Arbitration.
If the answer to the grievance at step three is not satisfactory, the Union may submit the grievance to arbitration by official written notice to the Director of Labor within ten (10) working days of the date of the written answer to the grievance at step three. Upon receipt of said notice, the parties shall communicate and attempt to agree on an arbitrator. If no such agreement is reached within ten (10) working days, the Union shall institute the procedures of the Federal Mediation and Conciliation Services (FMCS) for the selection of an arbitrator.
The arbitrator will be requested to render a decision in writing within thirty (30) days (or such additional time as the parties may in writing agree) after the arbitration hearing. Such decision will be final and binding on the parties and may be enforced in any court of competent jurisdiction. The parties shall share equally the arbitrator's expenses.
The arbitrator will have no authority to: (a) add to, subtract from, or in any way modify this Agreement; (b) substitute her/his discretion or judgment for the University's discretion or judgment with respect to any matter this Agreement consigns to the University's discretion; (c) interpret any policy, practice, or rule, except as necessary in interpreting or applying this Agreement; (d) formulate or add any new policy or rule; or (e) establish or change the salary structure. Problems within the meaning of this procedure and of this arbitration clause shall consist only of disputes about the interpretation or application of the clauses of this Agreement, and about alleged violations of this Agreement. The arbitrator shall not have jurisdiction to consider any claim of which both parties have not had reasonable notice prior to the arbitration hearing. Arbitration awards will not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based. In no event shall monetary adjustments of a grievance cover a period prior to sixty (60) days before the filing of the written grievance.
