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(a) If it is the decision of the Union to submit the grievance to arbitration, then the Union shall notify the Department of Human Resources in writing within fifteen (15) workdays after the final answer of the City has been received by the Union. All such appeals shall be submitted to the Labor Management Forum under paragraph B unless the parties mutually agree otherwise.
Within seven (7) calendar days after this notification, the Union or the City shall provide written notification to the other if the use of expedited arbitration under Section 2115.24 is desired. The parties will confer within seven (7) calendar days thereafter to decide if the expedited labor arbitration process is to be used, as set forth in this contract. If neither side requests expedited arbitration or the parties do not agree upon same, then the following process is to be followed.
(b) Two (2) representatives from the Union and two (2) from the City shall meet on a bi-monthly basis to discuss grievances appealed to arbitration since their last session and any other matters mutually agreed upon. Where more than two (2) representatives are needed to effectively deal with items on the agenda, up to two (2) more may attend from each side provided two (2) days advance notice is supplied of this need. The meetings shall serve as a forum for discussing the potential for resolving pending disputes. Information exchanged or positions taken may not serve as admissions in any later arbitrations or other legal proceedings.
Grievances not resolved in the forum may by mutual agreement still be submitted to Expedited Arbitration under Section 2115.24, or may be submitted by the Union to binding arbitration pursuant to part (c) of this section. The Union must confirm in writing within thirty (30) calendar days from the date of this labor- management forum that the grievance will proceed to arbitration; otherwise, the grievance will be considered as resolved based on the City's answer to the grievance.
(c) A list of seven (7) arbitrators shall be requested from the Federal Mediation and Conciliation Service (FMCS) or another mutually agreed source. Unless otherwise agreed, any list from FMCS shall be requested from the Northern Ohio and Michigan Sub Regions. After receipt of the list, either party may submit a written request to the non-moving party to strike a panel. The City and the Union shall alternately strike one (1) name from the list. The side to strike the first name shall be chosen by lot. If the non- moving party fails to strike the panel within twenty (20) workdays of receipt of the written request, then the moving party has the right to submit its preference in accordance with federal FMCS policies. The non-moving party shall have fourteen (14) calendar days to respond to the moving party's preference.
(d) The Arbitrator shall conduct a hearing within a reasonable time of his selection, at a time, date and place mutually agreed to by the parties. The Arbitrator shall render a decision within a reasonable time of the conclusion of the hearing, unless the parties agree to an extension. The Arbitrator shall not amend, add to or delete any of the provisions of this Agreement.
The City and the Union shall jointly establish a list which will be defined as an Expedited Labor Arbitration Panel. All grievances referred to this panel will be by mutual agreement, except as otherwise provided by this agreement.
The panel of labor Arbitrators will be comprised of seven (7) persons and shall be selected from a panel of twenty-one (21) Arbitrators requested from the Federal Mediation and Conciliation Service Area 48. The list shall be put in random order as selected by the parties after a coin toss to determine the first selector. An Arbitrator, upon rendering a decision, shall be placed in the seventh (7th) position and the person originally listed as second will become the next Arbitrator so assigned.
If the Arbitrator who is first on the list is unavailable on an expedited basis or within required time frames, the next available Arbitrator shall be used. The hearing shall be conducted by the Arbitrator in whatever manner will most expeditiously permit a full presentation of the evidence and arguments of the parties. There shall be no stenographic record of the proceedings, but the Arbitrator shall make an appropriate record of the proceedings. Normally, the hearing shall be completed in one (1) day. In unusual circumstances and for good cause shown, the Arbitrator may extend the hearing beyond one (1) day, and schedule an additional hearing, within five (5) workdays. There shall be no post hearing briefs unless otherwise agreed upon or unless requested by the Arbitrator. Any briefing shall be on an expedited basis.
The arbitration may proceed in the absence of any party who, after due notice, fails to be present. An award shall not be made solely on the default of a party. The Arbitrator shall require the attending party to submit supporting evidence.
The Arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered.
When both sides have completed their presentations, the Arbitrator shall ask whether either party has any further evidence to offer or witnesses to be heard. Upon receiving negative replies, the Arbitrator shall declare and note the hearing closed.
The award shall be rendered promptly by the Arbitrator and, unless otherwise agreed by the parties, not later than five (5) workdays from the date of the close of the hearing.
The award shall be in writing and shall be signed by the Arbitrator. If the Arbitrator determines that an opinion is necessary, it shall be in summary form.
The expenses of non-City employee witnesses for either side shall be paid by the party producing such witnesses. City employees called as witnesses shall be paid if called during normal working hours.
The Arbitrator shall interpret and apply these rules insofar as they relate to the Arbitrator's powers and duties.
The decision rendered by the Arbitrator shall be advisory only and shall not be precedent setting, except when the parties have agreed otherwise in advance or for adjudications of disputes over the reasonableness of Work Schedule Changes (Section 2115.64, “Work Schedules”), the excessive cost question under Subcon tracting (Section 2115.122), the duty to bargain under general work rules, or the reasonableness issue involving new Policies, Procedures, and Regulations (Section 2115.121 (d)).
In the event that the City fails to answer a grievance within the time required at any step of the grievance procedure or if the Union fails to appeal the answer given to the next step of the grievance procedure within the time allowed, then the grievance will be considered settled against the side which defaulted. Grievances settled by default cannot be the basis of establishing precedent for the settlement of any other grievances. Time limits may be extended by mutual agreement.
DISCIPLINARY PROCEDURE
(a) No employee shall be suspended without pay from the service of the City without first having been afforded a hearing by the City's designated hearing officer, except as provided below.
(b) An employee may be suspended without pay pending a hearing only for major infractions of theft, embezzlement of public funds, being under the influence of alcoholic beverages or abusive drugs during working hours, the use of alcoholic beverages or abusive drugs during working hours, physical violence, offenses involving gross misconduct, or gross insubordination.
(c) However, where an employee is suspended under this provision, the President of the Union or a designee shall be notified of the suspension immediately, and a hearing before the City's designated hearing officer shall be held prior to the end of the work day thereafter at a time mutually agreed upon. The sole purpose of the hearing will be to establish whether sufficient cause exists to continue the suspension until a full hearing as provided in Section 2115.27, “Procedure”, is held and a determination thereunder rendered. Said full hearing need not be scheduled within the time parameters provided under Section 2115.27, “Procedure”; rather, it shall be at the call of the hearing officer.
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