Common use of Step 5 Clause in Contracts

Step 5. If, after receiving the Chief’s written reply, the grievance remains unadjusted, it may be submitted by mutual agreement to mediation (if the parties agree to mediation, the timelines will be temporarily waived and submission for future arbitration is in no way hindered by this process, unless the grievance is resolved in mediation) or, if no mutual agreement, it may be submitted by the Association, within thirty (30) business days of the Chief’s response to an arbitrator in the following manner: a. The parties will negotiate a mutual statement stipulating the issue to be submitted to arbitration. b. A list of five (5) arbitrators from the State Mediation and Conciliation Service (SMCS) shall be requested and the parties shall alternately strike one (1) name from the list until only one (1) is left. The order of striking shall be determined by lot. c. The arbitrator shall render a decision within thirty (30) days. The powers of the arbitrator shall be limited to interpreting this agreement and determining if it has been violated. S/he shall have no authority to alter, modify, vacate, or amend any terms of this agreement, to substitute his/her judgment for that of the City in any instance where the City is exercising its operational prerogatives under this agreement, or to decide on any condition which is not specifically treated in this agreement. The decision of the arbitrator shall be binding on both parties. Neither of the parties shall submit any new factual information or evidence in arbitration that was not presented previously to the other party within two (2) weeks of the date of the arbitration hearing. If prior to the arbitration hearing either of the parties discovers new evidence not previously disclosed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated. d. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, court reporter, or stenographer if requested by the arbitrator and the transcript of the hearing furnished to the arbitrator shall be paid by the losing party who shall be designated by the arbitrator. Each party shall be responsible for all costs of presenting their position to the arbitrator. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to assure confidentiality to the employees. e. The arbitrator, in weighing questions of discipline or discharge for cause, may review whether such actions were decided by the Department reasonably consistent with City and departmental guidelines on disciplinary matters. This provision is not intended to restrict the authority of the City or Department to establish or modify rules and regulations for the conduct of employee discipline, nor is it intended to deny the City or Department the right to vary from established procedures where the particular circumstances of a case reasonably require variance.

Step 5. If, after receiving If the Chief’s written replymatter is not resolved in Step 4, the grievance remains unadjusted, it Union may be submitted request arbitration by mutual agreement to mediation sending a letter (if the parties agree to mediation, the timelines will be temporarily waived and submission for future arbitration is in no way hindered by this process, unless the grievance is resolved in mediation) or, if no mutual agreement, it may be submitted by the Association, within thirty (30) business 10 days of the Chief’s its response to an arbitrator in the following manner: a. The parties will negotiate a mutual statement stipulating the issue to be submitted to arbitration. b. A list of Company’s Step 4 response). Within five (5) arbitrators from days of the State Mediation giving of written notice both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common on both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to submit a list of five available arbitrators. The parties shall then attempt to agree on one of the five or request a new list. In order for a complaint to be processed as a grievance it must be filed no later than three (3) working days after the alleged occurrence, or when the grievor could reasonably be expected to have become aware of the alleged occurrence. This and Conciliation Service all other response times mentioned throughout this procedure may be extended by mutual agreement. No reasonable requests will be denied. Each party shall endure its own expense and costs (SMCSincluding paying the wages for anyone involved) in litigating arbitration. The arbitrator’s ▇▇▇▇ shall be requested and the parties shall alternately strike one (1) name from the list until only one (1) is leftpaid 50% by each party. The order of striking shall be determined by lot. c. The arbitrator shall render a decision within thirty (30) days. The powers of the arbitrator shall be limited to interpreting this agreement and determining if it has been violated. S/he shall have no authority to alter, modify, vacate, add to or amend any terms of this agreement, to substitute his/her judgment for that of subtract from the City in any instance where the City is exercising its operational prerogatives under this agreement, or to decide on any condition which is not specifically treated in this written agreement. The arbitrator’ award shall be binding upon all parties. Prior to a grievance being arbitrated, mediation may be used to settle the grievance providing both parties agree. The cost of the mediator shall be shared equally by the parties. The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an Employee. The grievance may be lodged in writing at the fourth step, within three (3) working days after the suspension or discharge occurred. If the decision of the arbitrator shall be binding Company is not satisfactory to the Union, the matter may then proceed on both parties. Neither the giving of the parties prescribed notice of appeal to an impartial arbitrator selected as herein provided. Policy grievances may be filed by the Committee on behalf of the Union or the Employees at the third step, providing it is within three (3) working days of the alleged violation. The term working days when used in this agreement for grievance procedure, shall submit any new factual information or evidence in arbitration that was not presented previously exclude Saturdays, Sundays, Holidays and Vacations as defined herein. Throughout all the steps of the grievance procedure, the time limits shall apply equally to the other party within two (2) weeks of Union and the date of the arbitration hearingCompany, but can be exceeded by mutual agreement. If prior to the arbitration hearing Anytime either of the parties discovers new evidence not previously disclosed, fails to respond within the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay time limits or agreed upon extension of the arbitration hearing unless mutually stipulated. d. Each time limits, they will default their position and the grievance will be submitted at settled based upon the other party’s last written request. Such settlement, however, will be on a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, court reporter, or stenographer if requested by the arbitrator and the transcript of the hearing furnished to the arbitrator shall be paid by the losing party who shall be designated by the arbitrator. Each party shall be responsible for all costs of presenting their position to the arbitrator. