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AgdaPkt 2011-08-22
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AgdaPkt 2011-08-22
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Last modified
1/26/2012 12:02:59 PM
Creation date
8/18/2011 4:39:56 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
8/22/2011
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6.1. C. - Page 35 <br /> upon an arbitrator. If no agreement can be reached, they shall request that the <br /> State Conciliation Service supply a panel of five names of persons experienced <br /> in hearing grievances in cities. Each party shall alternately strike a name until <br /> only one remains. The remaining panel member shall be the arbitrator. The <br /> order of the striking shall be determined by lot. <br /> 19.2.6.5 If either the City or the Association so requests, a separate arbitrator shall be <br /> selected to determine the issue of arbitrability. The process to be used in <br /> selecting an arbitrator shall be as set forth in 19.2.6.4. <br /> 19.2.6.6 The arbitrator shall, as soon as possible, hear evidence and render a decision on <br /> the issue or issues submitted to him. If the parties cannot agree upon a <br /> submission agreement, the arbitrator shall determine the issues by referring to <br /> the written grievance and the answers thereto at each step. <br /> 19.2.6.7 The City and the Association agree that the jurisdiction and authority of the <br /> arbitrator so selected and the opinions the arbitrator expresses will be confined <br /> exclusively to the interpretation of the express provision or provisions of this <br /> Agreement at issue between the parties. The arbitrator shall have no authority to <br /> add to, subtract from, alter, amend, or modify any provisions of this Agreement or <br /> the written ordinances, resolutions, rules, regulations and procedures of the City, <br /> nor shall he/she impose any limitations or obligations not specifically provided for <br /> under the terms of this Agreement. The Arbitrator shall be without power of <br /> authority to make any decision that requires the City or management to do an act <br /> prohibited by law. <br /> 19.2.6.8 The City and the Association agree that the arbitrator shall prepare a written <br /> decision containing findings of fact, determinations, of issues and a disposition <br /> either: <br /> (1) that the position of the association shall be sustained; or <br /> (2) that the position of the City shall be sustained. <br /> 19.2.6.9 After a hearing and after both parties have had an opportunity to make written <br /> arguments, the arbitrator shall submit in writing to all parties his findings and <br /> award. <br /> 19.2.6.10 The award of the arbitrator shall be final and binding. <br /> 19.2.6.11 The fees and expenses of the arbitrator shall be shared equally by the City and <br /> the Association. <br /> All other expenses shall be borne by the party incurring them, and neither party <br /> shall be responsible for the expense of witnesses called by the other. Either <br /> party may request a certified court reporter to record the entire arbitration <br /> hearing. The cost of the services of such court reporter shall be shared equally <br /> by the parties. <br /> 28 <br />
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