Common use of Step Three - Arbitration Clause in Contracts

Step Three - Arbitration. If the member-grievant is not satisfied with the answer in Step Two, within fourteen (14) calendar days after receipt of the Step Two response, (or 14 days after the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Within fourteen (14) days of the Employer's receipt of the notice of intent to file under the grievance arbitration procedure, the parties may select a mutually acceptable arbitrator. However, in the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitration. The Request for Panel of Arbitrators shall specify FMCS Ohio arbitrators. Upon receipt of such list of arbitrators the parties may meet and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one (1) arbitrator, the parties shall then proceed to alternately strike one (1) name each from the list. Determination regarding which party shall have the privilege of striking a name from the list first shall be resolved by the toss of a coin. The individual whose name remains on the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned to the grievance. The arbitrator shall arrange with the parties the date, time and place of the meeting. The parties may mutually agree upon an arbitrator without requesting a list from the FMCS. Arbitration proceedings shall be conducted under the voluntary labor arbitration rules of the Federal Mediation and Conciliation Service, except as modified by the provisions of this Agreement. The arbitrator shall conduct a fair and impartial hearing concerning the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one grievance at a time, unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the arbitrator is empowered to rule hereunder has been referred to him, such dispute may be withdrawn by either party.

Step Three - Arbitration. If the member-grievant Association is not satisfied with the answer in decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, within fourteen (14) calendar days after receipt of or if no answer has been provided to the Grievant and the Association at Step Two responsewithin the time permitted for doing so, the Association may appeal the grievance to Step Three, Arbitration, by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or 14 days after the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Within fourteen (14) days other designated representative of the Employer's receipt ) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the notice of intent to file under the grievance arbitration procedure, the parties may select a mutually acceptable arbitrator. However, in the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14Employer) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitrationanswer at Step Two. The Request for Panel of Arbitrators Association’s Executive Director and the Employer’s Human Resources Manager shall specify FMCS Ohio arbitrators. Upon receipt of such list of arbitrators the parties may meet and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one an Arbitrator. If agreement cannot be reached within ten (110) arbitratorworkdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall then proceed mail his or her decision directly to alternately strike one the parties within thirty (130) name each from days of the listclose of the arbitration hearing, or such later date as approved by the parties. Determination regarding which party The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the privilege power to issue a subpoena to compel the attendance of striking a name from witnesses at the list first arbitration hearing. Such subpoenaed witness shall be resolved released by the toss Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a coin. The individual whose name remains on period as is necessary for the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned witness to report to the grievance. The arbitrator shall arrange with the parties the datehearing, time testify, and place of the meetingreturn to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may mutually agree upon an arbitrator without requesting a list from be used, but the FMCSparty just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Arbitration proceedings Grievances shall be conducted under arbitrated separately unless otherwise agreed in writing between the voluntary labor arbitration rules Employer and the Association. The fees and approved expenses of the Federal Mediation Arbitrator and Conciliation Service, except as modified the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the librarian or librarians involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this AgreementAgreement are expressly and exclusively reserved to the Association and the Employer. The arbitrator No librarian or group of librarians shall conduct have the right to appeal or process a fair and impartial hearing concerning grievance beyond Step Two of the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one grievance at a time, unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the arbitrator is empowered to rule hereunder has been referred to him, such dispute may be withdrawn by either partyprocedure.

