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Section 19.6. (cont.) <br />D. The question of arbitrability of a grievance may be raised by <br />either party before the arbitration hearing of the grievance, on <br />the grounds that the matter is non-arbitrable or beyond the <br />arbitrator's jurisdiction. The first question to be placed before <br />the arbitrator will be whether or not the alleged grievance is <br />arbitrable. If the arbitrator determines the grievance is within <br />the purview of arbitrabitily, the alleged grievance will be heard <br />on its merits before the same arbitrator. <br />E. The decision of the arbitrator shall be final and binding upon <br />the F.O.P:, the employee, and the Employer. Any cost involved in <br />obtaining the list of arbitrators shall be equally divided <br />between Employer and the F.O.P. All costs directly related to the <br />services of the arbitrator shall be borne equally by the parties. <br />Expenses of the witnesses shall be borne, if any, by the party <br />calling the witness. The fees of the court reporters shall be <br />paid by the party asking for one; such fee shall be split equally <br />if both parties desire a court reporter's recording or request a <br />copy of any transcript. <br />Section 19.7. A grievance may be brought by any employee covered by this <br />Agreement. Where a group'of bargaining unit employeea desire to file a <br />grievance involving an incident affecting several employees in the same <br />manner, one employee shall be elected by the group to process the <br />grievance. Each employee who desires to be included in such grievance shall <br />be required to sign the grievance. <br />Section 19.8. Any grievance that originates from a level above Step 1 of <br />the grievance procedure may be submitted directly to the step or level from <br />which it originates. No grievance can originate at a level subsequent to <br />Step 2. <br />Section 19.9. For the purpose of this Article, day shall be defined as <br />consecutive days, excluding Saturdays, Sundays, and holidays as defined <br />herein. <br />Section 19.10. In the event 8 step in the grievance procedure is <br />permanently vacant, grievances presented to the vacant step will proceed to <br />the next step, without any loss of time, to be answered by the supervisor <br />next in the grievance procedure. <br />Section 19.11. The Employer shall provide the F.O.P. with a list of <br />management's designated representatives for each step of the grievance <br />procedure. <br />Section 19.12. Any employee or Village official requested to appear at a <br />hearing before the Mayor or before the arbitrator by either party shall <br />attend without the necessity of subpoena and without any loss of regular <br />pay for time off the Job while attending the mayoral or arbitrator's <br />hearing. All requests made by either party for the attendance of witnesses <br />shall be made in good faith and at no time shall the number of on-duty <br />employees in attendance exceed five (5), excluding the grievant(s) and the <br />representative of the F.O.P. <br />14