager shall attempt an Arbitrator available to agree on the selection of an Arbitrator. If agreement cannot be reached within ten (10) workdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall mail his or her decision directly to the parties within thirty (30) days of the close of the arbitration hearing, or such later date as approved by the parties. The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the power to issue a subpoena to compel the attendance of witnesses at the arbitration hearing. Such subpoenaed witness shall be released by the Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a period as is necessary for the witness to report to the hearing, testify, and return to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may be used, but the party just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Grievances shall be arbitrated separately unless otherwise agreed in writing decide all differences arising between the Employer and the AssociationUnion as to interpretation, application or performance of any part of this Agreement, except as otherwise restricted by this Agreement. The arbitrator shall also have the authority to decide all issues of procedural arbitrability, including timeliness. It is understood and agreed that an Arbitrator is not vested with the power to change and/or modify this Agreement but only to interpret the Agreement. All fees and approved expenses connected with the selection of and services of the impartial Arbitrator and the cost of any room or other facility needed for the arbitration shall be borne shared equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no chargeparties. All other expenses, including, but not limited to, expenses encountered by the cost parties in preparation and presentation of compensating its own representatives and witnesses, their case shall be borne by the respective parties. If either party incurring them. All hearings requests to have the hearing transcribed, the cost of such transcription shall be held at borne by both parties, equally. The parties may mutually agree on an arbitrator on a case-by-case basis, or if the parties cannot or do not mutually agree to an arbitrator then the parties may select an arbitrator from a list of nine (9) provided by the Federal Mediation and Conciliation Service, whereby each party shall alternately strike a name from the list and the remaining name shall be the arbitrator appointed to hear and decide the issue. The parties shall advise FMCS of their wish to provide a list containing only arbitrators who are members of the National Academy of Arbitrators and have their primary office in Southern California. The parties shall flip a coin to determine who strikes first. If both parties agree, the FMCS procedure may be replaced on occasion or for the duration of the agreement, or any other mutually agreed time with a mutually agreeable sitelist or arbitrator. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they substitute their discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The impartial Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, decision shall be final and binding upon the Employer, the Association parties. This grievance and the Employee or Employees involved. Nothing in this Agreement arbitration Section shall be construed to prevent any individual from presenting the sole and adjusting a grievance directly with exclusive means of resolving disputes regarding the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions interpretation or application of this Agreement are expressly and exclusively reserved to between the Association Union (including all employees in the bargaining unit covered by this Agreement) and the Employer. No Employee A grievance that is not timely filed, or group of Employees shall have that is not timely appealed to the right to appeal next step herein, or process a grievance beyond Step Two that is withdrawn, or that is determined by decision of the Arbitrator if appealed to that step, shall be deemed fully and finally resolved. Such resolution shall be final and binding on the Union, the Employer and all bargaining unit employees. Any grievance, however, may be withdrawn without prejudice as to an issue prior to an Arbitration decision, with the understanding that this sentence shall not operate to toll or waive time limits under this Agreement. Any grievance procedurethat is withdrawn may be re-filed as to its own merits if re-filed within the original time limits that applied to the withdrawn grievance.