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shall strike any name to which it objects, number the remaining names to indicate the order of <br />preference and return the list to FMCS. Each party shall have the right to reject one (1) panel <br />of arbitrators. The party rejecting the panel shall bear the cost of obtaining a new list. In the <br />event the grievance is not referred to arbitration, meaning the notice of intent is not received„ <br />within the limited prescribed or the list request is not made within the time limits prescribed, the <br />grievance shall be considered resolved, based upon the Step 3 reply or default rejection as may <br />be applicable. <br />SECTION 6. Arbitration Process/Authority ofthe Arbitrator. The arbitrator shall have no power <br />or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement <br />or to make any award requiring the commission of any act prohibited by law or make any award <br />that itself is contrary to law or violates any of the terms and conditions of this Agreement. <br />SECTION 7. The hearing or hearings shall be conducted pursuant to the FMCS Rules. =Relee <br />SECTION 8. Fees/ExpensesIFFitnesses. The fees and expenses of the arbitrator and the cost of <br />the hearing room, if any, will be paid by the losing parties. All other expenses shall be home by <br />the party incurring them. Neither party shall be responsible for any of the expenses incurred by <br />the other party. SEGFION-9-. An employee requested to appear at the arbitration hearing by either <br />party shall attend without the necessity of subpoena and shall be compensated at his regular hourly <br />rate for all hours during which his attendance is required by either party. Any request made by <br />either party for the attendance of witnesses shall be made in good faith, and at no time shall the <br />number of employees in attendance exceed five (5) employees. <br />SECTION 40 9. Arbitrator's DecisiowTimeline forlssuance. The arbitrator's decision and award <br />will be in writing and delivered within thirty (30) days from the date the record is closed. The <br />decision by the arbitrator shall be final and binding upon the parties, subject to review as provided <br />for in the Ohio Revised Code. <br />SECTION 44 10. Permanent Panel Names. There is hereby created a permanent panel of <br />arbitrators for the administration of this procedure. Such arbitrators are: 1) Tom Nowel; 2) Daniel <br />Zeiser; 3) Jeff Belkin <br />ARTICLE 44 10: <br />SENIORITY <br />SECTION 1. Only regular full-time employees of the Employer shall have seniority. Temporary, <br />seasonal and part-time employees shall have no seniority rights. A regular full-time employee is <br />defined to mean an employee regularly scheduled for forty (40) hours of work each week. <br />SECTION 2. Seniority shall mean an employees uninterrupted length of continuous <br />uninterrupted service with the Employer , measured from his last hiring date as a full-time <br />employee performing work of this bargaining unit. No employee shall have seniority for his <br />10 <br />4882-1615-2807, v.5 <br />