Step Three - Arbitration. If the member-grievant Association is not satisfied with the answer in decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, within fourteen (14) calendar days after receipt of or if no answer has been provided to the Grievant and the Association at Step Two responsewithin the time permitted for doing so, the Association may appeal the grievance to Step Three arbitration by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or 14 days after the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Within fourteen (14) days other designated representative of the Employer's receipt ) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the notice of intent to file under the grievance arbitration procedure, the parties may select a mutually acceptable arbitrator. However, in the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14Employer) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitrationanswer at Step Two. The Request for Panel of Arbitrators Association’s Executive Director and the Employer’s Human Resources Manager shall specify FMCS Ohio arbitrators. Upon receipt of such list of arbitrators the parties may meet and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one an Arbitrator. If agreement cannot be reached within ten (110) arbitratorworkdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall then proceed mail their decision directly to alternately strike one the parties within thirty (130) name each from calendar days of the listclose of the arbitration hearing, or such later date as approved by the parties. Determination regarding which party The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the privilege power to issue a subpoena to compel the attendance of striking a name from witnesses at the list first arbitration hearing. Such subpoenaed witness shall be resolved released by the toss Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a coin. The individual whose name remains on period as is necessary for the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned witness to report to the grievance. The arbitrator shall arrange with the parties the datehearing, time testify, and place of the meetingreturn to their assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may mutually agree upon an arbitrator without requesting a list from be used, but the FMCSparty just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Arbitration proceedings Grievances shall be conducted under arbitrated separately unless otherwise agreed in writing between the voluntary labor arbitration rules Employer and the Association. The fees and approved expenses of the Federal Mediation Arbitrator and Conciliation Service, except as modified the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall the Arbitrator substitute their discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with their jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee or Employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this AgreementAgreement are expressly and exclusively reserved to the Association and the Employer. The arbitrator No Employee or group of Employees shall conduct have the right to appeal or process a fair and impartial hearing concerning grievance beyond Step Two of the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one grievance at a time, unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the arbitrator is empowered to rule hereunder has been referred to him, such dispute may be withdrawn by either partyprocedure.

Step Three - Arbitration. If the member-grievant Association is not satisfied with the answer in decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, within fourteen (14) calendar days after receipt of or if no answer has been provided to the Grievant and the Association at Step Two responsewithin the time permitted for doing so, the Association may appeal the grievance to Step Three arbitration by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or 14 days after the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Within fourteen (14) days other designated representative of the Employer's receipt ) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the notice of intent to file under the grievance arbitration procedure, the parties may select a mutually acceptable arbitrator. However, in the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14Employer) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitrationanswer at Step Two. The Request for Panel of Arbitrators Association’s Executive Director and the Employer’s Human Resources Manager shall specify FMCS Ohio arbitrators. Upon receipt of such list of arbitrators the parties may meet and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one an Arbitrator. If agreement cannot be reached within ten (110) arbitratorworkdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall then proceed mail his or her decision directly to alternately strike one the parties within thirty (130) name each from calendar days of the listclose of the arbitration hearing, or such later date as approved by the parties. Determination regarding which party The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the privilege power to issue a subpoena to compel the attendance of striking a name from witnesses at the list first arbitration hearing. Such subpoenaed witness shall be resolved released by the toss Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a coin. The individual whose name remains on period as is necessary for the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned witness to report to the grievance. The arbitrator shall arrange with the parties the datehearing, time testify, and place of the meetingreturn to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may mutually agree upon an arbitrator without requesting a list from be used, but the FMCSparty just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Arbitration proceedings Grievances shall be conducted under arbitrated separately unless otherwise agreed in writing between the voluntary labor arbitration rules Employer and the Association. The fees and approved expenses of the Federal Mediation Arbitrator and Conciliation Service, except as modified the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the employee or employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this AgreementAgreement are expressly and exclusively reserved to the Association and the Employer. The arbitrator No employee or group of employees shall conduct have the right to appeal or process a fair and impartial hearing concerning grievance beyond Step Two of the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one grievance at a time, unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the arbitrator is empowered to rule hereunder has been referred to him, such dispute may be withdrawn by either partyprocedure.

