2008-043 Resolution - Laserfiche WebLink

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working days of receipt of the grievance. The grievant may, ai his option, be represenied bv a representative of the FOP at any hearing or hearings held at this level. Step 3, A grievance unresolved at Step 2 may be submitted by tl-le grievant to the Safety Director, or his designee, within five (5) worlcing days of receipt of the 5tep 2 answer. The Safety Director, or his designee, may meet with the grievant and a representative of the FOP if the employee desires, within seven (7) calendar days of submission of the grievance to Step 3, to discuss the grievailce. The Safety Director, or his designee, shall provide a written response to the grievant within five (5) caleildar days of such meeting. Grievances unresolved at Step 3 inay be submitted to arbitration upon request of the FOP in accordallce with the provisions of Section, 16.06 of the Article. 16.06 The FOP based upon the facts presented, has the right to decide whether to arbitrate a grievance. Within thirty (30) calendar days from the date of the final answer on a grievance from Step 3, the FOP shall notify the Employer, in writing, of its intent to seek arbitration of an unresolved grievance. The Einployers representative shall notify the FOP of any questions of arbitrability, and of its intent to raise the question at the arbitration hearing. After receipt of a request to arbitrate, a representative of each party (FC?P and Employer) shall attempt to agree on an arbitrator. Should the representatives fail to agree on an arbitrator, the arbitrator shall be selected from the panel of arbitrators herein coiltained by the parties alternately striking the names of the arbitrators until only one name rernains. The arbitrators selected to hear arbitrations pursuant to this procedure are: 1) James Mancini, 2) Jonathan Klein, 3) Rob Stein. The arbitrator shall limit his decisions strictly to the int.erpretation, application, or enforcement of the specific articles and sections of this agreetTient, and shall be without power or aurthority to malce any decisions: 1. Contrary to or inconsistent with or modifying or varying in airy way the terms of this agreement or applicable laws: 2. Contrary to, inconsistent with, changing, altering, limiting, or iTiodifying any practice, policy, rules or regulations, established by the Einployer so long as such practice, policy, or regulations do not conflict with this agreement. 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 shad not establish any new or different wage rates not negotiated as part of this agreement. In the eveiit of a monetary award, the arbitrator shall limit airy retroactive settlement to the date the grievance was preseuted to the Einployer in Step 1 of the grievance procedure. 13 .... . , , ,