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2014 009 Ordinance
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2014 009 Ordinance
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Last modified
11/19/2018 4:10:54 PM
Creation date
9/11/2018 4:29:14 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
009
Date
3/3/2014
Year
2014
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Agreement between Mayfield Village and F.O.P. Lodge 57 <br />the parties by the American Arbitration Association. The party requesting the <br />arbitration shall be the first to strike a name from the list. Then the other party <br />shall strike a riame and alternate in this manner until one name remains on the list. <br />The remaining name shall be designated as the arbitrator to hear the dispute in <br />question. Prior to striking, either party shall have the option to completely reject <br />the list of names provided by the American Arbitration Association and request <br />one (1) additional list. All procedures relative to the hearing shall be in <br />accordance with the rules and regulations of the American Arbitration <br />Association. <br />B. The arbitrator shall hold the arbitration hearing promptly and issue his decision <br />within a reasonable time thereafter. The arbitrator shall limit his decision strictly <br />to the interpretation, application or enforcement of those specific articles and/or <br />sections of the Agreement in question. The arbitrator's decision shall be <br />consistent with applicable law. The arbitrator shall not have the authority to add <br />to, subtract from, modify, change or alter any provision of this Agreement, nor <br />add to, subtract from or modify the language therein in arriving at his <br />determination on any issue presented that is proper within the limitations <br />expressed herein. The arbitrator shall expressly conf ne himself to the precise <br />issue submitted for arbitration and shall have no authority to determine any other <br />issues not so submitted to him or to submit observations or declarations of <br />opinions which are not directly essential in reaching a decision on the issue in <br />question. <br />C. The arbitrator shall be without authority to recommend any right or relief on an <br />alleged grievance occurring at any time other than the contract period in which <br />such right originated or to make any award based on rights arising under any <br />previous agreement, grievance, or practices. The arbitrator shall not establish any <br />new or different wage rates not negotiated as part of this Agreement. In cases of <br />discharge or of suspension, the arbitrator shall have the authority to recommend <br />modification of said discipline. In the event of a monetary award, the arbitrator <br />shall limit retroactive settlement to the date the grievance was presented to the <br />Employer in Step 1 of the grievance procedure. <br />D. The question of arbitrability of a grievance may be raised by either party before <br />the arbitration hearing of the grievance, on the grounds that the matter is non- <br />arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed <br />before the arbitrator will be whether or not the alleged grievance is arbitrable. If <br />the arbitrator determines the grievance is within the purview of arbitrability, the <br />alleged grievance will be heard on its merits before the same arbitrator. <br />E. The decision of the arbitrator shall be final and binding upon the F.O.P., the <br />employee and the Employer. Any cost involved in obtaining the list of arbitrators <br />16
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