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Agreement between 1ilayfield Village and F.®.P. Lodge 57 <br />o° <br />D. The question of arbitrability of a grievance maybe raised by either party before the <br />arbitration hearing of the grievance, on the grounds that the matter isnon-arbitrable <br />or beyond the arbitrator's jurisdiction. The first question to be placed before the <br />arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator <br />determines the grievance is within the purview of arbitrability,. the alleged <br />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 />shall be equally divided between the Employer and the F.O.P. All costs directly <br />related to the services of the arbitrator shall be borne equally by the parties. <br />Expenses of any witnesses shall be borne, if any, by the party calling the witness. <br />The fees of the court reporters shall be paid by the party asking for one; such fee <br />shall be split equally if both parties desire a court reporter's recording or request a <br />copy of any transcript. <br />Section 19.7. A grievance maybe brought by any employee covered by this Agreement. Where a <br />group of bargaining unit members desires to file a grievance involving an incident affecting several <br />members in the same manner, one member shall be elected by the group to process the grievance. <br />Each member who desires to be included in such grievance shall be required to sign the grievance. <br />Section 19.8. Any grievance that originates from a level above Step l of the grievance procedure <br />maybe submitted directly to the step or level from which it originates. No grievance can originate <br />at a level subsequent to Step 2. <br />Section 19.9. For the purpose of this Article, "days" shall be defined as consecutive days, <br />excluding Saturdays, Sundays and holidays as defined herein. <br />Section 19.10. In the event a step in the grievance procedure is permanently vacant, grievances <br />presented to the vacant step will proceed to the next level, without any loss of time, to be answered <br />by the supervisor next in the grievance procedure. <br />Section 19.11. The Employer shall provide the F.O.P. with a list of management's designated <br />representatives for each step of the grievance procedure. <br />Section 19.12. Any employee or Village official requested to appear at a hearing before the Mayor <br />or before the arbitrator by either party shall attend without the necessity of subpoena and without <br />any loss of regular pay for time off the job while attending the mayoral or arbitrator's hearing. All <br />requests made by either party for the attendance of witnesses shall be made in good faith and at no <br />time shall the number of on-duty employees in attendance exceed five (5), excluding the <br />grievants) and the representative of the F.O.P. <br />Grievants shall lose no straight time earnings while in attendance at grievance meetings with <br />management representatives or at arbitration hearings. <br />16 <br />