Step 2- ARBITRATION definition
Step 2- ARBITRATION. If the grievance is not satisfactorily settled in Step 1, the Union may make a written request that the grievance be submitted to Arbitration. A request for Arbitration must be submitted within fourteen (14) calendar days following the date the grievance was answered in Step 1 of the grievance procedure. In the event the grievance is not referred to Arbitration within the time limits prescribed, the grievance shall be considered resolved based upon the second step reply. Upon receipt of request for Arbitration the Employer or their designee and the representative of the Union shall within ten (10) calendar days following the request for Arbitration jointly agree to request a list of seven (7) impartial arbitrators from the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS). The parties shall select an arbitrator within ten (10) calendar days from the date the list of seven (7) arbitrators is received. Prior to striking, each party shall have the option to completely reject the list of names provided by the AAA/FMCS and request another list. The parties shall then use the alternate strike method from the accepted list of seven (7) arbitrators submitted to the parties. The moving party shall be the first to strike a name from the list, then the other party shall strike a name, and the parties will 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. The arbitrator shall hold the arbitration promptly and issue their decision within a reasonable time thereafter. The arbitrator shall limit their decision strictly to the interpretation, application or enforcement of those specific articles and/or sections of this Collective Bargaining Agreement in question. The arbitrator’s decision shall be consistent with applicable law. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this agreement; nor add to, subtract from or modify the language therein in arriving at their determination on any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine themselves to the precise issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to them or to submit observations or declarations of opinion which are not directly essential in reaching a decision on the issue in qu...