2020 009 ORDINANCE - Laserfiche WebLink

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rM from, modify, change or alter any provision of this Agreement, nor 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 issue 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 opinions 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 or to make any award based on rights arising under any previous agreement, grievance, or practices. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge or of suspension, the arbitrator shall have the authority to recommend modification of said discipline. In the event of a monetary award, the arbitrator shall limit retroactive settlement to the date the grievance was presented to the Employer in Step 1 of the grievance procedure. 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 the same hearing. E. The decision of the arbitrator shall be final and binding upon the F.O.P., the employee and the Employer. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Employer and the F.O.P. All costs directly related to the services of the arbitrator shall be borne equally by the parties. Expenses of any witnesses shall be borne, if any, by the party calling the witness. The fees of the court reporters shall be paid by the party asking for one; such fee shall be split equally if both parties desire a court reporter's recording or request a copy of any transcript. Section 19.7. A grievance may be brought by any employee covered by this Agreement. Where a group of bargaining unit members desires to file a grievance involving an incident affecting several members in the same manner, one member shall be elected by the group to process the grievance. Each member who desires to be included in such grievance shall be required to sign the grievance. Section 19.8. Any grievance that originates from a level above Step 1 of the grievance procedure may be submitted directly to the step or level from which it originates. No grievance can originate at a level subsequent to Step 2. Section 19.9. For the purpose of this Article, "days" shall be defined as consecutive days, excluding Saturdays, Sundays and holidays as defined herein. 14