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to assure confidentiality to the employeesnon- precedent setting basis. e. The arbitrator, in weighing questions of discipline or discharge for cause, may review whether such actions were decided by the Department reasonably consistent with City and departmental guidelines on disciplinary matters. This provision is not intended to restrict the authority of the City or Department to establish or modify rules and regulations for the conduct of employee discipline, nor is it intended to deny the City or Department the right to vary from established procedures where the particular circumstances of a case reasonably require variance.

Step 5. IfIn the event that a grievance is initiated by the Employer under the terms of this Agreement, after receiving the Chief’s written reply, the grievance remains unadjusted, it may be submitted by mutual agreement to mediation (if the parties agree to mediation, the timelines action will be temporarily waived and submission for future arbitration is in no way hindered by this process, unless initiated at Step 3 of the Grievance Procedure. (a) If the grievance is resolved in mediation) orstill not settled, if no mutual agreement, it may be submitted by the Association, Union will notify the Employer within thirty (30) business days of the Chief’s response reply in Step 3, of their desire to an arbitrator in the following manner:proceed to Arbitration. a. (b) The parties will negotiate a mutual statement stipulating the issue to be submitted to arbitration. b. A list of each appoint an Arbitrator within five (5) arbitrators days after the notification from the State Mediation Union has been received and Conciliation Service will promptly advise the other party of the name of their nominee. (SMCSc) The two nominees will then attempt to agree upon a Chairperson and if they cannot agree within a further fifteen (15) days, then such Chairperson shall be requested appointed by the Minister of Labour at the request of either party. (d) Each of the parties hereto shall bear the expense of the nominee appointed by it, and the parties shall alternately strike one (1) name from jointly bear the list until only one (1) is left. The order expense of striking shall be determined by lotthe Chairperson. c. (e) The arbitrator Arbitrators shall render a decision within thirty (30) days. The powers of the arbitrator shall not be limited to interpreting this agreement and determining if it has been violated. S/he shall have no authority authorized to alter, modify, vacate, modify or amend any terms part of this agreementAgreement, nor to substitute his/her judgment for that make any decisions inconsistent with the provisions thereof. (f) The proceedings of the City in any instance where Arbitration Board will be expedited by the City is exercising its operational prerogatives under this agreementparties hereto, or to decide on any condition which is not specifically treated in this agreement. The and the decision of the arbitrator majority of such Board will be final and binding on the parties hereto. In case there is no majority of the Board, then the decision of the Chairperson shall be binding on both partiessimilarly final and binding. (g) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration, or alleged violation of this Agreement. Neither The party receiving notice of the parties shall submit any new factual information or evidence in arbitration that was not presented previously Arbitration may, within fifteen (15) days of its receipt, give written notice to the other party within two (2) weeks objecting that the matter is not arbitrable in that it does not involve an interpretation, application, administration, or alleged violation of this Agreement. In such case, the Arbitration Board shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such case, the Arbitration Board shall reserve judgment on the question of arbitrability and proceed with the matter on the merits. The Board in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration, or alleged violation of the date Agreement, then the Arbitration Board shall not consider the matter further and the decision of the arbitration hearing. If prior to Board or the arbitration hearing either of the parties discovers new evidence not previously disclosed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated. d. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, court reporter, or stenographer if requested by the arbitrator and the transcript of the hearing furnished to the arbitrator shall be paid by the losing party who shall be designated by the arbitrator. Each party shall be responsible for all costs of presenting their position to the arbitrator. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to assure confidentiality to the employees. e. The arbitratorUnion Committee, in weighing questions the case of discipline or discharge for causean Employer grievance, may review whether such actions were decided by the Department reasonably consistent with City and departmental guidelines on disciplinary matters. This provision is not intended to restrict the authority of the City or Department to establish or modify rules and regulations for the conduct of employee discipline, nor is it intended to deny the City or Department the right to vary from established procedures where the particular circumstances of a case reasonably require varianceshall stand.

