Common use of Step 4 - Arbitration Clause in Contracts

Step 4 - Arbitration. (a) If the grievance is not resolved at Step 3, the Union Representative may appeal the grievance 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 3. (b) The arbitrator shall be one person from a panel of three permanent arbitrators, selected by the state and the Union to serve in rotation for any case or cases submitted. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and Union representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location. (c) 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 the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. 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 site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors. If agreement cannot be reached, the arbitration hearing shall be held in the city of Tallahassee. (d) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and deliver to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts 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. (e) 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 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 (6)(b) of this Article to conduct a hearing on the substantive issue(s). (f) 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, the decision shall be final and binding on the state, the Union, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: 1. The arbitrator shall issue his 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 issues other than those issues raised in the initial written grievance. The arbitrator shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. 4. The arbitrator shall limit his decision strictly to the application and interpretation of the specific provisions of this Agreement. 5. The arbitrator shall be without power or authority to make any decision: a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any 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; c. Which has the effect of restricting the discretion of an Agency Head as otherwise granted by law or the Selected Exempt Service Rules of the State Personnel System; or d. That is based solely upon an agency past practice or policy, other than to determine that such agency practice or policy is contrary to law, the Selected Exempt Service Rules, or this Agreement. (g) The fees and expenses of the arbitrator shall be equally shared by the parties. Each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. (h) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript and provide a photocopy to the arbitrator. The party shall also provide a photocopy of the transcript to the other party upon written request and payment of copying expenses ($.15 per page). (i) The employee, not the Union, will be responsible for costs of an arbitration to which the Union was not a party. 1. 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 for back pay shall not exceed the amount of pay the employee 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, and shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. b. If the Union 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 (6)(c) above, whichever is later, and the rescheduled date. If the state is granted a continuance, any payment for back pay that may be awarded will not be reduced as a result of the continuance.

Step 4 - Arbitration. (a) If the grievance is not resolved at Step 3, the Union Representative may appeal the grievance 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 3. (b) The arbitrator shall be one person from a panel of three permanent arbitrators, selected by the state and the Union to serve in rotation for any case or cases submitted. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and Union representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location. (c) 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 the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. 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 site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors. If agreement cannot be reached, the arbitration hearing shall be held in the city of Tallahassee. (d) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and deliver 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. (e) 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 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 (6)(b) of this Article to conduct a hearing on the substantive issue(s). (f) 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, the such decision shall be final and binding on the state, the Union, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: 1. The arbitrator shall issue his 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 issues other than those issues raised in the initial written grievance. The arbitrator shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. 4. The arbitrator shall limit his decision strictly to the application and interpretation of the specific provisions of this Agreement. 5. The arbitrator shall be without power or authority to make any decision: a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any 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;. c. Which has the effect of restricting the discretion of an Agency Head as otherwise granted by law or the Selected Exempt Service Rules of the State Personnel Systemlaw; or d. That is based solely upon an agency past practice or policy, policy other than to determine that such agency practice or policy is contrary to law, the Selected Exempt Service Rules, or this Agreement. (g) The fees and expenses of the arbitrator shall be borne equally shared by the parties. Each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. (h) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript and provide a photocopy to the arbitrator. The party shall also provide a photocopy of the transcript to the other party upon written request and payment of copying expenses ($.15 per page). (i) The employee, not the Union, will be responsible for costs of an arbitration to which the Union was not a party. 1. (j) The arbitrator’s award may include back pay to the grievant(s); however, the following limitations shall apply to such monetary awards: a. 1. An award for back pay shall not exceed the amount of pay the employee 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, and shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. b. 2. If the Union 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 (6)(c) above, whichever is later, and the rescheduled date. If the state is granted a continuance, any payment for back pay that may be awarded will not be reduced as a result of the continuance.

