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2017 016 Ordinance
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2017 016 Ordinance
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Last modified
11/19/2018 4:11:29 PM
Creation date
9/11/2018 5:32:44 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
016
Date
4/17/2017
Year
2017
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Collective Bargaining Agreement between <br />Mayfield Village and the I.A.F.F. Local 2619 <br />to arbitrate to begin the selection process. The parties shall attempt to settle the grievance and, if it <br />cannot be settled, attempt to draft an agreed upon submission statement. If the parties are unable to <br />agree upon a submission statement, but have agreed to. proceed to arbitration over the underlying <br />dispute, the arbitrator shall frame the issue or issues to be decided. At the pre-disciplinary meeting, <br />the Employer's representative will notify the Union of any question of arbitrability and of its intent <br />to raise the question at the arbitration hearing. <br />Section 14.13. <br />A. The parties will attempt to mutually agree ,upon an arbitrator. If such agreement is not <br />reached, the parties will promptly request the American Arbitration Association to submit a <br />list of seven (7) arbitrators. The parties shall alternately strike the names of the arbitrators <br />until only one (1) name remains. Either party may once reject the list and request from the <br />American Arbitration Association another list of seven (7) names. If there is a request for a <br />second list, the party requesting the additional list shall bear the cost of said list. <br />B. The arbitrator shall limit his decision strictly to the interpretation, application, or <br />enforcement of specific articles or sections of this Agreement. The arbitrator's decision <br />shall be consistent with applicable law. 'The arbitrator shall not have the authority to add <br />to, subtract from, or modify the language therein in arriving at his determination on any <br />issue presented that is proper within the limitations expressed herein. The arbitrator shall <br />expressly confine himself to the precise issues submitted for arbitration and shall have no <br />authority to determine any other issues not so submitted to him or to submit observations <br />or declarations of opinion which are not directly essential in reaching a decision on the <br />issue in question. <br />C. The arbitrator shall be without authority to recommend any right or relief on an alleged <br />grievance occurring at any time other than the contract period in which such right <br />originated. The arbitrator shall not establish any. new or different wage rates not <br />negotiated as part of this Agreement. In cases of discharge or suspension, the arbitrator <br />shall limit any retroactive settlement to the date the grievance arose. <br />D. The question of arbitrability of a grievance may be raised by" either party before the <br />arbitration hearing of the grievance, on the grounds the matter is non-arbitrable or beyond <br />the arbitrator's jurisdiction. The first question to be placed before the arbitrator will be <br />whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance <br />is within the purview of arbitrabilit~, the alleged grievance will be heard on its merits <br />before the same arbitrator. <br />E. The decision of the arbitrator shall be final and binding upon the Union, the employee, and <br />the Employer. Any cost involved in obtaining the initial list of arbitrators shall be equally <br />divided between the Employer and the Union. All costs directly related to the services of <br />the arbitrator shall be borne equally by the parties. Expenses of the witnesses shall be <br />borne, if any, by the party calling the witness. The fees of the court reporter shall be paid by <br />the party asking for one; such fees shall. be split. equally if both parties desire a court <br />reporter's recording or request a copy of any transcript. <br />11 <br />
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