KM Unit – ART. 27: Arbitration Procedure

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ARTICLE 27 – 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 written request for  arbitration must be sent by certified mail or email and received by  the Chief Human Resources Officer or designee within thirty (30)  calendar days of the date on which the Step 3 grievance decision was  issued or due. Arbitration requests filed by email must be sent to  laborrelations@ucmerced.edu. The ‘date of filing’ for arbitration  requests shall be the date received on the University server, provided  that the request is received during business hours. If a request is  received outside of normal business hours, the first following  business day will be deemed the filing date. The University shall  provide an acknowledgement of the Union’s request for arbitration  within (2) two business days. If the University challenges the  arbitrability of the grievance it shall provide notice to the Union prior  to the selection of the arbitrator, when practicable. 

Proof of service must accompany appeals sent by certified mail. An  appeal to arbitration is considered filed on the date it is received in  the Labor Relations Office. 

B. Selection of Arbitrators 

Within fourteen (14) calendar days of a request for arbitration, the  parties shall meet and attempt to reach agreement on an arbitrator. If  no agreement is reached, the parties shall use the arbitrators listed  herein by randomly drawing three names. The first arbitrator’s name  drawn shall be contacted and if the arbitrator’s first available date is  more than ninety (90) calendar days from the date of the request, the  parties may agree to contact the second arbitrator’s name drawn. If  the second arbitrator’s first available date is more than ninety (90)  calendar days from the date of request, the parties may agree to  contact the third arbitrator. If the third arbitrator is not available as  specified above, the selection process shall be repeated until an  arbitrator is selected. The arbitrator will be selected from the  following: 

  1. Mr. Michael Askin 
  2. Ms. Katherine Thompson 
  3. Mr. John Kagel 
  4. Mr. Robin Matt 
  5. Mr. Paul Roose 
  6. Mr. Michael Prihar 
  7. William Riker 
  8. Carol Vendrillo 

If an arbitrator on this list declines to take cases in this area, the  parties will agree on a replacement. 

C. Arbitration Procedure 

  1. The arbitration procedure 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 and provided to the opposing party at least seven  (7) calendar days prior to the hearing.

  2. The arbitrator may not admit settlement offers as evidence at the  arbitration hearing.

  3. 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.

  4. Settlement proposals may be offered at any stage prior to or  during arbitration.

  5. The arbitration hearing shall be closed to the public unless the  parties otherwise agree.

  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 brief description  of each issue under submission, the position of the parties, the  findings of fact, the arbitrator’s conclusion(s) as to violation of  the Agreement, if any, and, where appropriate, a remedy.

  7. 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 the Agreement. If the arbitrator determines that a  grievance was not received by the University within the time  limits set forth in Article 26, Section B, the arbitrator shall have  no jurisdiction to decide the merits of the grievance. The  arbitrator shall have no jurisdiction to decide issues not  specifically identified on the initial grievance form.

  8. 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 

  1. If the grievance is sustained in whole or in part, and subject to  the limitations set forth in Paragraph 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 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 or the parties mutually agree in writing  to an extension of time. The arbitrator shall retain jurisdiction  for purposes of disputes over application of the decision and/or  remedy ordered.
  1. 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:

  2. Any period of time during which an extension of time limits  has been granted by the University at the request of the  Union; or,

  3. 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, the  rescheduled date of the hearing; or

  4. Any period of time greater than sixty (60) calendar days  prior to the date of the Informal Review, Step 1 of the  Grievance Procedure, except for the correction of  mathematical, calculation, recording or accounting errors.  For grievances involving the correction of an error in the  payment of wages or the correction of mathematical  calculations, recording or accounting errors relating to the  payment of wages (for example vacation leave, holidays,  overtime, military leave or the amount of shift differentials,  if any) shall not be made retroactive to a date earlier than  two years 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 an  arbitration is scheduled during the regular work time of an employee  who is a grievant release time with pay shall be granted to the  employee(s) and 1 employee representative involved in said hearing  or meeting so long as a request to the employee’s immediate 

supervisor for release time is received at least twenty-four (24) hours  in advance. Employees so released shall be granted leave with pay  and time shall be counted toward hours worked. For purposes of  release time, it shall be assumed the employee is a day shift  employee. University employees called as witnesses shall be  released from work with reasonable advance request and granted  leave with pay for reasonable time spent in meetings convened to  resolve the arbitration and for the arbitration hearing. Time spent in  preparation for arbitration shall be on pay status as follows: 

  1. A maximum of ten (10) hours per month will be granted for  arbitration-related activity; and,

  2. A request for the release time described in subsection (a) above  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.
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