Step 5. If, after receiving If the Chief’s written replygrievance is not resolved at Step 4 (or if Step 4 is bypassed), the grievance remains unadjusted, it may be submitted referred to arbitration by mutual agreement the Union. The demand to mediation arbitrate shall be made in writing to the Human Resources Manager, with a copy to the City Manager, within fifteen (if 15) working days after the parties agree Union receives the Department Head's response to mediation, Step 3 or within fifteen (15) workdays after the timelines will be temporarily waived and submission conclusion of the settlement conference or the date the settlement conference option is declined affirmatively or the time for future arbitration is in no way hindered by this process, unless the grievance is resolved in mediation) oracceptance has expired, if no mutual agreement, it may be submitted by applicable under the Association, within thirty (30) business days of Step 4. If the Chief’s response Employer and the Union are unable to agree upon an arbitrator in within five (5) work days after they first meet to determine such an appointee, they shall jointly request the following manner: a. The parties will negotiate Public Employment Relations Commission or the Federal Mediation and Conciliation Service to provide a mutual statement stipulating the issue to be submitted to arbitration. b. A list panel of five (5) arbitrators from the State Mediation and Conciliation Service (SMCS) shall be requested Pacific Northwest Region, from which the parties may select one. The representatives of the Employer and the parties Union shall alternately strike eliminate the name of one (1) name person from the list until only one (1) is leftname remains. The order of striking person whose name was not eliminated shall be determined by lotthe arbitrator. Nothing herein shall prevent the City or Union from requesting a meeting, prior to arbitration, to attempt to resolve the dispute. Either the Union or the Employer may request a meeting to solve the grievance prior to submitting the grievance to arbitration. c. 21.2 It shall be the function of the arbitrator to hold a hearing at which the parties may submit their positions concerning the grievance. The arbitrator shall render a decision based on the interpretation and application of the provisions of the Agreement within thirty (30) days. The powers of the arbitrator shall be limited to interpreting this agreement and determining if it has been violated. S/he shall have no authority to alter, modify, vacate, or amend any terms of this agreement, to substitute his/her judgment for that of the City in any instance where the City is exercising its operational prerogatives under this agreement, or to decide on any condition which is not specifically treated in this agreementwork days after such hearing. The decision of the arbitrator shall be final and binding on both parties. Neither of upon the parties shall submit any new factual information or evidence in arbitration that was not presented previously to the other party within two (2) weeks of grievance provided the date of the arbitration hearing. If prior to the arbitration hearing either of the parties discovers new evidence decision does not previously disclosed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated. d. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, court reporter, or stenographer if requested involve action by the arbitrator and Employer which is beyond the transcript of the hearing furnished to the arbitrator shall be paid by the losing party who shall be designated by the arbitratorEmployer's jurisdiction. Each party hereto shall be responsible for all costs pay the expense of presenting their position own representatives (e.g. attorney fees) and the THIS APPENDIX is supplemental to the arbitrator. All meetings AGREEMENT by and hearings under this procedure shall be kept informal and privatebetween the CITY OF BELLEVUE, WASHINGTON, hereinafter referred to as the Employer, and shall include only such parties in interest and/or designated representatives as TEAMSTERS PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL TEAMSTERS UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to in this Article. All information relative to as the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to assure confidentiality to the employeesUnion. e. The arbitrator, in weighing questions of discipline or discharge for cause, may review whether such actions were decided by the Department reasonably consistent with City and departmental guidelines on disciplinary matters. This provision is not intended to restrict the authority of the City or Department to establish or modify rules and regulations for the conduct of employee discipline, nor is it intended to deny the City or Department the right to vary from established procedures where the particular circumstances of a case reasonably require variance.

