ARTICLE 6 - ARBITRATION

6.01 - Arbitration Panel

Within thirty (30) days after this Agreement becomes effective, the Employer and the Association shall select a panel of six (6) arbitrators.  The panel shall be assigned cases in rotation order designated by the parties.  Each arbitrator shall serve for the duration of this Agreement.  Either party may notify the other of its intent to terminate an arbitrator.  Within five (5) days of receipt of such notification, the parties shall notify the arbitrator by joint letter that his/her services are terminated.  The arbitrator shall conclude his/her services by settling any grievances previously heard within forty-five (45) days of such notification.  Any successor arbitrator(s) shall be mutually selected by the parties from the panel of arbitrators referenced in the following section and in accordance with the procedure for the selection of Grievance Mediation panel members and the arbitration rules.  Conversely, the parties may, by mutual agreement, change an arbitrator's appointment from the Arbitration Panel to the Grievance Mediation Panel.  The arbitration rules are included in Appendix H.

6.02 - Mediation Panel

Within thirty (30) days after this Agreement becomes effective the Employer and the Association shall select three (3) arbitrators to serve on the Grievance Mediation panel.  These arbitrators shall be used for the grievance mediation procedure as referenced in Section 5.10 of the Agreement.  The panel shall be assigned cases in rotation order as designated by the parties.  Each panel member shall serve for the duration of this Agreement except that either party may notify the other of its intent to terminate a panel member.  Within five (5) days of receipt of such notification, the parties shall notify the panel member by joint letter that his/her services are terminated.  Any successor panel member(s) shall be mutually selected by the parties in accordance with the mutually agreed upon procedure and the arbitration rules.

6.03 - Scheduling of Arbitration

Unless mutually agreed otherwise, the parties shall meet monthly to schedule requests for arbitration.  Meetings shall occur during the work day at times which are least likely to require a substitute employee and at times which are least disruptive to the operation of the Employer.  The designated Association Representative shall be permitted two (2) hours per month at his/her base rate of pay to attend such meetings and such release time shall be by mutual agreement.

6.04 - Expenses

All fees and expenses of the arbitrator and hearing shall be borne equally by the parties except as provided in this Section. The arbitrator shall submit an account for the fees and expenses of arbitration to each party.  If one (1) party desires a transcript of the proceedings, the total cost for such transcription shall be paid by the party desiring the transcript.  If the other party desires a copy, then the total cost for such transcription shall be shared equally by both parties.  The parties agree that normally transcripts will not be requested.  All other costs incurred by each party will be paid by the party incurring the costs.

6.05 - Arbitrator Limitations

Only disputes involving the interpretation, application or alleged violation of provisions of this Agreement shall be subject to arbitration.  The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement; nor shall the arbitrator impose on either party a limitation or obligation not specifically required by the express language of this Agreement.

Questions of arbitrability shall be determined by the arbitrator. 

6.06 - Witnesses and Subpoenas

The arbitrator shall have authority to subpoena witnesses pursuant to Section 2711.06 of the Ohio Revised Code.  Upon receiving a request to issue a subpoena(s), the arbitrator shall contact the other party and hear and consider any objections to the issuance of said subpoena(s).  If the arbitrator sustains the objection to the issuance of the subpoena, the arbitrator shall inform the parties at least five (5) days prior to the hearing.  The arbitrator shall not knowingly subpoena persons to offer repetitive testimony, nor shall he/she subpoena persons who do not have direct knowledge of the incident giving rise to the grievance or whose testimony is not relevant to the grievance.

When the arbitrator determines that so many employees from the same work facility have been subpoenaed that the number of subpoenaed employees would impede the ability of the Employer to carry out its mission or inhibit the Employer's ability to conduct an efficient operation, arrangements shall be made to take the testimony desired in such a manner to alleviate these concerns.

Five (5) days prior to the start of an arbitration hearing, the parties shall deliver the names of all witnesses to each other.  Where either party will make an issue of "intent", that party will notify the other party ten (10) days prior to the hearing.

Where the intent of the Agreement is determined to be relevant, no more than one (1) member of either bargaining committee may be called as a witness by a party.

The Employer agrees to compensate at base rate of pay, employees subpoenaed as witnesses by the Association.  The Association shall assume all costs for transportation, meals and lodging for the grievant's witnesses called by the Association.

6.07 - Issues

Prior to the start of an arbitration hearing, the representatives of the Employer and the Association shall attempt to reduce to writing the issue(s) to be placed before the arbitrator and any stipulations as may be agreed upon.  At the meeting, if the parties cannot agree upon the issue(s) they shall at that time submit separate versions of the issue(s) in writing to each other, and shall submit copies to the arbitrator at the hearing.  Where such a statement is submitted, the arbitrator's decision shall address itself solely to the issue(s) presented and shall not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute which is not specifically related to the submitted issue(s).

6.08 - Arbitration Decisions

The arbitrator shall render a decision as quickly as possible, but in any event, no later than forty-five (45) days after the close of the record unless the parties agree otherwise.

The arbitrator's decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issues submitted to arbitration.  The arbitrator's decision shall be final and binding upon the Employer, the Association and the employee(s) involved, except as provided in Chapter 2711 of the Ohio Revised Code.

6.09 - Expedited Arbitration Procedure

Unless mutually agreed otherwise by the parties, the expedited arbitration procedure shall apply to all suspensions of ten (10) days or less which are grievable and arbitrable, as well as any grievances arising under Article 18.

Provisions of this Article apply to expedited arbitration with the following modifications:

1. Each party shall have the responsibility of collecting written notarized statements from any witnesses it desires.  Such witness statements shall be exchanged at least five (5) days prior to the scheduled hearing.  These notarized statements shall be received by the arbitrator and considered as evidence.  Any party wishing to cross-examine on the contents of a notarized statement shall either subpoena or request the voluntary appearance of the witness.
2. The parties agree that there will be only a limited number of witnesses called.  Each party will reduce to writing its statement of facts, the names of any witnesses to the incident(s) giving rise to the grievance, and/or any facts surrounding the incidents.  The parties will exchange these written statements at least fifteen (15) days prior to the arbitration hearing.
3. On the day of the hearing, the arbitrator shall consider the arguments of the representative of each party, the parties' written statements, notarized witness statements, and evidence and testimony of witnesses presented at the hearing.
4. No briefs shall be used except by mutual agreement of the parties.
5. Where a disciplinary grievance is involved, the arbitrator has the option to issue a bench ruling at the conclusion of the hearing.  However, if a bench ruling is issued, the arbitrator shall submit to the parties a short written decision within five (5) days of the close of the hearing.  Such decision shall include:  1) a summary of facts; 2) a rationale; and 3) the award made.

6.10 – Alternative Dispute Resolution

Where the parties mutually agree, grievances may be identified as being ripe for alternative dispute resolution methods.  Such alternative methods may include, but are not limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day.  Because these methods of resolution are non-traditional in nature and the traditional notions of proof may not apply, in disciplinary cases involving a suspension and/or fine greater than three (3) days, the Union shall present to the Employer a signed waiver by each grievant whereby the grievant agrees to be bound by the decision.  Such waivers shall be presented to the Employer prior to the case being heard by the Arbitrator.  The Association and Office of Collective Bargaining may mutually agree to schedule issue grievances and suspension or fine grievances of three (3) days or less without the consent and signed waiver of the grievant.