Common use of Step IV Clause in Contracts

Step IV. 1) If the grievance remains unresolved at the conclusion of Step III, the grievance may be submitted by: a. the aggrieved party, the Association or the Employer, for binding arbitration, under 2), 3), 4) and 5) below, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered, or b. the employee, to the Police Commission, pursuant to Montana Code ▇▇▇. 7-32-4155 and 7-32-4164, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of five (5) names of arbitrators. Within seven (7) days of the receipt of the list, the parties shall select an arbitrator by striking two names from the list in alternate order, with the charging party striking first, and the name thus remaining shall be forwarded to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Employer and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator. 3) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the Association and to the Employer within the prescribed time limits, shall be final and binding and shall be subject to rulings in a court of competent jurisdiction. 4) The arbitrator shall have no power to add to, subtract from, or alter or vary in any manner the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted by the parties and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except to the extent that this Agreement supersedes any such rule, law or regulation. No single monetary award by the arbitrator shall exceed the sum of Five Hundred Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00), except any such award related to required, essential uniform items damaged or destroyed in the performance of necessary services while on duty. The arbitrator shall in no way comment on the amount of award except to specify the amount. 5) The fees and expenses of the arbitrator shall be shared jointly and equally by the Association and the Employer. Neither party shall be required to pay any part of the cost of a stenographic record without its consent.

Step IV. 1) If the alleged grievance remains unresolved is not resolved at the conclusion of Step III, the grievant or the association may request, in writing, that the association submit the alleged grievance may to arbitration. If the association through its representative counsel determines that the grievance will be submitted by: a. the aggrieved partyto arbitration, the association, after written notice to the district, and within fifteen (15) work days after receipt of the Board's determination, may submit the grievance to binding arbitration. The Arbitration Committee's deliberation will be limited to the statement of grievance and proposed resolution. Further, the Arbitration Committee will be without power to make a decision which requires commission of an act prohibited by law or which is outside the scope of this Agreement. If any question arises as to arbitrability, such question will first be ruled upon by Arbitration Committee selected to hear the dispute. The Arbitration Committee shall be composed of three (3) members: one selected by the association, one selected by the district, and the third to be a certified Arbitrator registered with the American Arbitration Association or and jointly selected by the Employer, two previously named individuals. The association and the district shall name their respective committee members within seven (7) work days of written demand for binding arbitration, under 2), 3), 4) and . The selection of the third member shall be made within five (5) below, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) work days of the decision at Step III or within thirty (30) days time of selection of the date last of the Step III meeting in two committee members, and shall be made from a list of arbitrators provided by the event no decision has been rendered, or b. the employee, to the Police Commission, pursuant to Montana Code ▇▇▇American Arbitration Association. 7-32-4155 and 7-32-4164, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an the arbitrator within seven five (75) work days, the arbitrator shall be selected by the American Arbitration Association (AAA) in accordance with its rules. The individual selected by the committee members representing the association and the Board, or by the AAA, will service as chairman. The parties shall be bound by the rules of the American Arbitration association except as may be provided herein. Within fifteen (15) work days following completion of staffing of the Arbitration Committee, the Arbitration Committee will confer with the representatives of the Board and the association, hold the hearing, and will issue a decision not later than twenty (20) work days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of five (5) names of arbitrators. Within seven (7) days close of the receipt of the listhearing, the parties shall select an arbitrator by striking two names or, if oral hearings have been waived, then from the list in alternate order, with date that the charging party striking first, final statements and the name thus remaining shall be forwarded proof are submitted to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Employer and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator. 3) Rules of procedure to govern the hearing shall be fixed by the arbitrator, association and the award, when signed by the arbitrator and submitted to the Association and to the Employer within the prescribed time limits, shall be final and binding and upon the parties. Each party shall be subject to rulings responsible for costs incurred for their respective appointed representative on the Arbitration Committee. The costs for services of the Arbitrator, including per diem expenses, travel and substitute expenses and the cost of any hearing room, shall be borne solely by the party or parties initiating the request for arbitration under Step IV. The award of the arbitrator may be entered in a any court of competent jurisdiction. 4) The arbitrator shall have no power to add , and if the initiating party of such judicial action does not prevail in the litigation, such party will bear the full costs of such legal action including, but not limited to, subtract fromthe adverse party's court costs, or alter or vary in any manner the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted by the parties and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except to the extent that this Agreement supersedes any such rule, law or regulation. No single monetary award by the arbitrator shall exceed the sum of Five Hundred Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00), except any such award related to required, essential uniform items damaged or destroyed in the performance of necessary services while on duty. The arbitrator shall in no way comment on the amount of award except to specify the amount. 5) The legal fees and other related expenses incurred as a result of the arbitrator shall be shared jointly and equally by the Association and the Employer. Neither party shall be required to pay any part of the cost of a stenographic record without its consentdefending such action.