Step 5. If1. If the grievance is not satisfactorily resolved in Step 4, after receiving the Chief’s Union may make a written replyrequest that the grievance be submitted to binding arbitration. A request for arbitration must be submitted to the other party within seven (7) calendar days following the date of the Trustees' written response. In the event the grievance is not referred to arbitration within the time limits prescribed, the grievance remains unadjusted, it may shall be submitted by mutual agreement to mediation (if considered resolved based upon the parties agree to mediation, Step 4 reply. 2. Upon receipt of a request for arbitration the timelines will be temporarily waived Township and submission for future arbitration is in no way hindered by this process, unless the grievance is resolved in mediation) or, if no mutual agreement, it may be submitted by the AssociationUnion shall, within thirty fourteen (3014) business calendar days of following the Chief’s response request for arbitration, jointly agree to an arbitrator in the following manner: a. The parties will negotiate or request a mutual statement stipulating the issue to be submitted to arbitration. b. A list of five seven (57) impartial arbitrators from the State Federal Mediation and Conciliation Service (SMCSFMCS). Upon receipt of the list of seven (7) shall be requested and arbitrators, the parties shall alternately meet to select an arbitrator within ten (10) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. A coin toss shall determine the order in which the names are to be stricken and the party winning the coin toss shall be the first (1st) to strike a name and alternate in this manner until one (1) name from remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list until in its entirety and to request the submission of a new seven (7) arbitrator panel, which election may only one (1) is leftbe exercised once. The order of striking All procedures relative to the hearing shall be determined by lot. c. in accordance with the rules and regulations of the FMCS. The arbitrator shall render hold the arbitration promptly and issue a decision within thirty (30) daysa reasonable time thereafter. 3. The powers arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. The arbitrator shall hold the arbitration hearing promptly and issue a decision within a reasonable time thereafter. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall limit the decision strictly to the specific Articles and/or Sections of this Agreement alleged to be limited breached. The arbitrator shall expressly confine the decision to interpreting this agreement the precise issues submitted for arbitration and determining if it has been violated. S/he shall have no authority to alterdetermine any other issues not so submitted or to submit observations or declarations of opinion which are not directly essential in reaching a decision on the issue in question. The arbitrator shall be without authority to recommend any right or relief on an alleged grievance occurring at any time other than the contract period in which such right originated or to make an award based on rights arising under any previous agreement, modify, vacategrievance, or amend practices. The arbitrator shall not establish any terms new or different wage rates not negotiated as part of this agreementAgreement. In the event of a monetary award, to substitute his/her judgment for that of the City in any instance where the City is exercising its operational prerogatives under this agreement, or to decide on any condition which is not specifically treated in this agreement. The decision of the arbitrator shall be binding on both parties. Neither of the parties shall submit limit any new factual information or evidence in arbitration that was not presented previously retroactive settlement to the other party within two (2) weeks of the date of the arbitration hearing. If prior to the arbitration hearing either of the parties discovers new evidence not previously disclosed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated. d. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more no earlier than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, court reporter, or stenographer if requested by the arbitrator and the transcript of the hearing furnished to the arbitrator shall be paid by the losing party who shall be designated by the arbitrator. Each party shall be responsible for all costs of presenting their position to the arbitrator. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to assure confidentiality to the employees. e. The arbitrator, in weighing questions of discipline or discharge for cause, may review whether such actions were decided by the Department reasonably consistent with City and departmental guidelines on disciplinary matters. This provision is not intended to restrict the authority of the City or Department to establish or modify rules and regulations for the conduct of employee discipline, nor is it intended to deny the City or Department the right to vary from established procedures where the particular circumstances of a case reasonably require variance.twenty-eight

