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return the list to FMCS. Each party shall have the right to reject one (1) panel of <br />arbitrators. The party rejecting the panel shall bear the cost of obtaining a new list. In <br />the event the grievance is not referred to arbitration, meaning the notice of intent is not <br />received within the limits prescribed or the list request is not made within the time limits <br />prescribed, the grievance shall be considered resolved, based upon the Step 3 reply or <br />default rejection as may he applicable. <br />B. Arbitrability. The Employer's representative shall notify the FOP of any questions of <br />arbitrability, and of its intent to raise the question at the arbitration hearing. The <br />question of arbitrability of a grievance may be raised by either party before the <br />arbitration hearing of the grievance on the grounds that the matter is non -arbitrable or <br />beyond the arbitrator's jurisdiction. The first question to be placed before the arbitrator <br />will be whether or not the grievance is arbitrable. 1f the arbitrator determines the <br />grievance is within the purview of arbitrability, the grievance will be heard on its merits <br />before the same arbitrator. (Relocated from Below) <br />C. Arbitration Process/Authority of the Arbitrator. The arbitrator shall limit his decisions <br />strictly to the interpretation, application, or enforcement of the specific articles and <br />sections of this agreement, and shall be without power or authority to make any <br />decisions: <br />1. Contrary to or inconsistent with or modifying or varying in any way the terms of <br />this agreement or applicable laws. <br />2. Contrary to, inconsistent with, changing, altering, limiting, or modifying any <br />practice, policy, rules or regulations, established by the Employer so long as such <br />practice, policy, or regulations do not conflict with this agreement. <br />The arbitrator shall be without authority to recommend any right or relief on an alleged <br />grievance occurring at any time other than the contract period in which such right <br />originated or to make any award based on rights arising under any previous agreement, <br />grievance, or practices. The arbitrator shall not establish any new or different wage <br />rates not negotiated as part of this agreement. 1n the event of a monetary award, the <br />arbitrator shall limit any retroactive settlement to the date the grievance was presented <br />to the Employer in Step 1 of the grievance procedure. <br />D. Arbitrator's Decision/Timeline for Issuance. The decision of the arbitrator shall be final <br />and binding on the grievant, the FOP and the Employer. The arbitrator shall be requested <br />to issue his decision within thirty (30) calendar days after the conclusion of testimony and <br />argument or submission of final briefs. <br />22 <br />488&1562-5157, v. 3 <br />