Common use of Arbitration Procedure Clause in Contracts

Arbitration Procedure. 55.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 or a timely default by the Employer at Step 3, the Union may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 55.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 or a timely default by the Employer at Step 3, the Union may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 55.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.thirty

Arbitration Procedure. 55.01 40.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty ten (3010) days after the rendering of the decision at Step 4 3 or a timely default by the Employer at Step 3, the Union aggrieved party may submit the grievance to arbitration. An Within this ten (10) day period, the parties will meet to mutually agree upon an arbitrator will be selected by mutual agreementof their own choosing. If such agreement is not reached, the parties cannot agree within (30) days union shall request from the Union's intent to arbitrate, the Union shall require American Arbitration Association (AAA) a list of arbitrators from seven (7) names. Such list of seven (7) names shall be submitted to the Federal Mediation parties and Conciliation Service (FMCS). Arbitrators the names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated as the arbitrator to hear the grievance in question. Either party shall have the right to reject one list and request a second list of seven (7) names of arbitrators, one of whom shall be selected by the alternate strike method as provided in this section. 55.02 40.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner manner, alter the specific terms of this Agreement or to make any award requiring the commission of any an act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 40.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days days, except by the written mutual written agreement of the parties. 55.04 40.04 The hearing or hearings hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 40.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall will be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. In the event of a "split award", the fees of the arbitrator will be divided equally between the parties. 55.06 40.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.thirty

Arbitration Procedure. 55.01 26.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 or a timely default by the Employer at Step 34, the Union may submit the grievance to arbitration by submitting to the City Manager a written demand for arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within Ten (3010) days from the Union's intent to arbitrateafter submitting its demand for arbitration, the Union shall require a list of arbitrators from request the Federal Mediation and Conciliation Service to provide the parties duplicate panels of seven (FMCS)7) arbitrators and a copy of the request shall be simultaneously mailed to the Employer. Arbitrators names The arbitrator will be stricken chosen by each party alternately from striking names and the FMCS list until name remaining shall be the arbitrator. Either party shall have the option to completely reject one (1) name remains who panel of arbitrators provided by the FMCS and request another list. The hearing shall be designated conducted in accordance with the arbitrator to hear rules and regulations of the grievance in questionFNCS. 55.02 26.02 The arbitrator Arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 . If there is a doubt as to the arbitrability of the grievance, the parties shall request the arbitrator to rule on the arbitrability of the grievance. If the arbitrator rules that the grievance is arbitrable, he shall then proceed to conduct a hearing on the merits of this grievance. The arbitrator Arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 . The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 The arbitratorArbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The Arbitrator's award and decision of the arbitrator shall be final and binding upon on the partiesEmployer, the Union and all affected employees. 55.07 Except as provided in Section 55.01 above, arbitrators 26.03 The hearing or hearings shall be selected conducted pursuant to the rules and procedures of the Federal Mediation and Conciliation ServiceService to the extent consistent with the terms of this Article 26. 55.08 26.04 The Union agrees to indemnify fees and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member expenses of the bargaining unit during the exercise of his rights as provided arbitrator will be paid by the Grievance and Arbitration Procedures herein containedparty losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. The Employer shall provide a permanent hearing room. In the event of a "split" award, the Arbitrator shall apportion the Arbitrator's costs.

