Common use of Arbitration Option Clause in Contracts

Arbitration Option. At step four (4) of the aforementioned process, the grievant may make an irrevocable decision to pursue arbitration in lieu of a Personnel Committee hearing. When a grievance has been timely referred to arbitration, the parties shall promptly meet and attempt to mutually agree upon an arbitrator. Should an expeditious selection of arbitrator not be possible, either party may request from the Federal Mediation and Conciliation Service (FMCS) a list of seven (7) arbitrator's names, experience, education, (vita) and fees charged. Upon receipt of the FMCS list, the parties shall meet and strike names, with a coin toss determining who strikes first. Names shall be eliminated alternately until only one (1) name remains. The arbitrator whose name is thus selected shall hear the dispute and render a decision subject to the limitations imposed in this Article. In the event the arbitrator finds he has no authority or power to rule the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. In any grievance in which there is a dispute as to the substantive grievability or arbitrability of the matter at hand, the arbitrator shall rule first on this issue. The arbitrator shall only consider and render a decision with respect to the specific issue originally grieved and submitted, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall have no authority to make or impose a decision which is inconsistent with State, Federal law, City ordinance or this Agreement. The arbitrator shall have no power or authority to award punitive damages. The arbitrator shall render a decision within thirty (30) days after the hearing. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City which is beyond its jurisdiction. The expense of the arbitration shall be borne equally by the parties hereto. Each party shall be responsible for their respective legal and other expenses. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change, modify, amend, add to, subtract from, or otherwise alter the present provisions of this Agreement.