Formal Steps. Step One Step Two 1. CIR may appeal in writing the Director of Labor Relations' decision by filing a written demand for Arbitration with the New Jersey Public Employment Relations Commission within twenty-one (21) calendar days of receipt of the written decision. However, should the Hospital assert during Step One of the grievance procedure that the grievance is barred or waived by CIR's failure to follow procedures or adhere to the time limits specified in this Article, then CIR shall file for arbitration with the New Jersey Board of Mediation. 2. The arbitrator shall conduct a hearing and investigation to determine the facts and render a decision for the resolution of the grievance. The parties agree that the decision of the arbitrator shall be final and binding. The arbitrator shall neither add to, subtract from, modify, or alter the terms and provisions of this Agreement or determine any dispute involving the exercise of a management function which is within the authority of the hospital as set forth in Article III (Management Rights). Arbitration shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted. 3. The arbitrator shall not substitute his or her judgment for academic or medical judgments rendered by the persons charged with making such judgments, nor shall the arbitrator review such decisions except for the purpose of determining whether the decision has violated this Agreement and, if so, to determine an appropriate remedy. A matter involving an academic or medical judgment shall be one that relates to the Housestaff Officer's acquisition of medical knowledge as well as the development of the clinical skills necessary to function as a Podiatrist. The fees and expenses of the arbitrator and recording of the procedure shall be divided equally between the parties. Any other cost of this proceeding shall be borne by the party incurring the cost. 4. Upon receipt of the arbitrator's award, corrective action, if any will be implemented as soon as practical, but in any event no later than thirty (30) calendar days after the receipt of the arbitrator's award, unless a party challenges the award within thirty (30) days. In the event such legal remedy is pursued, corrective action will be implemented no later than thirty (30) calendar days after final resolution by the courts.
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Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement