Common use of Step V - Arbitration Clause in Contracts

Step V - Arbitration. If the grievance is not settled in Step IV, the matter may only be referred by the UNION or the VILLAGE for arbitration by written request made by the UNION or the VILLAGE within fifteen (15) calendar days of the Manager's response in Step IV. Arbitration shall proceed in the following manner: a) The parties shall attempt to agree upon an arbitrator within fifteen (15) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Upon receipt of such list, each party shall alternately strike a name from the list until there is only one name. The party requesting arbitration shall strike the first name. The person remaining shall be the arbitrator. The arbitrator shall be notified of his selection and shall be requested to set a time and place for hearing, within sixty (60) days. b) The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the submission of the briefs by the parties, whichever is later. The parties may agree to waive this requirement. c) The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the VILLAGE and the UNION, provided however, that each party shall be responsible for compensating its own representatives and witnesses. d) The arbitrator shall have no right to amend, nullify, ignore, add to, take from or modify any of the provisions of this Agreement. The arbitrator shall consider and decide questions of fact as to whether there has been a violation, misinterpretation or misapplication of the provisions of this Agreement. The arbitrator shall have no authority to make a decision on any issue not submitted or raised. The parties shall have the right to request the arbitrator to issue subpoenas compelling the attendance of witnesses and the production of documents. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws or of rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the VILLAGE which are, under law, applicable court decisions, or pursuant to this Agreement, granted to the VILLAGE. e) Any decision and award of the arbitrator rendered within the limitations of this Section shall be final and binding on the UNION, the VILLAGE, the grievant(s), and employees covered by this Agreement.