Step Three - Arbitration. If a. In the member-grievant is event that the grievance has not satisfied with the answer in been satisfactorily resolved at Step Two, and the grievance involves an alleged violation of the Agreement as described in the definition of a grievance in B.1.a above, then arbitration may be brought only by the Union, through its designee within fourteen thirty-five (1435) calendar days after receipt of from the day the Union received the Step Two response, (decision or 14 days after from the date on which the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration decision was due, by serving the Employer mailing a written notice request for arbitration to the Public Employment Relations Commission and sending a copy to the Office of intent Employee Relations. If mutually agreed, a pre-arbitration conference may be scheduled to arbitrateframe the issue or issues. All communications concerning appeals and decisions at this Step shall be made in writing. The request for arbitration shall contain the names of the department or agency and Manager involved, a copy of the grievance form and the Step Two decision, if available. b. Within fourteen thirty (1430) days of the Employer's receipt execution of the notice of intent to file under the grievance arbitration procedurethis Agreement, the parties may select shall mutually agree upon a mutually acceptable arbitratorpanel of not less than five (5) arbitrators. HoweverEach member of the panel shall serve in turn as the sole arbitrator for a given case. Where a member of the panel is unable to serve, the next member in sequence shall then serve. In the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitration. The Request for Panel of Arbitrators shall specify FMCS Ohio arbitrators. Upon receipt of such list agree upon a panel of arbitrators within thirty (30) days, arbitrators shall be selected on a case-by-case basis under the selection procedure of the Public Employment Relations Commission until such time as the parties may meet agree upon a panel. All panel arbiters must agree, in advance, as a condition for being placed on the panel, to accept a fee of no more than $1000 per day, and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel impose a fee of proposed arbitrators. This option may be exercised no more than $500 for a cancellation by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one (1) arbitrator, the parties shall then proceed to alternately strike one (1) name each from the list. Determination regarding which party shall have the privilege of striking a name from the list first shall be resolved by the toss of a coin. The individual whose name remains on the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned to the grievance. The arbitrator shall arrange with the parties the date, time and place of the meeting. The parties may mutually agree upon an arbitrator without requesting a list from the FMCS. Arbitration proceedings shall be conducted under the voluntary labor arbitration rules of the Federal Mediation and Conciliation Service, except as modified by the provisions of this Agreement. good cause. c. The arbitrator shall conduct a fair hearing to determine the facts and impartial hearing concerning render a decision in writing to the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one not have the power to add to, subtract from, or modify the provisions of this Agreement or laws of the State, or any written policy of the State or subdivision thereof not inconsistent with this Agreement, or to determine any dispute involving the exercise of a management function which is within the authority of the State as set forth in Article 1.C., Management Rights, and shall confine his or her decision solely to the interpretation and application of this Agreement. He or she shall confine themselves to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him or her, nor shall he or she submit observations or declaration of opinions which are not essential in reaching the determination. The decision or award of the arbitrator shall be final and binding consistent with applicable law and this Agreement. In no event shall the same question or issue be the subject of arbitration more than once. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement. Any remedy ordered by an arbitrator will not have retroactive affect beyond thirty (30) days from the date the grievance was filed, except that payroll errors and related matters shall be corrected to the date of error. The fees and expenses of the arbitrator shall be divided equally between the parties. Either party may make a verbatim record through a certified transcriber. Such a record is to be made at the requesting parties’ expense. However, if both parties want a copy of the transcript, the cost of the transcript and the reporter shall be shared equally between the parties. The cost of any transcript (or copy thereof) requested by the Arbitrator shall be shared equally between the parties. Any other cost of this proceeding including the cost of recording shall be borne by the party incurring the cost. d. The arbitrator shall hold the hearing at a timetime and place convenient to the parties within thirty (30) calendar days of his acceptance to act as arbitrator and shall issue his or her decision within thirty (30) days after the close of the hearing. e. Whenever a grievance which is to be resolved at Step Three, unless both parties agree to consolidate two (2) Arbitration, is based on a provision of this Agreement in which the power or more grievances. After a dispute on which authority of the arbitrator is empowered specifically limited to rule hereunder has been referred an advisory award, that limit shall be observed and all the provisions of paragraphs b, c and d above shall be operable except that the award and opinion shall be advisory and not binding on the parties. However, absent a particular exception the provisions of the grievance procedure above shall be operable. f. Representatives of the Governor's Office of Employee Relations, the applicable state department or agency and the Union may meet to him, such dispute resolve grievances that are appealed to arbitration. Local Union representatives and department representatives may be withdrawn by either partyparticipate in the meetings.

