1.1 Filing for Arbitration - Any grievance not settled in accordance with the Grievance Procedure Article may be submitted to arbitration at the option of the Union consistent with the timelines set forth in Article 15 - Grievance Procedure. There will be no submission of multiple grievances to arbitration in one demand, nor will separately submitted grievances be consolidated and/or merged before the same Arbitrator, absent mutual written consent between the Parties. Accordingly, in the absence of mutual consent of the Parties, an Arbitrator may not be presented with or rule upon more than one grievance.
1.2 Selection of the Arbitrator - In the event the Union submits a grievance or dispute to arbitration to the Federal Mediation and Conciliation Service (FMCS), the FMCS will provide a panel composed of eleven (11) Arbitrators from which the Parties will select the Arbitrator by each alternately crossing off a name and the Arbitrator left will be designated as Arbitrator. The Parties will alternate from one Arbitrator to the next who will be required to strike the first name from the list.
1.3 Arbitrator's Authority - The Arbitrator will consider only those grievance or grievances submitted and the issues raised therefrom, including any amendments to a grievance that were timely submitted pursuant to the grievance procedures. The jurisdiction of the Arbitrator and his/her decision will be solely confined to a determination of the facts and the interpretation or application of the specific provision of this Agreement at issue. The Arbitrator will be bound by the terms and provisions of this Agreement. The Arbitrator will have no authority to add to, subtract from, modify or amend any terms or provisions of this Agreement. The Arbitrator will confine his/her judgment to the facts submitted in the hearing, the evidence presented to him/her at the hearing, and the express terms and provisions of this Agreement. The Parties are precluded from filing written briefs on discipline or discharge cases and will be limited to closing arguments to be presented at the end of the hearing. At the conclusion of closing arguments the hearing will be declared closed unless so otherwise ordered by the Arbitrator. In contract language cases the Parties may file briefs within fifteen (15) calendar days from the conclusion of the hearing, at which point the case will be closed. The Arbitrator will provide a written decision within twenty (20) calendar days from the closing of the case.
1.4 The decision of the Arbitrator will be final and binding upon the Parties (without waiving either Parties right to appeal the decision in a court of appropriate jurisdiction) and will be compiled within twenty-five (25) working days after the decision has been reached, unless an appeal has been filed as set forth above or unless waived by mutual agreement.
1.5 Fees - The fee and expense of the Arbitrator will be borne equally by the Union and the Company. The expense of witnesses for either side will be paid by the Party producing the witnesses. The Company will honor reasonable requests from the Union to release employees from work to testify as witnesses. If a stenographic record is made, either Party may order a transcript thereof and the full cost will be paid for by the Party ordering the same.
1.6 Extension of Time Limits - Time limits may be extended only by mutual written agreement of the Parties.