Step IV. 1) Arbitration 15.5.1 If the grievance remains unresolved at has been properly processed through the conclusion previous steps of Step IIIthe procedure and not resolved, the appropriate Union representative may appeal the grievance may be submitted by: a. to arbitration. The Union representative shall notify the aggrieved partyDirector of Human Resources, the Association or the Employerin writing, for binding arbitration, under 2), 3), 4) and 5) below, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III or within thirty (30) calendar days following receipt by the employee of the date written answer at Step III. 15.5.2 Within fourteen (14) calendar days following the receipt of the notice of appeal to Step III IV, a meeting in shall be arranged by the event no decision has been renderedDirector of Human Resources with the appropriate Union representative to prepare a joint statement of the issue, or b. or issues, to be presented to the employeearbitrator. If the parties are unable to agree upon the issue, or issues, each party will prepare its statement of the issue, or issues, and jointly submit the separate statement of issue, or issues, to the Police Commission, pursuant to Montana Code ▇▇▇. 7-32-4155 and 7-32-4164, provided that written notice arbitrator for determination. 15.5.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request for submission is delivered the American Arbitration Association (AAA) to the opposing party within twenty (20) days provide a list of the decision at Step III or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an arbitrator within seven (7) days from persons qualified to act as arbitrators. 15.5.4 Absent the date of notification that arbitration will be pursuedparties reaching a stipulation as to an arbitrator, the Board of Personnel Appeals shall be called upon to submit a list of within five (5) names of arbitrators. Within seven (7) working days of the following receipt of the above-referenced list, the parties shall meet to select an arbitrator the arbitrator. The right to strike the first name shall be determined by striking two names lot and the parties shall alternatively strike one (1) name from the list in alternate order, with the charging party striking firstuntil only one (1) name remains, and the name thus remaining that person shall be forwarded to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Employer and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator. 3) Rules of procedure to govern 15.5.5 The arbitrator shall hold a hearing on the hearing shall be fixed by the arbitratorissue, and the awardor issues, when signed submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and submitted to render a written opinion and reasons for the Association and to opinion as soon after the Employer within the prescribed time limits, hearing as possible. The arbitrator's opinion shall be final and binding on both parties, and shall be subject limited to rulings in a court of competent jurisdictionthe issue, or issues, involved. Either party may elect to have representation by legal counsel for those arbitration hearings. 4) 15.5.6 The arbitrator opinion shall have no power be sent to add to, subtract from, or alter or vary in any manner the express terms Director of this Agreement, nor imply any restriction or burden against either Human Resources and to the employee and appropriate representative of the Union. 15.5.7 The parties agree each party that has not been assumed in this Agreement. The arbitrator shall consider pay for the time and decide only the specific issue(s) submitted by the parties expenses of its representatives and witnesses and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except contribute equally to the extent that this Agreement supersedes any such rule, law or regulation. No single monetary award by the arbitrator shall exceed the sum of Five Hundred Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00), except any such award related to required, essential uniform items damaged or destroyed in the performance of necessary services while on duty. The arbitrator shall in no way comment on the amount of award except to specify the amount. 5) The fees fee and expenses of the arbitrator shall be shared jointly and equally by arbitration hearing. 15.5.8 The parties agree that the Association and the Employer. Neither party shall be required to pay any part time limits set forth herein are of the cost essence of a stenographic record without its consentthis procedure and are to be strictly complied with.