Step Three - Arbitration. If the member-grievant Association is not satisfied with the answer in decision of the Human Resources Manager (or other designated representative of the Employer) at Step Two, within fourteen (14) calendar days after receipt of or if no answer has been provided to the Grievant and the Association at Step Two responsewithin the time permitted for doing so, the Association may appeal the grievance to Step Three, Arbitration, by filing a written Demand for Arbitration with the Employer’s Human Resources Manager (or 14 days after the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Within fourteen (14) days other designated representative of the Employer's receipt ) no later than twenty (20) workdays following the date the Association Representative received, or should have received, the Human Resources Manager’s (or other designated representative of the notice of intent to file under the grievance arbitration procedure, the parties may select a mutually acceptable arbitrator. However, in the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14Employer) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitrationanswer at Step Two. The Request for Panel of Arbitrators Association’s Executive Director and the Employer’s Human Resources Manager shall specify FMCS Ohio arbitrators. Upon receipt of such list of arbitrators the parties may meet and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one an Arbitrator. If agreement cannot be reached within ten (110) arbitratorworkdays of the Association’s submission of the Demand for Arbitration to the Employer’s Human Resources Manager (or other designated representative of the Employer), the Association shall have up to forty (40) workdays following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The selection of the arbitrator through AAA, and the arbitration hearing, shall be governed by the Voluntary Labor Arbitration Rules of the AAA in effect at the time the Association’s Demand for Arbitration is filed. If the Arbitrator has been selected directly by the parties as above provided, the Arbitrator shall then proceed mail his or her decision directly to alternately strike one the parties within thirty (130) name each from days of the listclose of the arbitration hearing, or such later date as approved by the parties. Determination regarding which party The Association shall notify the Employer and seek agreement for the attendance of witnesses for such proceedings without loss of pay or benefits for the witness. Should agreement not occur, or upon request of either party, the Arbitrator shall have the privilege power to issue a subpoena to compel the attendance of striking a name from witnesses at the list first arbitration hearing. Such subpoenaed witness shall be resolved released by the toss Employer without loss of pay or benefits. All witnesses whom the Employer has consented to release for their attendance at the hearing, or who are subpoenaed to appear at said hearing, shall only be released from their regular duties for such a coin. The individual whose name remains on period as is necessary for the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned witness to report to the grievance. The arbitrator shall arrange with the parties the datehearing, time testify, and place of the meetingreturn to his or her assigned responsibilities. The parties agree that they will attempt to exchange witness lists and documents to be presented in their case no less than five (5) workdays before the initial hearing date. Evidence and witnesses not disclosed by that time limit may mutually agree upon an arbitrator without requesting a list from be used, but the FMCSparty just learning of the evidence at the hearing may move to postpone or recess the hearing based on the new evidence or witnesses. Arbitration proceedings Grievances shall be conducted under arbitrated separately unless otherwise agreed in writing between the voluntary labor arbitration rules Employer and the Association. The fees and approved expenses of the Federal Mediation Arbitrator and Conciliation Service, except as modified the cost of any room or other facility needed for the arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses, including, but not limited to, the cost of compensating its own representatives and witnesses, shall be borne by the party incurring them. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall they substitute their discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Association and the Employee or Employees involved. Nothing in this Agreement shall be construed to prevent any individual from presenting and adjusting a grievance directly with the Employer, without intervention by the Association and subject to the limitations provided by Act 379 of the Michigan Public Acts of 1965. However, the arbitration provisions of this AgreementAgreement are expressly and exclusively reserved to the Association and the Employer. The arbitrator No Employee or group of Employees shall conduct have the right to appeal or process a fair and impartial hearing concerning grievance beyond Step Two of the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one grievance at a time, unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the arbitrator is empowered to rule hereunder has been referred to him, such dispute may be withdrawn by either partyprocedure.