Step 5. If1. If the grievance is not satisfactorily resolved in Step 4, after receiving the Chief’s Union may make a written replyrequest that the grievance be submitted to binding arbitration. A request for arbitration must be submitted to the other party within seven (7) calendar days following the date of the Trustees' written response. In the event the grievance is not referred to arbitration within the time limits prescribed, the grievance remains unadjusted, it may shall be submitted by mutual agreement to mediation (if considered resolved based upon the parties agree to mediation, Step 4 reply. 2. Upon receipt of a request for arbitration the timelines will be temporarily waived Township and submission for future arbitration is in no way hindered by this process, unless the grievance is resolved in mediation) or, if no mutual agreement, it may be submitted by the AssociationUnion shall, within thirty fourteen (3014) business calendar days of following the Chief’s response request for arbitration, jointly agree to an arbitrator in the following manner: a. The parties will negotiate or request a mutual statement stipulating the issue to be submitted to arbitration. b. A list of five seven (57) impartial arbitrators from the State Federal Mediation and Conciliation Service (SMCSFMCS). Upon receipt of the list of seven (7) shall be requested and arbitrators, the parties shall alternately meet to select an arbitrator within ten (10) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. A coin toss shall determine the order in which the names are to be stricken and the party winning the coin toss shall be the first (1st) to strike a name and alternate in this manner until one (1) name from remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list until in its entirety and to request the submission of a new seven (7) arbitrator panel, which election may only one (1) is leftbe exercised once. The order of striking All procedures relative to the hearing shall be determined by lot. c. in accordance with the rules and regulations of the FMCS. The arbitrator shall render hold the arbitration promptly and issue a decision within thirty (30) daysa reasonable time thereafter. 3. The powers arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. The arbitrator shall hold the arbitration hearing promptly and issue a decision within a reasonable time thereafter. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall limit the decision strictly to the specific Articles and/or Sections of this Agreement alleged to be limited breached. The arbitrator shall expressly confine the decision to interpreting this agreement the precise issues submitted for arbitration and determining if it has been violated. S/he shall have no authority to alterdetermine any other issues not so submitted or to submit observations or declarations of opinion which are not directly essential in reaching a decision on the issue in question. The arbitrator shall be without authority to recommend any right or relief on an alleged grievance occurring at any time other than the contract period in which such right originated or to make an award based on rights arising under any previous agreement, modify, vacategrievance, or amend practices. The arbitrator shall not establish any terms new or different wage rates not negotiated as part of this agreementAgreement. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to substitute his/her judgment for that no earlier than twenty-eight (28) calendar days prior to the date the grievance was presented in writing by the grievant in Step 2 of the City in any instance where grievance procedure. The question of arbitrability of a grievance may be raised by either party before the City arbitration hearing of the grievance, on the grounds that the matter is exercising non-arbitrable or beyond the arbitrator's jurisdiction. Accordingly, the first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is within the purview of arbitrability, the alleged grievance will be heard on its operational prerogatives under this agreementmerits before the same arbitrator and, or to decide if practicable, on any condition which the same day that the question of arbitrability is not specifically treated in this agreementfinally decided by the arbitrator. The decision of the arbitrator shall be binding on both parties. Neither of the parties shall submit any new factual information or evidence in arbitration that was not presented previously final and binding, subject only to the other party within two (2) weeks of the date of the arbitration hearing. If prior to the arbitration hearing either of the parties discovers new evidence not previously disclosed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated. d. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearingappeal under Ohio Revised Code Chapter 2711. The costs cost involved to obtain the list of the impartial arbitratorarbitrators, court reporter, or stenographer if requested by the arbitrator and the transcript rent, if any, of the hearing furnished room shall be borne equally by each party. The expense of any non- Employee witness shall be borne, if at all, by the party calling them. The fee of the court reporter shall be paid by the party requesting the same; provided, however, that such fee shall be split equally if both parties desire a reporter or request a copy of a transcript. All costs directly related to the services of the arbitrator shall be paid by the losing party who party. The Township shall be designated by the arbitrator. Each party shall only be responsible for all costs of presenting their position to the arbitrator. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to assure confidentiality to the employees. e. The arbitrator, in weighing questions of discipline any overtime incurred for a witness called by or discharge for cause, may review whether such actions were decided by the Department reasonably consistent with City and departmental guidelines on disciplinary matters. This provision is not intended to restrict the authority behalf of the City or Department Township. The Township and the Union agree to establish or modify rules work together to schedule any and regulations for the conduct of employee discipline, nor is it intended to deny the City or Department the right to vary from established procedures where the particular circumstances of all arbitration proceedings in a case reasonably require variancemanner that will minimize overtime as much as possible.

