R2017-48 Contract Pay and Benefits AFSCME Local 268 and Decatur Public Library

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Section 5. Arbitration Procedures Within thirty (30) days of submission of a matter to arbitration, representatives of the Employer and the Union shall meet to select an arbitrator from a list of mutually agreed to arbitrators. If the parties are unable to agree on an arbitrator within twenty (20) working days after the meeting, the parties shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) arbitrators. Either party may reject one entire panel of arbitrators. In the event a party strikes the entire panel of arbitrators, a joint request for a new list of seven (7) arbitrators shall be submitted to the Federal Mediation and Conciliation Service within ten(10) working days. Within ten (10) working days of receipt of the final list, the parties shall alternately strike the names of three (3) arbitrators, taking turns as to the first strike. The person whose name remains shall be the arbitrator. Within five (5) working days of selection the arbitrator shall be notified of his/her selection by a joint letter from the Employer and the Union requesting that he/she set a time and place for the hearing, subject to the availability of the Employer and Union's representatives. A time and place for the hearing shall be scheduled within ten (10) working days. The arbitrator shall be notified of the issue where mutually agreed to by the parties. All hearings shall be held in the City of Decatur, unless mutually agreed otherwise. The Employer and the Union shall have the right to request the arbitrator to require the presence of witnesses and/or documents. Questions of arbitrability shall be decided by the arbitrator. The arbitrator shall make a preliminary determination on the question of arbitrability. Once a determination is made that the matter is arbitrable or if such preliminary determination cannot be reasonably made, the arbitrator shall then proceed to determine the merits of the dispute. The arbitrator shall neither amend, modify, nullify, ignore, add to, nor subtract from any of the provisions of this Agreement. The expenses and fees of the arbitrator and the cost of the hearing room shall be borne equally. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union, and the employee and/or employees involved, except for any right of appeal. If either party desires a verbatim record of the proceeding, it may cause such a record to be made, providing it pays for the record and makes a copy available, without charge, to the arbitrator. If the other party desires a copy, it shall pay one-half of the transcription fee and the full cost of duplicating its copy. Section 6. Processing Grievances (A) The grievant and necessary witnesses whose testimony is pertinent to the grievant's presentation or argument will be permitted reasonable time without loss of pay to attend the arbitration hearing and up to one (1) hour without loss of pay for purposes of preparation with the attorney or AFSCME Council 31 Representative. (B) The Employer, the Union and the grievant shall cooperate in the investigation of any Page 7 of 29