Step IV. 1) Arbitration 13.5.1 If the grievance remains unresolved at has been properly processed through the conclusion previous steps of Step IIIthe procedure and not resolved, the appropriate Union representative may appeal the grievance may be submitted by: a. to arbitration. The Union representative shall notify the aggrieved partyExecutive Director, the Association or the Employerin writing, for binding arbitration, under 2), 3), 4) and 5) below, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) calendar days following receipt by the employee of the decision written answer at Step III or within thirty III. 13.5.2 Within ten (3010) working days following the receipt of the date notice of appeal to Step IV, a meeting shall be arranged by the Executive Director with the appropriate Union representative to prepare a joint statement of the Step III meeting in issue, or issues, to be presented to the event no decision has been renderedarbitrator. If the parties are unable to agree upon the issue, or b. or issues, each party will prepare its statement of the employeeissue, or issues, and jointly submit the separate statement of issue, or issues, to the Police Commission, pursuant to Montana Code ▇▇▇. 7-32-4155 and 7-32-4164, provided that written notice arbitrator for determination. 13.5.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request for submission is delivered the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) to the opposing party within twenty (20) days provide a list of the decision at Step III or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an arbitrator within seven (7) days from persons qualified to act as arbitrators. 13.5.4 Absent the date of notification that arbitration will be pursuedparties reaching a stipulation as to an arbitrator, the Board of Personnel Appeals shall be called upon to submit a list of within five (5) names of arbitrators. Within seven (7) working days of the following receipt of the above-referenced list, the parties shall meet to select an arbitrator the arbitrator. The right to strike the first name shall be determined by striking two names lot and the parties shall alternatively strike one (1) name from the list in alternate order, with the charging party striking firstuntil only one (1) name remains, and the name thus remaining that person shall be forwarded to the Board of Personnel Appeals. arbitrator 13.5.5 The Board of Personnel Appeals arbitrator shall notify hold a hearing on the arbitrator of his selection. The date of the arbitration hearing shall be arranged issue, or issues, submitted, or as determined by the arbitrator in consultation with if the Employer parties have not mutually agreed upon the issue, or issues, and the Association. Within thirty (30) days of the date render an opinion as soon as the hearing is closed, the arbitrator shall make an award unless other time limits are required of the concludes. The arbitrator. 3) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the Association and to the Employer within the prescribed time limits, 's opinion shall be final and binding on both parties, and shall be subject limited to rulings in the issue, or issues, involved. The parties to the grievance agree that the arbitration hearing shall: 1) not be represented by attorneys at the hearing; 2) shall not use a court reporter; 3) the parties will not file post hearing briefs; and 4) that the parties agree the arbitrator must issue a bench decision on the day of competent jurisdictionthe hearing at the conclusion of the proceedings; and, 5) the parties agree to pay equally the cost of the arbitrator. The parties further agree that the above listed conditions are principal provisions in the arbitration process that shall be adhered to unless the parties otherwise mutually agree to any other terms. 4) 13.5.6 The arbitrator shall have no power to add to, subtract from, or alter or vary in any manner the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted by the parties and shall have no authority to make a decision on any other issue not so submitted. The arbitrator opinion shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except sent to the extent that this Agreement supersedes any such ruleProgram Coordinator and to the employee, law or regulation. No single and appropriate representative of the Union. 13.5.7 In the event the opinion contains a monetary award by the arbitrator shall exceed the sum of Five Hundred which exceeds One Thousand Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.001000.00), except any such award related the opinion shall be, advisory only to required, essential uniform items damaged or destroyed in the performance Board of necessary services while on dutyDirectors. The arbitrator Board of Directors may, within fourteen (14) calendar days of receipt of the award, elect to review the award and issue a decision adopting or rejecting or modifying the award. If the Board does not elect to review the opinion within the fourteen (14) calendar days, the opinion shall in no way comment be deemed final and binding on the amount of award except to specify the amountparties. 5) The fees 13.5.8 Witnesses who are employees and expenses on "duty at the 'time of a scheduled appearance before the arbitrator shall be shared jointly and equally released from duty for the time required to testify. 13.5.9 Individual grievant shall be released from duty for the time of the arbitration hearing. One spokesperson shall be permitted to be present for grievances filed by the Association and Union. 13.5.10 The parties agree that the Employer. Neither party shall be required to pay any part time limits set forth herein are of the cost essence of a stenographic record without its consentthis procedure and are to be strictly complied with. Extensions to these time limits can be made only in writing signed by representatives of each party.

