2024-111 Resolution - Laserfiche WebLink

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which it objects, number the remaining names to indicate the order of preference and return the list to FMCS Each party shall have the right to reject one (I) panel of arbitrators. The party rejecting the panel shall bear the cost of obtaining a new list. In the event the grievance is not referred to arbitration, meaning the notice of intent is not received within the limits prescribed or the list request is not made within the time limits prescribed, the grievance shall be considered resolved, based upon the Step 3 reply or default rejection as may he applicable. B. Arbitrability. The Employer's representative shall notify the FOP of any questions of arbivability, and of its intent to raise the question at the arbitration hearing. The question of arbitrabtiity of a grievance may be raised by either party before the arbitration hearing of the grievance on the grounds that the matter is non -arbitrable or beyond the arbitrator's jurisdiction. Thefirst question to be placed before the arbitrator will be whether or not the grievance is arbitrable. If the arbitrator determines the grievance is within the purview of arbitrability, the grievance will be heard on its merits before the same arbitrator. (Relocated from Below) C. Arbitration ProceWAuthority of the Arbitrator. The arbitrator shall limit his decisions strictly to the interpretation, application, or enforcement of the specific articles and sections of this agreement, and shall be without power or authority to make any decisions: Contrary to or inconsistent with or modifying or varying in any way the terms of this agreement or applicable laws. 2. Contrary to, inconsistent with, changing, altering, limiting, or modifying any practice, policy, rules or regulations, established by the Employer 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 lime other than the contract period in which such right originated or to make any award based on rights arising under arty previous agreement, grievance, or practices. The arbitrator shall not establish any new or different wage rates not negotiated as part of this 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. MONISM 11-1-10MINNIf "W" I 4� I'l---...-�----.,--.-.�----------------------.---N------m D. Arbitrator's Decision/Timeline for Issuance. The decision of the arbitrator shall be final and binding on the grievant, the FOP and the Employer. The arbitrator shall be requested to issue his decision within thirty (30) calendar days after the conclusion of testimony and argument or submission of final briefs. 20 48635]739656, e 5