ARTICLE 24 – ARBITRATION PROCEDURE
A. Request for Arbitration
A request for arbitration may be made only by the Union and only after exhaustion of the Grievance Procedure. The request for arbitration must be received by the designated Labor and Employee Relations Official within twenty (20) calendar days of the receipt of the Step 3 grievance decision by the Union from the designated University official. Proof of service must accompany these mailings.
B. Selection of Arbitrators
Within fourteen (14) calendar days of a request for arbitration, the parties shall meet and attempt to mutually agree to the selection of any qualified and available person to serve as an arbitrator. If the other party agrees, that proposed arbitrator shall be selected for the arbitration in accordance with the terms of Article 24. Should the parties fail to select the arbitrator, they shall use the list of arbitrators herein by randomly drawing three (3) names. The first arbitrator’s name drawn shall be contacted. If the arbitrator’s first available date is more than sixty (60) calendar days from the date of the request for arbitration, the parties may agree to contact the next arbitrator’s name drawn. If neither the second nor third arbitrator is available within sixty (60) calendar days, the selection process shall be repeated until an arbitrator is selected.
C. Arbitration Procedure
- The arbitration proceeding shall provide an opportunity for the Union and the University to examine and cross-examine witnesses under oath and to submit relevant evidence. Relevant material and the names of all witnesses who are to be called shall be identified by the parties prior to the hearing. To the extent possible, witnesses and material should be identified at least seven (7) calendar days prior to the hearing.
- The arbitrator may not admit settlement offers as evidence at the arbitration hearing.
- Prior to the arbitration, the Union and the University shall attempt to stipulate as to the issue(s) to be arbitrated and to as many facts as possible.
- Settlement proposals may be offered at any stage prior or during arbitration.
- The arbitration hearing shall be closed to the public, unless the parties otherwise agree in writing.
- 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 brief description of each issue under submission, the position of the parties, the findings of facts, the arbitrator’s conclusion(s) as to violation of the Agreement, if any, and, where appropriate, a remedy.
The arbitrator shall be limited to interpreting the written provisions of the Agreement regarding the issues submitted and shall have no power to add to, delete from, or otherwise alter the terms of Agreement. The arbitrator shall have no jurisdiction to decide a grievance which was not received by the University within the time limits set forth in Article 23, Section B. The arbitrator shall have no jurisdiction to decide issues not specifically identified on the initial grievance form filed by the Union.
7. The arbitrator’s fees shall be borne equally by the parties. Expenses for stenographic or other services or facilities shall be borne by the party requesting such services or facilities, unless the parties agree otherwise in advance.
D. Decision and Remedy
- If the grievance is sustained in whole or in part, and subject to the limitations set forth in section D.2 below, the remedy shall not exceed 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, Workers’ Compensation and Unemployment Insurance Benefits. The decision of the arbitrator, within the limits described herein, shall be final and binding and distributed to the parties within thirty (30) calendar days of the close of the record of the hearing, unless the arbitrator notifies the parties that the time frame cannot be met.
- 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 first date the arbitrator is available for an arbitration hearing and the date of the hearing, when the first date is rejected by the Union; or
c. any period of time greater than sixty (60) calendar days prior to the date of the Informal Review, Step 1, of the Grievance Procedure.
E. Release Time and Pay Status
Whenever an arbitration hearing or a meeting convened to resolve the arbitration is scheduled during the regular work time of an employee who is a grievant or a representative, reasonable release time with pay shall be granted to such employee(s) involved so long as a written request for release time is received at least twenty-four (24) hours in advance. Employees so released shall be granted leave with pay. When arbitrations or meetings occur outside an employee’s schedule work time, no employee release time shall be granted. University employees called as witnesses may be released from work for reasonable time spent in meetings convened to resolve the arbitration and for the arbitration hearing.
Time spent in investigation and preparation for arbitration shall be on pay status as follows:
- Up to a maximum of ten (10) hours per month not to exceed fifteen (15) hours per case in total will be granted to bargaining unit employees for the preparation of a case that has been scheduled for hearing in arbitration; and
- A request for the release time described in subsection (a) must be made to the grievant’s and/or the representative’s immediate supervisor at least twenty-four (24) hours in advance of the activity.
F. List of Arbitrators
Kenneth A. Perea