2017-02-22 CC Packet - Laserfiche WebLink

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B. The Arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The Arbitrators decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the Arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the Arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings and cost shall be shared equally. 7.6 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived." if a grievance is not appealed to the next Step within the specked time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER- last answer. If the EMPLOYER does not answer a grievance or an appeal there of within the specified time limits, the UNION may elect to teat the grievance as denied at that Step and immediately appeal the grievance to the next Step. The time limit in each Step may be extended by mutual written agreement of the EMPLOYER and the UNION in each Step. ARTICLE VIII - SAVING CLAUSE This AGREEMENT is subject to the law. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX - DISCIPLINE 9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a.) Oral reprimand; b.) Written reprimand; c.) Suspension; d.) Demotions; or e.) Discharge. 7 60 •