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Collective Bargaining Agreement between Mayfield Village and the I.A. F. F. Local 2619 STEP 4 - Arbitration: If the grievance is not satisfactorily settled in Step 3, the grievant may submit the grievance to arbitration within ten (10) calendar days following the date the grievance was answered in Step 3. In the event the arbitration is not submitted within the time limits prescribed, the grievance shall be considered resolved based upon the Step 3 reply. Section 14.12. The representatives of the parties (the Union and the Employer) shall schedule a prearbitration meeting to be held within fourteen (14) calendar days after notification of a request to arbitrate to begin the selection process. The parties shall attempt to settle the grievance and, if it cannot be settled, attempt to draft an agreed upon submission statement. If the parties are unable to agree upon a submission statement, but have agreed to proceed to arbitration over the underlying dispute, the arbitrator shall frame the issue or issues to be decided. At the pre -disciplinary meeting, the Employer's representative will notify the Union of any question of arbitrability and of its intent to raise the question at the arbitration hearing. Section 14.13. A. The parties will attempt to mutually agree upon an arbitrator. If such agreement is not reached, the parties will promptly request the American Arbitration Association to submit a list of seven (7) arbitrators. The parties shall alternately strike the names of the arbitrators until only one (1) name remains. Either party may once reject the list and request from the American Arbitration Association another list of seven (7) names. If there is a request for a second list, the party requesting the additional list shall bear the cost of said list. B. The arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of specific articles or sections of this Agreement. The arbitrator's decision shall be consistent with applicable law. The arbitrator shall not have the authority to 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 issues 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 opinion 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 originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or suspension, the arbitrator shall limit any retroactive settlement to the date the grievance arose. D. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non -arbitrable or beyond the arbitrator's jurisdiction. If raised, this will be the first question placed before the arbitrator. If the arbitrator determines the grievance is within the purview of arbitrability, the grievance will be heard on its merits before the same arbitrator as part of (W the same hearing.