Step 4 - Arbitration. (a) If the grievance is not resolved at Step 3, the Union Representative may appeal the grievance to arbitration on a Request for Arbitration form as contained in Appendix C of this Agreement within 14 10 days following receipt of the decision at Step 3. (b) The arbitrator shall be one person from a panel of three permanent arbitrators, selected by the state and the Union to serve in rotation for any case or cases submitted. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and Union representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location. facilitate the scheduling of all arbitration hearings. (c) 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. As an exception to this scheduling requirement, a A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The Arbitration Coordinator shall schedule arbitration Aarbitration hearings shall be held at times and locations agreed to by the parties. Under normal circumstances, hearings will be held in Tallahassee; however, selection of the site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors. If agreement cannot be reached, the arbitration hearing shall be held in the city of Tallahassee. (d) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and deliver to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts 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. (e) 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 20 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 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 (6)(b) of this Article to conduct a hearing on the substantive issue(s). (fe) 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, the his decision shall be final and binding on the state, the Union, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: 1. The arbitrator shall issue his a decision not later than 30 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 issues other than those issues raised in the initial written grievance. The arbitrator shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. 4. The arbitrator shall limit his the decision strictly to the application and interpretation of the specific provisions of this Agreement. 5. The arbitrator shall be without power or authority to make any decision: a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any 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;. c. Which has the effect of restricting the discretion of an Agency Head as otherwise granted by law or the Selected Exempt Service Rules of the State Personnel System; or d. That is based solely upon an agency past practice or policy, policy other than to determine that such agency practice or policy is contrary to law, the Selected Exempt Service RulesRules of the State Personnel System, or this Agreement. (g) The fees and expenses of the arbitrator shall be equally shared by the parties. Each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. (h) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript and provide a photocopy to the arbitrator. The party shall also provide a photocopy of the transcript to the other party upon written request and payment of copying expenses ($.15 per page). (i) The employee, not the Union, will be responsible for costs of an arbitration to which the Union was not a party. 1. 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 for back pay shall not exceed the amount of pay the employee 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, and shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. b. If the Union 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 (6)(c) above, whichever is later, and the rescheduled date. If the state is granted a continuance, any payment for back pay that may be awarded will not be reduced as a result of the continuance.

Step 4 - Arbitration. (a) If the grievance is not resolved at Step 3, the Union Representative may appeal the grievance 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 3. (b) The arbitrator shall be one person from a panel of three permanent arbitrators, selected by the state and the Union to serve in rotation for any case or cases submitted. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and Union representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location. (c) 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 the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. 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 site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors. If agreement cannot be reached, the arbitration hearing shall be held in the city of Tallahassee. (d) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and deliver 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. (e) 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 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 (6)(b) of this Article to conduct a hearing on the substantive issue(s). (f) 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, the his decision shall be final and binding on the state, the Union, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: 1. The arbitrator shall issue his a 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 issues other than those issues raised in the initial written grievance. The arbitrator shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. 4. The arbitrator shall limit his the decision strictly to the application and interpretation of the specific provisions of this Agreement. 5. The arbitrator shall be without power or authority to make any decision: a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any 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;. c. Which has the effect of restricting the discretion of an Agency Head as otherwise granted by law or the Selected Exempt Service Rules of the State Personnel System; or d. That is based solely upon an agency past practice or policy, policy other than to determine that such agency practice or policy is contrary to law, the Selected Exempt Service RulesRules of the State Personnel System, or this Agreement. (g) The fees and expenses of the arbitrator shall be borne equally shared by the parties. Each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The arbitrator shall submit his fee statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. (h) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript and provide a photocopy to the arbitrator. The party shall also provide a photocopy of the transcript to the other party upon written request and payment of copying expenses ($.15 per page). (i) The employee, not the Union, will be responsible for costs of an arbitration to which the Union was not a party. 1. 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 for back pay shall not exceed the amount of pay the employee 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, and shall not be retroactive to a date earlier than 15 days prior to the date the grievance was initially filed. b. If the Union 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 (6)(c) above, whichever is later, and the rescheduled date. If the state is granted a continuance, any payment for back pay that may be awarded will not be reduced as a result of the continuance.