Step IV. a. Any grievance not settled in Step III above may be referred to arbitration. Notice to refer a grievance to arbitration shall be given in writing within fifteen (15) days after being notified of the decision rendered in Step III or the matter will be considered closed. Only one (1) If the grievance remains unresolved at the conclusion of Step III, the grievance may be submitted by:to or under review by any one (1) Arbitrator at any one (1) time unless by prior mutual written consent of the parties. a. b. In the aggrieved event the parties are unable to agree upon an Arbitrator within seven (7) days after arbitration is invoked, then they shall jointly petition the Federal Mediation and Conciliation Service, which shall submit a panel of seven (7) qualified arbitrators, and the parties shall select a single arbitrator from such panel. The Arbitrator shall be appointed by mutual consent of the parties hereto. If the arbitrators included in this panel are unacceptable to either party, a second panel shall be requested from the Association or the Employer, for binding arbitration, under 2), 3), 4) Federal Mediation and 5) below, provided that written notice of the request for submission is delivered Conciliation Service and a single arbitrator selected from this panel. c. Any grievance referred to the opposing party within twenty (20) days of the arbitration shall be heard as soon as possible and a decision at Step III or rendered within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered, or b. the employee, to the Police Commission, pursuant to Montana Code ▇▇▇. 7-32-4155 and 7-32-4164, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III hearing or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of five (5) names of arbitrators. Within seven (7) days postmark of the receipt of the list, the parties shall select an arbitrator by striking two names from the list in alternate order, with the charging party striking first, and the name thus remaining shall be forwarded to the Board of Personnel Appealspost hearing briefs. The Board of Personnel Appeals shall notify the arbitrator of his selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Employer and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator. 3) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the Association and to the Employer within the prescribed time limits, shall be final and binding and shall be subject to rulings in a court of competent jurisdiction. 4) The arbitrator Arbitrator shall have no power to add toto or subtract from or change, subtract frommodify or amend 12 any of the provisions of this Agreement. The decision rendered by the Arbitrator will be final and binding upon the Union, or alter or vary in any manner the express Company, the grievant, and all the employees covered by this Agreement. The Arbitrator selected pursuant to this Article shall interpret and apply the terms of this Agreement; the Arbitrator shall not substitute the arbitrator's discretion and judgement for that of the Company. If the Arbitrator finds that a dischargeable offense was committed by the employee, nor imply the Arbitrator shall not substitute the Arbitrator's judgement for that of the Company as to whether discharge or a more lenient penalty was appropriate in a particular case. d. It is expressly agreed that no Arbitrator shall have the authority to decide any restriction or burden against either party that has not been assumed in matter involving the exercise of a right reserved to management under this Agreement. The arbitrator . e. Each party hereto shall consider pay the expense incurred in the presentation of its own case, and decide only the specific issue(s) submitted by the parties and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except expenses incident to the extent that this Agreement supersedes any such rule, law or regulation. No single monetary award by the arbitrator shall exceed the sum of Five Hundred Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00), except any such award related to required, essential uniform items damaged or destroyed in the performance of necessary services while on duty. The arbitrator shall in no way comment on the amount of award except to specify the amount. 5) The fees and expenses of the arbitrator Arbitrator, including the cost of the transcript, shall be shared jointly and equally by the Association Company and the Employer. Neither party shall be required to pay any part of the cost of a stenographic record without its consentUnion.

Step IV. 1) If the alleged grievance remains unresolved is not resolved at the conclusion of Step III, the grievant or the association may request, in writing, that the association submit the alleged grievance may to arbitration. If the association through its representative counsel determines that the grievance will be submitted by: a. the aggrieved partyto arbitration, the Association association, after written notice to the district, and within fifteen (15) work days after receipt of the Board's determination, may submit the grievance to binding arbitration. The Arbitration Committee's deliberation will be limited to the statement of grievance and proposed resolution. Further, the Arbitration Committee will be without power to make a decision which requires commission of an act prohibited by law or which is outside the Employerscope of this Agreement. If any question arises as to arbitrability, such question will first be ruled upon by Arbitration Committee selected to hear the dispute. The Arbitration Committee shall be composed of three (3) members: one selected by the association, one selected by the district, and the third to be a certified Arbitrator registered with the American Arbitration association and jointly selected by the two previously named individuals. The association and the district shall name their respective committee members within seven (7) work days of written demand for binding arbitration, under 2), 3), 4) and . The selection of the third member shall be made within five (5) below, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) work days of the decision at Step III or within thirty (30) days time of selection of the date last of the Step III meeting in two committee members, and shall be made from a list of arbitrators provided by the event no decision has been rendered, or b. the employee, to the Police Commission, pursuant to Montana Code ▇▇▇American Arbitration association. 