Step Three - Arbitration. If a. In the member-grievant is event that the grievance has not satisfied with the answer in been satisfactorily resolved at Step Two, and the grievance involves an alleged violation of the Agreement as described in the definition of a grievance in B.1.a above, then arbitration may be brought only by the Union, through its designee within fourteen thirty (1430) calendar days after receipt of from the day the Union received the Step Two response, (decision or 14 days after from the date on which the Step Two meeting if no response is received) decision was due, by mailing a written request for arbitration to the Public Employment Relations Commission and sending a copy to the Office of Employee Relations. In the event the Union through its attorney deems it necessary to use an additional period beyond the thirty (30) days provided herein the time to appeal may appeal be extended by the Union to not more than twenty (20) additional calendar days. Should the Union use any of these additional days, it is understood that the time used in computing the extent of the State's liability shall not exceed twenty (20) days from the day the Union received the Step Two decision or from the date on which the Step Two decision was due. If mutually agreed, a pre- arbitration by serving conference may be scheduled to frame the Employer issue or issues. All communications concerning appeals and decisions at this Step shall be made in writing. The request for arbitration shall contain the names of the department or agency and Manager involved, a written notice copy of intent to arbitrate. the grievance form and the Step Two decision, if available. b. Within fourteen thirty (1430) days of the Employer's receipt execution of the notice of intent to file under the grievance arbitration procedurethis Agreement, the parties may select shall mutually agree upon a mutually acceptable arbitratorpanel of not less than five (5) arbitrators. HoweverEach member of the panel shall serve in turn as the sole arbitrator for a given case. Where a member of the panel is unable to serve, the next member in sequence shall then serve. In the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitration. The Request for Panel of Arbitrators shall specify FMCS Ohio arbitrators. Upon receipt of such list agree upon a panel of arbitrators within thirty (30) days, arbitrators shall be selected on a case-by-case basis under the selection procedure of the Public Employment Relations Commission until such time as the parties may meet agree upon a panel. All panel arbiters must agree, in advance, as a condition for being placed on the panel, to accept a fee of no more than $1000 per day, and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel impose a fee of proposed arbitrators. This option may be exercised no more than $500 for a cancellation by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one (1) arbitrator, the parties shall then proceed to alternately strike one (1) name each from the list. Determination regarding which party shall have the privilege of striking a name from the list first shall be resolved by the toss of a coin. The individual whose name remains on the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned to the grievance. The arbitrator shall arrange with the parties the date, time and place of the meeting. The parties may mutually agree upon an arbitrator without requesting a list from the FMCS. Arbitration proceedings shall be conducted under the voluntary labor arbitration rules of the Federal Mediation and Conciliation Service, except as modified by the provisions of this Agreement. good cause. c. The arbitrator shall conduct a fair hearing to determine the facts and impartial hearing concerning render a decision in writing to the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one not have the power to add to, subtract from, or modify the provisions of this Agreement or laws of the State, or any written policy of the State or subdivision thereof not inconsistent with this Agreement, or to determine any dispute involving the exercise of a management function which is within the authority of the State as set forth in Article 1.C., Management Rights, and shall confine his or her decision solely to the interpretation and application of this Agreement. He or she shall confine themselves to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him or her, nor shall he or she submit observations or declaration of opinions which are not essential in reaching the determination. The decision or award of the arbitrator shall be final and binding consistent with applicable law and this Agreement. In no event shall the same question or issue be the subject of arbitration more than once. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement. Any remedy ordered by an arbitrator will not have retroactive affect beyond thirty (30) days from the date the grievance was filed, except that payroll errors and related matters shall be corrected to the date of error. The fees and expenses of the arbitrator shall be divided equally between the parties. Either party may make a verbatim record through a certified transcriber. Such a record is to be made at the requesting parties’ expense. However, if both parties want a copy of the transcript, the cost of the transcript and the reporter shall be shared equally between the parties. The cost of any transcript (or copy thereof) requested by the Arbitrator shall be shared equally between the parties. Any other cost of this proceeding including the cost of recording shall be borne by the party incurring the cost. d. The arbitrator shall hold the hearing at a timetime and place convenient to the parties within thirty (30) calendar days of his acceptance to act as arbitrator and shall issue his or her decision within thirty (30) days after the close of the hearing. e. Whenever a grievance which is to be resolved at Step Three, unless both parties agree to consolidate two (2) Arbitration, is based on a provision of this Agreement in which the power or more grievances. After a dispute on which authority of the arbitrator is empowered specifically limited to rule hereunder has been referred an advisory award, that limit shall be observed and all the provisions of paragraphs b, c and d above shall be operable except that the award and opinion shall be advisory and not binding on the parties. However, absent a particular exception the provisions of the grievance procedure above shall be operable. f. Representatives of the Governor's Office of Employee Relations, the applicable state department or agency and the Union may meet to him, such dispute resolve grievances that are appealed to arbitration. Local Union representatives and department representatives may be withdrawn by either partyparticipate in the meetings.

