2008-82 AUTHORIZING CONTRACT PAY AND BENEFITS - I.A.F.F. LOCAL 505, FIRE ASSOCIATION

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authority to make a decision as to any other issue not so submitted to him or as to any issue not covered by the terms of this agreement. In the event that the arbitrator finds a violation of the terms of this agreement, he shall fashion an appropriate remedy within the limits provided herein. The arbitrator shall have no power to make a decision that is contrary to the laws of the State of Illinois or the United States. The arbitrator shall submit his written decision to the parties within thirty (30) business days of the close of the hearings or the submission of briefs, whichever is later, unless the parties agree to an extension. A decision rendered consistent with the terms hereof shall be final and binding and may be enforced at the instance of either party pursuant to the procedure in the Illinois Public Labor Relations Act. The pendency of any proceedings for review of the arbitrator's decision as allowed by law shall not automatically stay the order of the arbitrator. Section 9. For all arbitrations, the losing party shall bear the cost of the arbitration, as well as the cost of providing the arbitrator a transcript of the hearings. In the event that the decision of the arbitrator finds in part for each party the arbitrator shall provide in his order for the assessment and division of such costs. All proceedings shall be tnanscribed unless mutually agreed to the contrary. Each party shall be responsible for compensating its own representatives and witnesses. Section 10. No grievance shall be entertained or processed u�nless submitted, in writing to the Fire Chief, as per Section 5 hereof, within fifteen (15) business days of the date that the employee knew or should have known of the event giving rise to a grievance. Any award to an aggrieved employee for a violation of the terms of this agreement shall be limited to consideration of only the said fifteen (15) business days immediately preceding the filing of the grievance plus any period thereafter during which such practice continued. If a grievance is not appealed by the union or the employee to the next step in the procedure set out herein within the time limits set forth or as mutually extended in writing, it shall be deemed waived and settled on the basis of the city's last response. Section 11. The affected employee shall have the right to be present at any of the hearings provided for herein if such employee so chooses. Section 12. If a request for arbitration is made as provided in Section 7 hereof and the parties are unable to mutually agree upon an arbitrator within 10 business days thereof, then FMCS must be so notified in writing, and asked to submit a panel of arbitrators as therein provided, within 45 business days of the date said request for arbitration was received by the City Manager's Office. Upon the receipt of said panel, the union must within seven (7) business days thereof notify the City that it is willing to meet or otherwise confer with the City within 14 business days of said notice for the purpose of selecting an arbitrator. The City shall meet with the Union within said 14 business days. For the purposes hereof, notice shall be considered served on the date of mailing. If such notices are not served within the time limits provided herein, no arbitrator shall have authority or jurisdiction to decide the matter and the same will be deemed settled on the basis of the City's last response. The time limits established herein may be extended by mutual agreement, in writing, of the parties. Section 13. An employee receiving a suspension may, upon written notification to the Fire Chief and prior to the commencement of such suspension, elec� to use any accumulated vacation leave for the duration of such suspension. If an employee elects to use accumulated vacation leave for the duration of the suspension, the employee waives their right to a hearing before the Civil Service Commission or before an Arbitrator pursuant to Article 18. ' z