Arbitration Procedure. 55.01 In the event 4.10 If either Party submits a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 or a timely default by the Employer at Step 3to Arbitration, the Union may submit the grievance to arbitration. An arbitrator will Arbitrator shall be selected by mutual agreementagreement between the Employer and the Union. If When the parties cannot fail to agree upon an arbitrator within five (305) working days from the Union's intent after agreement to arbitrate, the Union or the Parties, jointly, shall require promptly request a list of arbitrators seven (7) names from the Federal Mediation and Conciliation Service Service. Either Party may reject the first, and request a second list of seven (FMCS)7) more names, after prompt notice to the other Party. Arbitrators names will be stricken Each Party shall alternately strike names, the moving Party striking first, from the FMCS list employed by the Parties until one (1) name remains who remains, which shall be designated the arbitrator to hear the grievance in questionArbitrator selected. 55.02 4.11 The arbitrator Arbitrator shall have no power or authority to add to, to or to subtract from, from or in to alter or modify any manner alter of the specific express terms of this Agreement Agreement, or to make any award requiring the commission of any act prohibited by law ignore or to make imply any award that itself is contrary to law term or violates any provision. Within the foregoing limitations, the decision of the terms Arbitrator on the Grievance submitted shall be final and conditions binding. Grievances which do not pertain to the alleged violation of particular provisions of this AgreementAgreement are not subject to Arbitration, even though such Grievances may have been entertained by the Parties in other steps of the procedures set forth in this ARTICLE FOUR. 55.03 4.12 Each party will pay its own participants and its own witnesses. The arbitrator shall not decide more than one (1) grievance on Parties will share equally only the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 The fees fee and expenses of the arbitrator Arbitrator and the cost of the hearing roomcost, if any, of the hearing room and reporter. Special work standards or rules in addition to those established by this contract may be established by the Employer in each department, or by the County in its personnel policy. However, no policy, standard or work rule(s) may conflict with the provisions of this contract. No employee may be disciplined for a violation of any policy, work rules, or standard unless the Employee and the Union have been advised in writing of such policies and rules. Such notice shall be borne by given to any ▇▇▇▇▇▇▇ of the party losing union representing the grievancedepartment or office instituting the work rule or policy. Neither party Any such additional policies or rules shall be responsible for in written form and be on file with the Human Resources Director. Any discipline imposed upon any of the expenses incurred by the other party. 55.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator Employee shall be final and binding upon done in a manner that will not embarrass the partiesEmployee. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 In Binding arbitration will be the event a procedure used for any grievance is unresolved not satisfactorily settled under the negotiated grievance procedures set forth in this Agreement. Both parties agree that good faith resolution of all grievances will be attempted through the grievance process, settlement, and mediation procedures. 1. If Management and the Union fail to settle any grievance processed under this Agreement, such grievance, upon written request by either party within twenty (20) work days after being processed through all issuance of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the final decision at Step 4 or a timely default by the Employer at Step 3, director or his/her designee will be submitted to arbitration. Only Management or the Union may submit invoke arbitration. 2. Not later than twenty-five (25) work days after receipt of the grievance to arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within (30) days from the Union's intent to arbitratefinal decision, the Union shall require party invoking arbitration will submit a list of arbitrators from request to the Federal Mediation and Conciliation Service (FMCS)) for referral of an arbitration panel of seven (7) names of impartial persons qualified to act as an arbitrator. Arbitrators Normally, within fifteen (15) work days after receipt of an FMCS referral, the Parties will select an arbitrator by alternately striking names from the referral list with the name of the last arbitrator becoming the selection. The party striking the first name will be stricken alternately the winner of a coin toss. Management and the Union can mutually agree to request a new list from FMCS, and the parties will share any cost associated with requesting the new list. 3. The FMCS list until one (1) name remains who shall will be designated the empowered to make a direct designation of an arbitrator to hear the grievance case in questionthe event one party refuses to participate in the selection of an arbitrator. 55.02 4. With the consent of both parties, more than one arbitration case may be consolidated for review by the same arbitrator. 5. Grievances will be arbitrated in the order in which arbitration was invoked, and any grievance that is passed over for arbitration will not be considered at a later date. 6. If the parties fail to agree on a joint submission of the issue for arbitration, each will submit a separate submission and the arbitrator will determine the issue or issues to be heard. The arbitration normally will be conducted at the work site, unless Management decides otherwise. If Management decides to move the arbitration from the work site, Management will bear the travel and per diem costs for the move. 7. All bargaining unit employees who are participants in the hearing, including witnesses, will be in a duty status. The costs of any witnesses or relevant participants who are not bargaining unit employees will be borne by the party requesting their appearance. 8. The arbitrator shall will be requested to render his/her decision not later than thirty (30) work days after the conclusion of the hearing unless the parties mutually agree to extend the time limit. 