A. Request for Arbitration
A request for arbitration may be made only by the Union, and only after receipt of the Step 2 decision or within sixty (60) calendar days after the date on which the Step 2 decision is due, or within sixty (60) calendar days after the date on which there was an agreement to waive the Step 2 grievance meeting. The request for arbitration must be received by the designated University official via hand delivery or e-mail to the e-mail address designated by the University within s i x t y ( 6 0 ) calendar days of the receipt of University’s Step 2 Decision, or within sixty (60) calendar days after the date on which the Step 2 decision is due, or within sixty (60) calendar days after the date on which there was an agreement to waive the Step 2 grievance meeting.
B. Selection of Arbitrators
Within thirty (30) calendar days of a request for arbitration, the parties shall select an arbitrator. If the parties cannot agree on an arbitrator, they shall strike names from the following list in order to select an arbitrator:
- Lou Zigman
- Anthony Giorgio
- Sara Adler
- Walter Dougherty
- Michael Rappaport
- Terri Tucker
- Mark Burstein
- Frank Silver
- Jan Stiglitz
- Kenneth A. Perea
- Jill Klein
- Frederick Horowitz
- Edna Francis
C. Arbitration Procedure
1. The arbitration proceeding shall provide an opportunity for the parties to examine and cross-examine witnesses under oath and to submit relevant evidence. At least fourteen (14) calendar days prior to the hearing, the parties shall exchange relevant documentary evidence and the names of the witnesses who will be called to testify at the hearing.
2. The arbitrator shall not have the authority to admit settlement offers as evidence at the arbitration hearing.
3. Prior to the arbitration the parties shall attempt to stipulate as to the issue(s) to be arbitrated and to as many facts as possible.
4. The parties can settle a case at any time.
5. The arbitration hearing shall be closed to the public unless the parties otherwise agree in writing.
6. The arbitrator, following the close of the record of the hearing, shall consider the evidence presented and render a written decision. The written decision shall include a description of each issue under submission, the position of the parties, the findings of fact, the arbitrator’s conclusion(s) as to the violation of the Agreement, if any, and, where appropriate, a remedy.
D. The Arbitrator’s Role
1. The arbitrator shall be limited to interpreting the written provisions of the Agreement regarding the alleged violation of the Agreement, as described in the formal written grievance or as agreed to by both parties. The arbitrator shall have no authority to add to, delete from, or otherwise alter the terms of the Agreement. The arbitrator shall have no authority to decide a grievance or request for arbitration which was not received by the University within the time limits set forth in this Agreement, except when both parties agree otherwise. The arbitrator shall have no authority to decide issues not specifically identified by the Union up through, and including, the filing of the formal Step 2 Grievance. The arbitrator shall have no authority to issue subpoenas. The arbitrator shall consider the evidence presented and render a written decision within (30) calendar days of the close of the record of the hearing.
2. The University shall inform the Union in writing of its intent to assert the issue of arbitrability prior to the selection of the arbitrator. The issue(s) of arbitrability shall be resolved in a hearing prior to and separate from the hearing about the substantive facts and/or allegations in dispute. In such a case, the parties shall use the selection process described in Section B above, to select two arbitrators. The first arbitrator will be selected to hear the issues of arbitrability and the second arbitrator will be selected to decide the merits of the case if the issues are determined to be arbitrable. The arbitrator hearing the arbitrability question shall issue a bench decision upon completion of the arbitrability hearing unless the arbitrator determines the evidence presented at the hearing requires additional review and a written decision is more appropriate. In the event that the first arbitrator, as a result of the arbitrability hearing referenced above determines a matter to be arbitrable, the first arbitrator shall have no authority to decide the issues pursuant to the merits of the case. If the matter is determined to be arbitrable, a hearing on the merits of the case will be scheduled with the second arbitrator, unless the parties agree otherwise.
3. Section D.2. above, shall not prevent the parties from agreeing in writing to combine the arbitrability hearings with the hearing on the merits of the case or from agreeing to separate hearings on arbitrability and the merits of the case before a single arbitrator.
E. Arbitration Costs
1. The arbitrator’s fees shall be borne equally by the parties. Expenses for stenographic or other services or facilities shall be borne equally by the parties.
2. In the event either party requests the cancellation or postponement of a scheduled arbitration proceeding which causes an arbitrator to impose a cancellation or postponement fee, the party requesting such cancellation or postponement shall bear the full cost of the cancellation/postponement fee. In the event the parties agree to settle or postpone the arbitration during the period of time in which the arbitrator will charge a cancellation/postponement fee, the parties will equally bear the cost of the fee, unless the parties agree otherwise.
F. Arbitrator’s Decision and Remedy
1. The arbitrator shall not have the authority to award a remedy that exceeds restoring to the employee the pay, benefits, or rights lost as a result of a violation of the Agreement, less any compensation and benefits received from any source, including, but not limited to, Worker’s Compensation and Unemployment Insurance benefits. The decision of the arbitrator, within the limits described herein, shall be final and binding.
2. The arbitrator shall have no authority to award back wages or other monetary reimbursement nor shall the University be liable on a grievance claiming back wages or other monetary reimbursement for:
a. any period of time during which an extension of time limits has been granted by the University at the request of the Union; or
b. any period of time between the date a hearing was originally scheduled to be held and, due to a request from the Union to postpone or change the scheduled hearing, or the rescheduled date of the hearing; or
c. any period of time greater than forty-five (45) calendar days prior to the date of the Informal Review, Step 1 of the Grievance Procedure.