7-32-4155 and 7-32-4164, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an the arbitrator within seven five (75) work days, the arbitrator shall be selected by the American Arbitration association (AAA) in accordance with its rules. The individual selected by the committee members representing the association and the Board, or by the AAA, will service as chairman. The parties shall be bound by the rules of the American Arbitration association except as may be provided herein. Within fifteen (15) work days following completion of staffing of the Arbitration Committee, the Arbitration Committee will confer with the representatives of the Board and the association, hold the hearing, and will issue a decision not later than twenty (20) work days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of five (5) names of arbitrators. Within seven (7) days close of the receipt of the listhearing, the parties shall select an arbitrator by striking two names or, if oral hearings have been waived, then from the list in alternate order, with date that the charging party striking first, final statements and the name thus remaining shall be forwarded proof are submitted to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Employer and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator. 3) Rules of procedure to govern the hearing shall be fixed by the arbitrator, association and the award, when signed by the arbitrator and submitted to the Association and to the Employer within the prescribed time limits, shall be final and binding and upon the parties. Each party shall be subject to rulings responsible for costs incurred for their respective appointed representative on the Arbitration Committee. The costs for services of the Arbitrator, including per diem expenses, travel and substitute expenses and the cost of any hearing room, shall be borne solely by the party or parties initiating the request for arbitration under Step IV. The award of the arbitrator may be entered in a any court of competent jurisdiction. 4) The arbitrator shall have no power to add , and if the initiating party of such judicial action does not prevail in the litigation, such party will bear the full costs of such legal action including, but not limited to, subtract fromthe adverse party's court costs, or alter or vary in any manner the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted by the parties and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except to the extent that this Agreement supersedes any such rule, law or regulation. No single monetary award by the arbitrator shall exceed the sum of Five Hundred Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00), except any such award related to required, essential uniform items damaged or destroyed in the performance of necessary services while on duty. The arbitrator shall in no way comment on the amount of award except to specify the amount. 5) The legal fees and other related expenses incurred as a result of the arbitrator shall be shared jointly and equally by the Association and the Employer. Neither party shall be required to pay any part of the cost of a stenographic record without its consentdefending such action.

Step IV. 1) Arbitration 15.5.1 If the grievance remains unresolved at has been properly processed through the conclusion previous steps of Step IIIthe procedure and not resolved, the appropriate Union representative may appeal the grievance may be submitted by: a. to arbitration. The Union representative shall notify the aggrieved partyDirector of Human Resources, the Association or the Employerin writing, for binding arbitration, under 2), 3), 4) and 5) below, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III or within thirty (30) calendar days following receipt by the employee of the date written answer at Step III. 15.5.2 Within fourteen (14) calendar days following the receipt of the notice of appeal to Step III IV, a meeting in shall be arranged by the event no decision has been renderedDirector of Human Resources -with the appropriate Union representative to prepare a joint statement of the issue, or b. or issues, to be presented to the employeearbitrator. If the parties are unable to agree upon the issue, or issues, each party will prepare its statement of the issue, or issues, and jointly submit the separate statement of issue, or issues, to the Police Commission, pursuant to Montana Code ▇▇▇. 7-32-4155 and 7-32-4164, provided that written notice arbitrator for determination. 15.5.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request for submission is delivered the American Arbitration Association (AAA) to the opposing party within twenty (20) days provide a list of the decision at Step III or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an arbitrator within seven (7) days from persons qualified to act as arbitrators. 15.5.4 Absent the date of notification that arbitration will be pursuedparties reaching a stipulation as to an arbitrator, the Board of Personnel Appeals shall be called upon to submit a list of within five (5) names of arbitrators. Within seven (7) working days of the following receipt of the above-referenced list, the parties shall meet to select an arbitrator the arbitrator. The right to strike the first name shall be determined by striking two names lot and the parties shall alternatively strike one (1) name from the list in alternate order, with the charging party striking firstuntil only one (1) name remains, and the name thus remaining that person shall be forwarded to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Employer and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator. 3) Rules of procedure to govern 15.5.5 The arbitrator shall hold a hearing on the hearing shall be fixed by the arbitratorissue, and the awardor issues, when signed submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and submitted to render a written opinion and reasons for the Association and to opinion as soon after the Employer within the prescribed time limits, hearing as possible. The arbitrator's opinion shall be final and binding on both parties, and shall be subject limited to rulings in a court of competent jurisdictionthe issue, or issues, involved. Either party may elect to have representation by legal counsel for those arbitration hearings. 4) 15.5.6 The arbitrator opinion shall have no power be sent to add to, subtract from, or alter or vary in any manner the express terms Director of this Agreement, nor imply any restriction or burden against either Human Resources and to the employee and appropriate representative of the Union. 15.5.7 The parties agree each party that has not been assumed in this Agreement. The arbitrator shall consider pay for the time and decide only the specific issue(s) submitted by the parties expenses of its representatives and witnesses and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except contribute equally to the extent that this Agreement supersedes any such rule, law or regulation. No single monetary award by the arbitrator shall exceed the sum of Five Hundred Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00), except any such award related to required, essential uniform items damaged or destroyed in the performance of necessary services while on duty. The arbitrator shall in no way comment on the amount of award except to specify the amount. 5) The fees fee and expenses of the arbitrator shall be shared jointly and equally by arbitration hearing. 15.5.8 The parties agree that the Association and the Employer. Neither party shall be required to pay any part time limits set forth herein are of the cost essence of a stenographic record without its consentthis procedure and are to be strictly complied with.