9. The arbitrator’s decisions will be final and binding subject to the Parties’ right to take exceptions to an award in accordance with law, or the grievant’s right, if applicable, to initiate court action. However, the arbitrator will be bound by the terms of this Agreement and will have no power or authority to add to, subtract from, alter, amend or in modify any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions provision of this Agreement. The arbitrator may retain jurisdiction over a case when necessary to clarify the award and will retain jurisdiction in all cases where exceptions are taken to an award and the Federal Labor Relations Authority sets aside all or a portion of the award. 55.03 10. The arbitrator shall not decide more than one (1) grievance on cost for arbitration, including the same hearing day or series of hearing days except arbitrator’s fee, travel, and per diem, will be borne equally by the Union and Management. Travel and per diem cost of the arbitrator will not exceed the applicable rates authorized for U.S. Government employees in accordance with the Federal Travel Regulations. The cost of a reporter or transcript, if used, will be shared equally by the Parties if it is mutually agreed by the Parties to have one, or where requested by the arbitrator. Absent mutual written agreement agreement, either Party may unilaterally request that a transcript be prepared but must bear all costs incurred in its preparation. If one Party withdraws the grievance from the scheduled arbitration, it will bear the full costs of any arbitration costs or fees. 11. There will be no communication with the arbitrator unless both Parties are participating in the communication. Upon mutual consent of the parties, the grievance case file and current collective bargaining agreement will be sent to the arbitrator. 55.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance12. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 The arbitrator's decision and award Bargaining unit witnesses will be granted a reasonable amount of official time to prepare for and testify at the arbitration hearing. The Union will request and obtain approval, in writing, for official time to prepare bargaining unit witnesses for its case. Management will promptly respond in writing and delivered within thirty (30) days from the date the record is closedto such requests. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that Management will notify the Union failed in writing of its intent to fairly represent a member of the interview bargaining unit during witnesses and afford the exercise of his rights as provided by Union the Grievance and Arbitration Procedures herein containedopportunity to be present at such interviews.

Arbitration Procedure. 55.01 33.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the EmployerEmploys, then within thirty (30) days after the rendering of the decision at Step 4 3 or a timely default by the Employer at Step 3, the Union Ohio Council 8 may submit the grievance to arbitration. An Within this ten (10) day period, the parties will meet to attempt to mutually agree upon an arbitrator will be selected from the permanent panel created by mutual agreementthis procedure. If such agreement is not reached, then the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators panel members' names will be stricken alternately from the FMCS list alternatively until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 55.02 33.02 The arbitrator shall have no power or authority to add to, . subtract from, or in any manner manner, alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 33.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days day(s), except by the mutual written agreement of the parties. 55.04 33.04 The hearing or hearings shall be conducted pursuant to the "Rules of Voluntary Arbitration Arbitration" of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 33.05 The fees and expenses of the arbitrator and the cost of the hearing roommom, if any, shall will be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 33.06 The arbitrator's decision and award will shall be in writing and delivered within thirty (30) calendar days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators 33.07 The arbitrator shall be selected pursuant to from a list of seven (7) arbitrators, which the rules and procedures of Union shall request from the Federal Mediation and Conciliation Service. 55.08 . Within ten (10) days following receipt of this list, the parties shall meet for the purpose of naming the arbitrator either by mutual agreement or by a striking process, whereby each shall alternately strike a name from the list until a final name remains who shall be the arbitrator. The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided person striking first shall be determined by the Grievance and Arbitration Procedures herein containedsingle toss of a coin.

Arbitration Procedure. 55.01 50.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default time limit default(s) of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 4, or a timely time limit default by the Employer at Step 34, the Union may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within Within this thirty (30) days day period, the parties will meet to attempt to mutually agree upon an arbitrator selected from the Union's intent to arbitratepermanent panel created by this procedure. If such agreement is not reached, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators panel members' names will be stricken alternately from the FMCS list alternatively (Union striking first) until one (1) name remains remains, who shall be designated the arbitrator to hear the grievance in question. 55.02 50.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement Agreement, or to make any award requiring the commission of any act prohibited by law law, or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 50.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days days, except by the mutual written agreement of the parties. 55.04 50.04 The hearing or hearings hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 50.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 50.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.thirty

