1994 057 Ordinance - Laserfiche WebLink

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Section 19.6. A. If the Employer and the F.O.P. cannot agree upon an impartial arbitrator, the F.O.P. may request a panel of arbitrators from the American Arbitration Association. Said request shall be within ten (10) day following the notice for arbitration, and consist of a list of seven (7) impartial arbitrators from the American Arbitration Association. The parties shall agree on a submission agreement outlining the specific issues to be determined by the arbitrator, but this shall not remove the ability to proceed if the parties do not agree on submission. Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within ten (10) days from the date the list is received. The parties shall use the alternative strike method from the list of seven (7) arbitrators submitted to the parties by the American Arbitrators Association. The party requesting the arbitration shall be the first to strike a name ' from the list, then the other party shall strike a name and alternate in this manner until one name remains on the liet. The remaining name shall be designated as the arbitrator to hear the dispute in question. Prior to striking, either party shall have the option to completely reject the list of names provided by the American Arbitrator Association and request one (1) additional list. All procedures relative to the hearing shall be in accordance with the rules and regulations of the American Arbitration Association. B. The arbitrator shall hold the arbitration promptly and issue his decision within a reasonable time thereafter. The arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of those specific articles and/or sections of the Agreement in question. The arbitrator's decision shall be consistent with applicable law. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any provision of this Agreement, nor add to subtract from, or modify the language therein in arriving at his determination on any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him or to submit observations or declarations of opinions which are not directly essential in reaching a decision on the issue in question. C. The arbitrator shall be without authority to recommend any right or relief on an alleged grievance occurring at any time other than the contract period in which such right oriqinated or to make any award based on rights ariaing under any previous Agreement, grievance, or practices. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension, the arbitrator shall have the authority to recommend modification of said discipline. In the event of a monetary award, the arbitrator shall limit retroactive settlement to the date the grievance was presented to the Employer in Step 1 of the grievance procedure. 13