2020-153 Resolution - Laserfiche WebLink

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The E'mployer's representative shall notity the I OP of anv questions of arbitrabilO. and of its intent to raise the question at the arbitration hearino The arbitrator shall limit his decisions strictly to the interpretation. application, or enforcement ol'the specific articles and sections of' this agreement, and shall be without power or authority to make anv decisions: Contrary to or inconsistent with or modifying or varying in any vvgay the terms of this aureemcnt or applicable laky s: Contrary to. inconsistent with.. changing. altering, limiting. or modifying any practice, policy. rules or reuulations. established by the Employer so long as such practice, policy, or regulations do not conflict with this agreement. The arbitrator shall be vyithout 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 pari ofthis agreement. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to the date the grievance was presented to the Employer in Step I of the grievance procedure. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing ol'the grievance on the grounds that the matter is non -arbitrable or beNond the arbitrator's jurisdiction. The first question to be placed before the arbitrator will be whether or not the grievance is arbitrable. If the arbitrator determines the grievance is tiyithin the purview of arbitrability, the grievance will be heard on its merits before the same arbitrator. The decision of the arbitrator shall be final and binding on the grievant, the FOP and the Fniployer. The arbitrator shall be requested to issue his decision \a ithin thirty (30) calendar days after the conclusion of testimony and argument or submission of final briefs. The cost and fees of the arbitrator shall be borne equally by the parties. The expense of' any non-employee witness shall be borne, if any. by the party calling them. The fees of the court reporter shall be paid by the party asking for one. Such tees shall be split equally if both parties desire a reporter, or request a copy of any transcripts. Any bargaining unit member whose attendance is required for such hearings shall not lose pay or benefits to the extent such hearing hours are dUrino normally scheduled working hours at the day of the hearino. ARTI C I` 17 DISCl1)1,INF 17.01 The tenure of every non probationary employee subject to the terms of this agreement shall be during good behavior and efficient service. The Employer may take disciplinary action against any employee in the bargaining unit only for just cause. The Employer may take a disciplinary action for actions which occur while an empluyee is on duty, or which occur while an employee is working under the colors of the Employer, or in instances where the employee's 14