Arbitration Procedure. 55.01 50.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 3 or a timely default by the Employer at Step 3, the Union may submit the grievance to arbitration. Within this thirty (30) day period, the parties will meet to select an arbitrator form the permanent panel of arbitrators. 50.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 50.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 50.04 The hearing or hearings shall be conducted pursuant to the Rules of the American Arbitration Association. 50.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. However, in the event of a split decision, the arbitrator shall apportion the fees and expenses. Neither party shall be responsible for any of the expenses incurred by the other party. 50.06 The arbitrators decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 50.07 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained. 50.08 An arbitrator will be selected by mutual agreement. If the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 55.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 34.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default time limit default(s) of the Employer, then within thirty ten (3010) days after the rendering of the decision at Step 4 4, or a timely time limit default by the Employer at Step 34, the Union aggrieved party may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If Within this ten (10) day period, the parties cannot agree within (30) days from the Union's intent will meet in an attempt to arbitratemutually select an arbitrator, the Union shall require a list of arbitrators will file for an arbitration panel from the Federal Mediation mediation and Conciliation Service (FMCS). Arbitrators They will request only names will be stricken alternately from the FMCS list until one State of Ohio, Metropolitan Region. Within fifteen (115) name remains who days of receipt of the arbitration panel, the parties shall be designated select an arbitrator through the arbitrator to hear alternative strike method, with the grievance in questionUnion striking first. 55.02 34.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement Agreement, or to make any award requiring the commission of any act prohibited by law law, or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 34.03 The arbitrator shall not decide more than one (1) grievance on o the same hearing day or series of hearing days days, except by the mutual written agreement of the parties. 55.04 34.04 The hearing or hearings hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration and Regulations of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 34.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. In the event the arbitrator renders a split decision by neither denying nor sustaining the grievance in full, the costs of the arbitration shall be split equally between the parties. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 34.06 The arbitrator's ’s decision and award will be in writing and delivered within thirty (30) days das from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 34.07 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his his/her rights as provided by the Grievance and Arbitration Procedures procedures herein contained. 34.08 The Arbitrator will be agreed upon by both parties.

Arbitration Procedure. 55.01 Section 14.1. In the event a grievance is unresolved after being processed through all of the steps of the Grievance Proceduregrievance procedure, unless mutually waived or having passed through the various steps by timely default of the Employerwaived, then within thirty ten (3010) days after the rendering of the decision at Step 4 or a timely default by the Employer at Step 3, the Union grievant may submit the grievance to arbitration. An arbitrator Within this ten (10) day period, the parties will be selected by mutual agreementmeet to attempt to mutually agree upon an arbitrator. If such agreement is not reached, the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from will promptly request the Federal Mediation and Conciliation Service (FMCS). Arbitrators names to submit a panel of arbitrators and will be stricken alternately from choose one by the FMCS list until one (1) name remains who shall be designated the arbitrator to hear the grievance in questionalternative strike method. 55.02 Section 14.2. The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 Section 14.3. The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 Section 14.4. The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be split between the parties. All other expenses shall be borne by the party losing the grievanceincurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 The arbitrator's decision Section 14.5. An employee requested to appear at the arbitration hearing by either party shall attend without the necessity of subpoena and award shall be compensated at his regular hourly rate of pay for all hours while the employee is testifying, including reasonable waiting time to testify. Any request made by either party for the attendance of witnesses shall be made in good faith, and at no time shall the number of employees in attendance exceed two (2) employees, unless approved of by the Chief. {6/30/2022 AGCPLTW 00282670.DOCX} DocuSign Envelope ID: 6FA3C149-3282-42C9-89FF-142B179EDCA2 ARTICLE24 COMPENSATION Section 24.1. Upon execution of this Agreement, and continuing through December 31, 2024, Part-Time Patrol Officers shall be paid as follows: Effective with the first full pay period following January 1, 2022 $24.87 Effective with the first full pay period following January 1, 2023 $25.62 (3.0%) Effective with the first full pay period following January 1, 2024 $26.39 (3.0%) Section 24.2. As soon as practicable after this Agreement has been ratified by the parties, all bargaining unit members will be required to receive their pay by direct deposit. ARTICLE25 EDUCATIONALINCENTIVE Section 25.1. During the term of this Agreement, the Township shall pay $1.00 per hour for each hour of approved advanced police training accumulated by a bargaining unit member, not to exceed $650.00 per bargaining unit member per year. Hours earned within the preceding five (5) year period pursuant to this section shall be cumulative for payment purposes, and the compensation earned under this section may be combined with other incentives provided in writing and delivered within thirty this article, subject to Section 25.5. Section 25.2. Any employee who has received an Associate's Degree shall receive additional pay in the amount of five hundred dollars (30$500.00) days from annually. Section 25.3. Any employee who has received a Bachelor's Degree shall receive additional pay in the date the record is closedamount of one thousand dollars ($1,000.00) annually. Section 25.4. The decision of the arbitrator compensation earned under Sections 25.2 and 25.3 shall not be final and binding upon the parties. 