Step Three - Arbitration. If Either the member-grievant Union or the Employer may refer the grievance to an Arbitrator available to decide all differences arising between the Employer and the Union as to interpretation, application or performance of any part of this Agreement, except as otherwise restricted by this Agreement. The arbitrator shall also have the authority to decide all issues of procedural arbitrability, including timeliness. It is understood and agreed that an Arbitrator is not satisfied vested with the answer in Step Two, within fourteen (14) calendar days after receipt power to change and/or modify this Agreement but only to interpret the Agreement. All fees and expenses connected with the selection of and services of the Step Two response, (or 14 days after impartial Arbitrator shall be shared equally by the Step Two meeting if no response is received) the Union through its attorney may appeal to arbitration parties. All other expenses encountered by serving the Employer a written notice of intent to arbitrate. Within fourteen (14) days of the Employer's receipt of the notice of intent to file under the grievance arbitration procedure, the parties may select a mutually acceptable arbitrator. However, in preparation and presentation of their case shall be borne by the event that the parties are unable to mutually select an agreeable arbitrator, the Union shall, within this same fourteen(14) day time frame, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Service to hear the arbitration. The Request for Panel of Arbitrators shall specify FMCS Ohio arbitrators. Upon receipt of such list of arbitrators the parties may meet and attempt to select one (1) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised by both parties once in any one (1) grievancerespective parties. If either party does not choose requests to strike have the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one (1) arbitratorhearing transcribed, the parties shall then proceed to alternately strike one (1) name each from the list. Determination regarding which party shall have the privilege cost of striking a name from the list first such transcription shall be resolved borne by the toss of a coin. The individual whose name remains on the list after the other six (6) names have been removed shall be the arbitrator. The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned to the grievance. The arbitrator shall arrange with the parties the dateboth parties, time and place of the meetingequally. The parties may mutually agree upon on an arbitrator without requesting on a case-by-case basis, or if the parties cannot or do not mutually agree to an arbitrator then the parties may select an arbitrator from a list from the FMCS. Arbitration proceedings shall be conducted under the voluntary labor arbitration rules of nine (9) provided by the Federal Mediation and Conciliation Service, except whereby each party shall alternately strike a name from the list and the remaining name shall be the arbitrator appointed to hear and decide the issue. The parties shall advise FMCS of their wish to provide a list containing only arbitrators who are members of the National Academy of Arbitrators and have their primary office in Southern California. The parties shall flip a coin to determine who strikes first. If both parties agree, the FMCS procedure may be replaced on occasion or for the duration of the agreement, or any other mutually agreed time with a mutually agreeable list or arbitrator. The impartial Arbitrator’s decision shall be final and binding upon the parties. This grievance and arbitration Section shall be the sole and exclusive means of resolving disputes regarding the interpretation or application of this Agreement between the Union (including all employees in the bargaining unit covered by this Agreement) and the Employer. A grievance that is not timely filed, or that is not timely appealed to the next step herein, or that is withdrawn, or that is determined by decision of the Arbitrator if appealed to that step, shall be deemed fully and finally resolved. Such resolution shall be final and binding on the Union, the Employer and all bargaining unit employees. Any grievance, however, may be withdrawn without prejudice as modified by to an issue prior to an Arbitration decision, with the provisions of understanding that this sentence shall not operate to toll or waive time limits under this Agreement. The arbitrator shall conduct a fair and impartial hearing concerning the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one Any grievance at a time, unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the arbitrator that is empowered to rule hereunder has been referred to him, such dispute withdrawn may be re-filed as to its own merits if re-filed within the original time limits that applied to the withdrawn by either partygrievance.