Step 5. IfUpon submitting said grievance to arbitration; (a) Parties shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service (FMCS). (b) Within ten (10) calendar days from the receipt of such list, after receiving a designated representative of the Chief’s written replyLodge and the City Manager shall meet and alternately strike names from the list until one (1) arbitrator remains, which shall be selected as the impartial Arbitrator. The Lodge shall strike the first name. Upon the selection of the Arbitrator, Parties will notify the FMCS. This meeting, name striking, and notification shall be completed in three (3) business days. (c) Upon notification to the FMCS, the grievance remains unadjustedselected Arbitrator shall be contacted, it may and a hearing shall be submitted by mutual agreement to mediation set within ten (if the parties agree to mediation, the timelines will be temporarily waived and submission for future arbitration is in no way hindered by this process, unless the grievance is resolved in mediation) or, if no mutual agreement, it may be submitted by the Association, within thirty (3010) business days of the Chief’s response to an arbitrator in the following manner: a. The parties will negotiate a mutual statement stipulating the issue to be submitted to arbitrationdate Arbitrator is notified of his/her selection, if at all possible. b. A list (d) The Arbitrator shall call and conduct a hearing, giving at least seven (7) days notice in writing to the Parties as to the time and place of five such hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall be persuasive, but not binding. Any and all documentary evidence and other data deemed relevant by the Arbitrator may be entered into evidence. The Arbitrator shall have the power to administer oaths, and to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence relative or pertinent to the issue(s) presented for determination. The hearing will be completed no later than twenty (520) arbitrators days from the State Mediation and Conciliation Service (SMCS) shall be requested and the parties shall alternately strike one (1) name from the list until only one (1) is left. The order time of striking shall be determined by lotcommencement. c. The arbitrator shall render a decision within (e) Within thirty (30) days. The powers calendar days after the conclusion of the arbitrator hearing, or as soon as possible thereafter, the Arbitrator shall issue a written opinion, containing the finding and recommendations with respect to the issues presented. A copy of this decision shall be mailed, or delivered, to the Lodge and to the Employer. (f) With respect to the interpretation, enforcement, or application of the provisions of this Agreement, the findings and recommendations of the Arbitrator shall be final and binding on the Parties of this Agreement, and shall take effect no later than thirty (30) calendar days after receipt of Arbitrator's decision. (g) The Arbitrator's authority shall be limited to interpreting the interpretation and application of the terms of this agreement and determining if it has been violatedAgreement and/or any supplement thereto. S/he The Arbitrator shall have no authority jurisdiction to alter, modify, vacate, or amend any terms establish provisions of this agreement, to substitute his/her judgment for that of the City in any instance where the City is exercising its operational prerogatives under this agreementa new Agreement, or to decide on Arbitrate away, in whole or in part, any condition which is provisions and amendments thereof. This shall not specifically treated in this agreement. preclude individual wage grievances. (h) The decision cost of the impartial arbitrator shall be binding on both parties. Neither of shared equally between the parties shall submit any new factual information or evidence in arbitration that was not presented previously to Lodge and the other party within two (2) weeks of the date of the arbitration hearingEmployer. If prior to the arbitration hearing either of the parties discovers new evidence not previously disclosed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated. d. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, court reporter, or stenographer if requested by the arbitrator and the transcript of the hearing furnished to the arbitrator proceedings is requested, it shall be paid by the losing party who shall be designated by the arbitrator. Each party shall be responsible for all costs of presenting their position to the arbitrator. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an effort to assure confidentiality to the employees. e. The arbitrator, in weighing questions of discipline or discharge for cause, may review whether such actions were decided by the Department reasonably consistent with City and departmental guidelines on disciplinary matters. This provision is not intended to restrict the authority financial responsibility of the City or Department to establish or modify rules and regulations for the conduct of employee discipline, nor is it intended to deny the City or Department the right to vary from established procedures where the particular circumstances of a case reasonably require variancerequesting party.