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JI_IL-t=iC-1 9-9-S 11 : 0-6 FR01-1 tJ_ O. F. B. A. TCi <br />7 .-,!' •-•c r r P. 1 ? <br />_?t_?'? Pthe grievant, his OPBA representative and any athex party <br />necessary to provide the 37equxred information for the renderirag <br />of a proper decision. The Safety Director shall issue a written <br />decision to the emplvXee and his OPBA representative within <br />fifteen (15) days fxom the date of the hearing. If the grxevant <br />is not satisfied with the decxsiori at Step 31 he may praceed to <br />arbitratXon pursuant ta the Arbitration Procedure cantained in <br />Article 10. <br />SECTION 5: in the everit a grievance is unreso3.ved after bezng <br />processed thx'ough a1.1 steps of the Grievanca Pracedure, unless <br />mutuaZly waived, then wxthin ten (10) days after the rendering of <br />the decision at Step 3, the grievant may submit the grievance to <br />arbitration. Within this ten (10) day period, the parties wi12 <br />meet to attempt to mutuallX agree upon an arbitrator. Zf such <br />aqreement is nat reached, the paxties will promptly request the <br />American Arbitration Assaciation to submit a panel af arbitrators <br />and wilI choose one by the alternative strike method. <br />SECTION 6: The axbi.trator shall have no powex or authority to <br />add to, subtract from, or in any manner aiter the specific terms <br />of this Agreement or ta make any award requiring the cvmmission <br />of any act prohibited by law or make any award that itself is <br />contrary to law or vzolates any of the terms and condxtions of <br />this Agxeement. <br />SECTION 7: The hearing or hearxngs shall be conducted <br />puxsuant to the "Rules of Voluntary Arbitration" of the American <br />Arbxtration Associatiion. <br />SECTION S= The fees and expenses of the arbitrator and the <br />cost of the heaxing xoom, if any, will be shared equally between <br />the parties. All othex` expenses sha11 be borne by t,he party <br />incurring them. Neither party shall be responsib3.e for any of <br />the expenses incurred by the othex' party. <br />SECTION 9: An emj;aloyee requested to appear at the arbitration <br />hearing by eithex party sha7:1 attend without the necessity of <br />subpaena and sha11 be compensated at his regular houx-ly rate for <br />ail hours during which his attendance is required by eithex <br />party. Any request made by either party for the attendance of <br />wztinesses shall be roade in good faith, and at no time shall ttte <br />number of emp3oyees in attendance exceed five (5) emp].oyees- <br />SECTION 10: The arbitrator's decision and award will be in <br />writing and deJ.ivered withxn thixty (30) days from the date the <br />record is closed. The decisipn by the arbitrator shal.l be firial <br />and bin.ding upon th.e partxes. <br />zo <br />