55.07 Except cumulative, except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service25.1. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 44.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default time limit default(s) of the Employer, then within thirty fourteen (3014) days after the rendering of the decision at Step 4 or a timely time limit default by the Employer at Step 34, the Union may submit the grievance to arbitration. An Within this fourteen (14) day period, the parties will meet to attempt to mutually agree upon an arbitrator will be selected from the permanent panel created by mutual agreementthis procedure. If the parties cansuch agreement is not agree within (30) days from the Union's intent to arbitratereached, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators panel members' names will be stricken alternately from the FMCS list (Union striking first) until one (1) name remains remains, who shall be designated the arbitrator to hear the grievance in question. 55.02 44.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 44.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days days, except by the mutual written agreement of the parties. 55.04 44.04 The hearing or hearings hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 44.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the losing party. All other expenses shall be borne by the party losing the grievanceincurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 44.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, 44.07 There is hereby created a permanent panel of arbitrators shall to be selected used for the selection of arbitrators pursuant to the rules and procedures of the Federal Mediation and Conciliation Servicethis Arbitration Procedure. Those individuals placed on this panel shall be: a) ▇▇. ▇▇▇▇▇ ▇. Pincus; b) ▇▇▇▇▇ ▇▇▇▇▇, Esq. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 36.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty ten (3010) calendar days after the rendering of the decision at Step 4 3 or a timely default by the Employer at Step 3, the Union may submit the grievance to arbitration. An Within this ten (10) day period, the parties will meet to attempt to mutually agree upon an arbitrator will be selected from the permanent panel created by mutual agreementthis procedure. If such agreement is not reached, then the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators panel members' names will be stricken alternately from the FMCS list (Union striking first) until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 55.02 36.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 36.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 36.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 36.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne divided equally by the party losing the grievanceparties. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 36.06 The arbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators 36.07 Arbitrators shall be selected pursuant to the rules and procedures of from a list provided by the Federal Mediation and Conciliation ServiceServices (FMCS). Selection shall be by striking of names by the Union and the City. First to strike shall be determined by a flip of the coin. 55.08 36.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 In the event 30.01 If a grievance is unresolved after being processed through all of the steps of by the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of aggrieved party may submit the Employer, then within grievance to arbitration not less than thirty (30) days after following the rendering completion of the decision at Step 4 Grievance Procedure. The grievance must concern either a contract violation or a timely default by the Employer at Step 3discipline of one (1) day or more off. Within ten (10) days thereafter, the parties shall meet to attempt to mutually agree upon an Arbitrator. Union may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within request a panel of seven (307) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators Arbitrators from the Federal Mediation and Conciliation Service (FMCS)Service. Arbitrators names will The Arbitrator shall be stricken alternately from selected by the FMCS list parties using the alternative strike method until one (1) name remains Arbitrator remains, who shall be designated the arbitrator to hear the grievance in questiongrievance. 55.02 30.02 The arbitrator shall have Arbitrator has no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions term or condition of this Agreement. 55.03 30.03 The arbitrator Arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days day(s) except by the mutual written agreement of the parties. 55.04 30.04 The hearing or hearings arbitration hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Servicein accordance with FMCS rules. 55.05 30.05 The fees and expenses of the arbitrator Arbitrator and the cost of the hearing room, if any, are assessed against the party losing the grievance or split equally between the parties upon a split award. All other expenses shall be borne by the party losing the grievanceincurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 30.06 The arbitrator's decision of the Arbitrator, and any award will made, shall be in writing and delivered within thirty (30) calendar days from the date the record is closedfinal day of hearing, unless extended, by agreement. The decision of the arbitrator Arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 30.07 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union may have failed to fairly represent a member of the bargaining unit Bargaining Unit during the exercise of his any rights as provided by the Grievance and and/or Arbitration Procedures herein containedProcedures.