Step 4 - Arbitration. (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 Union Representative Association representative may appeal the grievance in writing to arbitration on a Request for Arbitration 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 permanent arbitrators, selected by the state and the Union Association to serve in rotation for any case or cases submitted. The Department of Management ServicesDMS’ Arbitration Coordinator shall schedule the arbitration hearing with the state and Union the Association representatives and the arbitrator listed next on the panel in rotation rotation, and shall coordinate the arbitration hearing time, date, and location. (c) Arbitration hearings shall be scheduled as soon as feasible but not more than five months following The parties may, by agreement in writing, submit related grievances for hearing before 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 same arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. 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 site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors. If agreement cannot be reached, the arbitration hearing shall be held in the city of Tallahassee. (d) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and deliver to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts 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. (e) 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 shall be shared equally by the partiesarbitration. 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). (fe) The 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 may fashion an appropriate remedy initially selected is not available to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under schedule within this Agreementperiod, the decision Arbitration Coordinator shall be final and binding contact succeeding arbitrators on the statepanel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the Union, the grievant(s), other party and the employees in the bargaining unit. In considering a grievanceArbitration Coordinator, the arbitrator shall be governed by the following provisions an extension of time/continuance based on documented unusual and limitations: 1compelling circumstances. The arbitrator shall issue his decision not later than 22 days from parties may agree to schedule a hearing beyond the date of the closing of the hearing or the submission of briefs, whichever is later. 2five-month deadline. The arbitrator’s decision Arbitration Coordinator shall be in writing, shall be determined by applying a preponderance of the evidence standard, schedule arbitration hearings at times and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted. 3. The arbitrator shall have no authority locations agreed to determine any issues other than those issues raised in the initial written grievance. The arbitrator shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. 4. The arbitrator shall limit his decision strictly to the application and interpretation of the specific provisions of this Agreement. 5. The arbitrator shall be without power or authority to make any decision: a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any 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; c. Which has the effect of restricting the discretion of an Agency Head as otherwise granted by law or the Selected Exempt Service Rules of the State Personnel System; or d. That is based solely upon an agency past practice or policy, other than to determine that such agency practice or policy is contrary to law, the Selected Exempt Service Rules, or this Agreement. (g) The fees and expenses of the arbitrator shall be equally shared by the parties. Each party Under normal circumstances hearings will be held in Tallahassee; however, selection of the site shall be responsible for compensating take into account the availability of evidence, location of witnesses and paying existence of appropriate facilities. (f) At least fifteen days before the expenses scheduled date of its own representativesthe arbitration hearing, attorneys and witnesses. The arbitrator the parties shall submit his fee statement to the Arbitration Coordinator for processing in accordance file with the arbitrator’s contract. (h) , 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 schedule file a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of the reporter. If either party orders a transcript of the proceedings, the party shall pay for the cost of the transcript and provide a photocopy to written request with the arbitrator. The party shall also provide , with a photocopy of the transcript concurrent copy to the other party upon written request and payment of copying expenses ($.15 per page). (i) The employeeparty, not the Union, will be responsible for costs of an arbitration to which the Union was not a party. 1. The arbitrator’s award may include back pay exception to the grievant(s); howeverfiling time limits for good cause. If such exception is granted, the following limitations shall apply other party may request that the hearing be rescheduled if necessary for the party to such monetary awards: a. An award for back pay shall not exceed the amount of pay the employee 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, and shall not be retroactive to a date earlier than 15 days prior respond to the date the grievance was initially filedlate filed witness information. b. If the Union 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 (6)(c) above, whichever is later, and the rescheduled date. If the state is granted a continuance, any payment for back pay that may be awarded will not be reduced as a result of the continuance.