Step IV. (a) Any grievance not settled in Step III above may be referred to arbitration. Notice to refer a grievance to arbitration shall be given in writing within fifteen (15) days after being notified of the decision rendered in Step III or the matter will be considered closed. Only one (1) If the grievance remains unresolved at the conclusion of Step III, the (Arbitrability and grievance to be considered as a single grievance) may be submitted by:to or under review by any one (1) Arbitrator at any one (1) time unless by prior mutual written consent of the parties. a. (b) In the aggrieved event the parties are unable to agree upon an Arbitrator within seven (7) days after arbitration is invoked, then they shall jointly petition the Federal Mediation and Conciliation Service, which shall submit a panel of seven (7) qualified arbitrators, and the parties shall select a single arbitrator from such panel. The Arbitrator shall be appointed by mutual consent of the parties hereto. If the arbitrators included in this panel are unacceptable to either party, a second panel shall be requested from the Association or the Employer, for binding arbitration, under 2), 3), 4Federal Mediation and Conciliation Service and a single arbitrator selected from this panel. (c) Any grievance referred to arbitration shall be heard as soon as possible and 5) below, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the a decision at Step III or rendered within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered, or b. the employee, to the Police Commission, pursuant to Montana Code ▇▇▇. 7-32-4155 and 7-32-4164, provided that written notice of the request for submission is delivered to the opposing party within twenty (20) days of the decision at Step III hearing or within thirty (30) days of the date of the Step III meeting in the event no decision has been rendered. 2) If the parties cannot agree as to an arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of five (5) names of arbitrators. Within seven (7) days postmark of the receipt of the list, the parties shall select an arbitrator by striking two names from the list in alternate order, with the charging party striking first, and the name thus remaining shall be forwarded to the Board of Personnel Appealspost hearing briefs. The Board of Personnel Appeals shall notify the arbitrator of his selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Employer and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator. 3) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the Association and to the Employer within the prescribed time limits, shall be final and binding and shall be subject to rulings in a court of competent jurisdiction. 4) The arbitrator shall have no power to add toto or subtract from or change, subtract frommodify or amend any of the provisions of this Agreement. The decision rendered by the Arbitrator will be final and binding upon the Union, or alter or vary in any manner the express Company, the grievant, and all the employees covered by this Agreement. The Arbitrator selected pursuant to this Article shall interpret and apply the terms of this Agreement; he/she shall not substitute his/her discretion and judgement for that of the Company. If the Arbitrator finds that a dischargeable offense was committed by the employee, nor imply he/she shall not substitute his/her judgement for that of the Company as to whether discharge or a more lenient penalty was appropriate in a particular case. (d) It is expressly agreed that no Arbitrator shall have the authority to decide any restriction or burden against either party that has not been assumed in matter involving the exercise of a right reserved to management under this Agreement. The arbitrator . (e) Each party hereto shall consider pay the expense incurred in the presentation of its own case, and decide only the specific issue(s) submitted by the parties and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to render any decision which is contrary to or inconsistent with or which modifies or varies in any way applicable rules, laws or regulations, except expenses incident to the extent that this Agreement supersedes any such rule, law or regulation. No single monetary award by the arbitrator shall exceed the sum of Five Hundred Dollars ($500.00) and no collective monetary award by the arbitrator shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00), except any such award related to required, essential uniform items damaged or destroyed in the performance of necessary services while on duty. The arbitrator shall in no way comment on the amount of award except to specify the amount. 5) The fees and expenses of the arbitrator Arbitrator, including the cost of the transcript, shall be shared jointly and equally by the Association Company and the Employer. Neither party shall be required to pay any part of the cost of a stenographic record without its consentUnion.