Arbitration Procedure. 55.01 36.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) calendar days after the rendering of the decision at Step 4 or a timely default by the Employer at Step 34, the Union may submit the grievance to arbitration. An Within this ten (10) calendar day period, the parties will meet to attempt to mutually agree upon an arbitrator will be selected from the permanent panel created by mutual agreementthis procedure. If such agreement is not reached, then the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators panel members’ names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 55.02 36.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 36.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 36.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 36.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be split evenly between the parties. All other costs shall be borne by the party losing the grievanceincurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 36.06 The arbitrator's ’s decision and award will be in writing and delivered within thirty (30) calendar days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 34.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default time limit default(s) of the Employer, then within thirty ten (3010) days after the rendering of the decision at Step 4 3, or a timely time limit default by the Employer at Step 3, the Union aggrieved party may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If Within this ten (10) day period, the parties cannot agree within (30) days from the Union's intent will meet in an attempt to arbitratemutually select an arbitrator, the Union shall require a list of arbitrators will file for an arbitration panel from the Federal Mediation mediation and Conciliation Service (FMCS). Arbitrators They will request only names will be stricken alternately from the FMCS list until one State of Ohio, Metropolitan Region. Within fifteen (115) name remains who days of receipt of the arbitration panel, the parties shall be designated select an arbitrator through the arbitrator to hear alternative strike method, with the grievance in questionUnion striking first. 55.02 34.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement Agreement, or to make any award requiring the commission of any act prohibited by law law, or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 34.03 The arbitrator shall not decide more than one (1) grievance on o the same hearing day or series of hearing days days, except by the mutual written agreement of the parties. 55.04 34.04 The hearing or hearings hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration and Regulations of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 34.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. In the event the arbitrator renders a split decision by neither denying nor sustaining the grievance in full, the costs of the arbitration shall be split equally between the parties. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 34.06 The arbitrator's ’s decision and award will be in writing and delivered within thirty (30) days das from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 34.07 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his his/her rights as provided by the Grievance and Arbitration Procedures procedures herein contained. 34.08 The Arbitrator will be agreed upon by both parties.

Arbitration Procedure. 55.01 52.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty ten (3010) days after the rendering of the decision at Step 4 5 or a timely default by the Employer at Step 34, the Union may submit the grievance to arbitration. An Within this ten (10) day period, the parties will meet to attempt to mutually agree upon an arbitrator will be selected from the permanent panel created by mutual agreementthis procedure. If such agreement is not reached, then the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators panel members’ names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 55.02 52.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner manner, alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 52.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 52.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 52.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, any shall be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 52.06 The arbitrator's ’s decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.thirty

Arbitration Procedure. 55.01 41.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty twenty (3020) days after the rendering of the decision at Step 4 3 or a timely default by the Employer at Step 3, the Union aggrieved party may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If Within this twenty (20) day period, the parties cannot agree within (30) days from the Union's intent shall meet to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated the arbitrator attempt to hear the grievance in question.mutually agree 55.02 41.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner manner, alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 41.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days days, except by the mutual written agreement of the parties. 55.04 41.04 The hearing or hearings hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceAmerican Arbitration Association. 55.05 41.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall will be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 41.06 The arbitrator's ’s decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 41.07 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 Section 9.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the EmployerCity, then within thirty ten (3010) days after the rendering of the decision at Step 4 or a timely default by the Employer City at Step 34, the Union aggrieved party and the Part-time F.F.'s may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If The Employer and the parties cannot chosen representative shall agree within (30) days from the Union's intent to arbitrate, the Union shall require request a list of five (5) impartial arbitrators from FMCS within ten (10) working days of submission of the Federal Mediation request for arbitration. The parties shall meet to select an arbitrator within ten (10) working days of submission of the request for arbitration. The parties shall meet to select an arbitrator within ten (10) working days of receipt of the list. For the first arbitration between the Employer and Conciliation Service (FMCS). Arbitrators names will the Part-time F.F.'s during the term of this Agreement, the Part-time F.F.'s shall be stricken alternately the first to strike a name from the FMCS list list, then the other party shall strike a name, and alternate in this manner until one (1) name remains who on the list. The remaining name shall be designated as the arbitrator to hear the grievance dispute in question. