ARTICLE XIII

SECTION D
ALTERNATIVE DISPUTE RESOLUTION

  1. This is an alternate to the procedure set forth in Article XIII, Section C/Grievance Procedure. Individual members of the bargaining unit (BCEA) may have access to this procedure with the approval of the BCEA.

  2. A written joint submission statement setting forth the issue(s) to be determined will be prepared by the parties prior to the hearing by an arbitrator. In the event the parties cannot jointly agree on a submission statement then at the hearing, each party shall present to the arbitrator its own submission statement in which case the arbitrator shall determine the issues to be resolved.

  3. Only those grievances that directly concern and/or involve the interpretation and/or application of the specific terms and provisions of this Memorandum of Understanding may be submitted to arbitration. In no event shall such arbitration extend to:

    1. The interpretation, application, merits or legality of any state or local law or ordinance; unless the arbitrator, in his or her discretion, finds it necessary to interpret or apply such state or local law in order to resolve the grievance which has been submitted to the arbitrator.

    2. The arbitrator will be compensated at the contracted flat daily rate and the costs related to the hearing will be borne entirely by the grievant. If a stenographic record of the hearing is made, it will be at the expense of the requesting party. A true copy of the stenographic record, if any, shall be forwarded to both the City and BCEA. The grievant can be represented by legal counsel, or a party of their own choosing. The BCEA shall be afforded the opportunity to be present during the course of the hearing as an observer.

  4. The arbitrator selected shall hear the grievance(s) within thirty (30) working days of his or her selection, or by mutual agreement.

  5. Arbitration of a grievance hereunder shall be limited to the formal grievance as originally filed by the employee to the extent that said grievance has not been satisfactorily resolved.

  6. The arbitrator shall issue a "letter award" within ten (10) days of the hearing, if a stenographic record is utilized. If no record is used the arbitrator's "written award" shall be submitted within thirty (30) calendar days from the last day of the hearing. The arbitrator's decision shall be forwarded to the City Manager, who shall review the award and make the final decision within thirty (30) days of its receipt. The decision of the arbitrator shall be solely advisory in nature to the City Manager.

  7. The decision of an arbitrator resulting from any arbitration of grievances hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of the Memorandum of Understanding.

  8. The decision of the arbitrator shall be binding upon the grievant, but only advisory respective to the City, and subject to review by the City Manager.