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 2117.65, “Work Schedules”), the excessive cost question under Subcon tracting (Section 2117.129, “Subcontracting”), the duty to bargain under general work rules, or the reasonableness issue involving new Policies, Procedures, and Regulations (Section 2117.128, “Policies, Procedures, and Regulations” (d)).