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. 55.02 Section 9.02 The arbitrator shall have no power or authority to add to, subtract from, from or in any manner manner, alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 Section 9.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days days, except by with the mutual written agreement of the both parties. 55.04 Section 9.04 The hearing or hearings (s) shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation ServiceServices. 55.05 Section 9.05 The fees and expenses of the arbitrator and the cost of the hearing room, room if any, shall any will be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 Section 9.06 The arbitrator's ’s decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall only be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 51.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 3 or a timely default by the Employer at Step 3, the Union may submit the grievance to arbitration by submitting to the City Manager a written demand for arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within Ten (3010) days from the Union's intent to arbitrateafter submitting its demand for arbitration, the Union shall require a list of arbitrators from request the Federal Mediation and Conciliation Service to provide the parties duplicate panels of nine (FMCS)9) arbitrators from within the State of Ohio and a copy of the request shall be simultaneously mailed to the Employer. Arbitrators names If the parties are unable to agree upon which of those nine nominees shall serve as arbitrator, then the arbitrator will be stricken chosen by each party alternately from striking names, beginning with the FMCS list until moving party, and the name remaining shall be the arbitrator. Either party shall have the option to completely reject one (1) name remains who shall be designated panel of arbitrators provided by the arbitrator to hear the grievance in questionFMCS and request another list. 55.02 51.02 The arbitrator Arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 . The arbitrator Arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 55.04 . The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation and Conciliation Service. 55.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 The arbitratorArbitrator's decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The Arbitrator's award and decision of the arbitrator shall be final and binding upon on the partiesEmployer, the Union and all affected employees. 55.07 Except as provided in Section 55.01 above, arbitrators 51.03 The hearing or hearings shall be selected conducted pursuant to the rules and procedures of the Federal Mediation and Conciliation ServiceService to the extent consistent with the terms of this Article 51. 55.08 51.04 The Union agrees to indemnify fees and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member expenses of the bargaining unit during the exercise of his rights as provided arbitrator will be paid by the Grievance and Arbitration Procedures herein containedparty losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. The Employer shall provide a permanent hearing room. In the event of a "split" award, the Arbitrator shall apportion the Arbitrator's costs.

Arbitration Procedure. 55.01 In A. On or after the event a grievance is unresolved after being processed through all date of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty (30) days after the rendering of the decision at Step 4 or a timely default by the Employer at Step 3notice to invoke arbitration, the Union may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within (30) days from the Union's intent to arbitrate, Agency and the Union shall require will submit a list of arbitrators from joint request to the Federal Mediation and Conciliation Service (FMCS)) to provide a list of seven impartial persons to act as an arbitrator. Arbitrators names The parties shall meet within ten (10) calendar days after receipt of such list to select an arbitrator. If the parties cannot mutually agree on one of the listed arbitrators, the Union and the Agency will alternate the opportunity to strike first, and then each party will alternatively strike one arbitrator from the list and the remaining person will be stricken alternately from the duly selected arbitrator. Following the selection, the Agency will, within fourteen (14) calendar days, notify the FMCS list until one of the name of the arbitrator selected. A copy of the notification will be served on the Union. The time limits may be extended by mutual consent. B. The Federal Mediation and Conciliation Service (1FMCS) name remains who shall be designated the will designate an arbitrator to hear the grievance case in questionthe event either party refuses to participate in the selection of an arbitrator or upon inaction or undue delay on the part of either party. 55.02 C. Within forty-five (45) calendar days after arbitration is invoked, the Parties shall agree upon a hearing date. If the Parties cannot agree upon a hearing date within the forty-five (45) calendar days, the arbitrator has unilateral authority to schedule the hearing. If the hearing date is not scheduled within ninety (90) calendar days after arbitration is invoked, the parties will jointly contact the FMCS for a hearing date. D. The arbitration hearing will be held at the Agency’s Headquarters, Beightler Armory, Columbus, Ohio, during regular duty hours of the basic workweek, unless the Parties agree otherwise. Where appropriate, the Parties will consider the use of long-distance telephone and/or video-conferencing during the arbitration hearing for the taking of testimony of witnesses whose assigned duty station is outside the commuting area of the site selected. E. The grievant, the grievant’s representative, and all technicians and/or employees who are approved as witnesses and who are in a regular duty status, shall be excused from other assignments to the extent necessary to participate in the arbitration proceeding without loss of pay or the charge of leave. Upon sufficient advance notice from the Union, the Agency will rearrange necessary witnesses’ schedules and place them on duty during the arbitration hearing. F. The arbitrator’s fees and expenses shall be borne equally by the parties. A verbatim transcript of the arbitration shall be made (unless mutually waived). The cost of the transcript will be shared equally. It is understood that any per diem costs of the arbitrator are governed by applicable government travel rules and regulations and will be shared equally by the Parties. In any grievance where the Parties settle the matter prior to an arbitration hearing, both Parties will share equally any fees charged by the arbitrator. Each Party will bear the costs associated with preparing and presenting its own case in arbitration. Each party will bear the costs of office supplies, non-agency employees being called as a witness, non-agency personnel, associated with preparing and presenting its own case in arbitration. G. The arbitrator shall have has no power or authority to add to, subtract from, disregard, alter, or in modify any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms Agency’s policy and conditions of this Agreementregulations. 55.03 H. The procedures used to conduct an arbitration hearing shall be determined by the arbitrator, except to the extent provided herein. Both parties shall be entitled to call and cross-examine witnesses before the arbitrator. I. In all cases in which a technician or employee challenges a final rating of record in a performance appraisal, the evidentiary standard shall be substantial evidence. J. The arbitrator shall not have the authority to make all arbitrability and/or grievability determinations. To the extent possible, the arbitrator shall make grievability and/or arbitrability determinations prior to addressing the merits of the original grievance. The Parties are free to decide more than one (1) grievance by mutual agreement to approach the arbitrator prior to the hearing for a ruling on the same arbitrability question(s). K. By mutual agreement, the Parties may arrange for a pre-hearing day conference, with or series without the arbitrator, to consider possible settlement and means of hearing days except expediting the hearing. For example, this can be done by reducing the mutual written agreement issue(s) to writing, stipulating the facts, outlining intended offers of proof, authenticating proposed exhibits, and/or waiving the use of a transcript. L. The Parties will attempt to submit a joint statement of the partiesissue or issues to the arbitrator. If the Parties fail to agree on a joint submission, each shall make a separate submission. The arbitrator shall determine the issue or issues to be heard. 55.04 M. The hearing or hearings shall be conducted pursuant Parties agree to exchange a complete list of prospective witnesses at least fifteen (15) calendar days prior to the Rules hearing. The Parties shall attempt to mutually agree on witnesses to testify at the hearing. To the extent the Parties cannot agree on appropriate witnesses, the Parties may either submit a list of Voluntary Arbitration of disputed witnesses to the Federal Mediation and Conciliation Servicearbitrator at the hearing for a determination or request in writing prior to the hearing that the arbitrator make a determination as to those witnesses. 55.05 N. The fees Parties will be entitled to submit pre-hearing and expenses of post-hearing briefs, provided that all documents given to the arbitrator and are also provided to the cost of opposing party’s representative at the hearing room, if any, shall be borne by the party losing the grievance. Neither party shall be responsible for any of the expenses incurred by the other partysame time. 55.06 O. The arbitrator's arbitrator will strive to issue a decision and award will be in writing and delivered within thirty sixty (3060) calendar days from the date the record is closed. The decision close of the record. His/her award or recommendation shall be limited to the issue(s) stipulated to by the Parties or determined by the arbitrator pursuant to this Article. P. The arbitrator’s written decision shall include findings of facts and an opinion containing the reasoning and basis for his/her decision on all issues which were heard. Q. The arbitrator’s decision shall be final and binding upon binding. However, either party may file an exception to the parties. 55.07 Except as provided arbitrator’s award in Section 55.01 above, arbitrators accordance with applicable law and regulations. Any dispute over the interpretation of an arbitrator’s award shall be selected pursuant returned to the rules and procedures of the Federal Mediation and Conciliation Servicearbitrator for settlement. 55.08 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.

Arbitration Procedure. 55.01 39.01 In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of the Employer, then within thirty twenty (3020) days after the rendering of the decision at Step 4 3 or a timely default by of the Employer at Step 3, the Union aggrieved party may submit the grievance to arbitration. An arbitrator will be selected by mutual agreement. If the parties cannot agree within (30) days from the Union's intent to arbitrate, the Union shall require a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS). Arbitrators names will be stricken alternately from the FMCS list until one (1) name remains who shall be designated the arbitrator to hear the grievance in question.to 55.02 39.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner manner, alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 55.03 39.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days days, except by the mutual written agreement of the parties. 55.04 39.04 The hearing or hearings hearing(s) shall be conducted pursuant to the Rules of Voluntary Arbitration of the Federal Mediation American Arbitration Association unless otherwise agreed by the Union and Conciliation Servicethe Employer. 55.05 39.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall will be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 55.06 39.06 The arbitrator's ’s decision and award will be in writing and delivered within thirty (30) days from the date the record is closed. The decision of the arbitrator shall be final and binding upon the parties. 55.07 Except as provided in Section 55.01 above, arbitrators shall be selected pursuant to the rules and procedures of the Federal Mediation and Conciliation Service. 55.08 39.07 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration Procedures herein contained.