Page 112 - 2016-2021-OSU
P. 112

resolution  of the  grievance. If  the Master Arbitrator  determines that an

           evidentiary hearing  is necessary, the  grievance shall be  scheduled  for

           expedited arbitration before the  Master Arbitrator for the next available
           hearing  date.  The  Master  Arbitrator shall  discuss  with  the  parties  the

           specific issue to be arbitrated, and the specific witnesses who shall testify at
           the expedited arbitration. The Master Arbitrator shall have the authority to

           preclude  witnesses he/she determines to be non-essential to the  issue(s)
           before him/her.

              (5) The parties may provide legal counsel at the expedited arbitration. All
           relevant facts  and documents shall be stipulated to at the expedited

           arbitration, and witnesses may be presented upon the approval of the Master
           Arbitrator. Except in exceptional cases, there will be no written briefs filed:

           verbal closing statements will be allowed. The Master Arbitrator shall take
           notice of all relevant prior arbitration decisions. The Master Arbitrator shall

           render a written Award no later than thirty (30) days after the close of the
           hearing.

              (6) Upon mutual agreement by CSEA and the State, and with the consent
           of the Master Arbitrator, certain grievances shall be heard before the Master

           Arbitrator in  a traditional arbitration  setting, allowing  a  full  range  of
           witnesses and the submission of written briefs. In exceptional cases, at the

           request  of the Master  Arbitrator, an  outside  ad  hoc  arbitrator  may  be
           employed to hear and determine a specific grievance or issue, as agreed upon

           by the parties.
              (7) The Master Arbitrator shall have full authority to resolve all procedural

           and  substantive  contractual  issues  at  either  the  Triage phase or the
           Expedited Arbitration phase of Step 4, but shall  have no power to add to,

           subtract from or modify the terms or provisions of this Agreement. The
           Master Arbitrator shall confine his  Award solely to the application and/or

           interpretation of this Agreement. All Awards of the Master Arbitrator, both

           at the Triage phase and at the Expedited Arbitration phase, shall be final and
           binding consistent with the provisions of CPLR Article 75.
              (8) The Master Arbitrator shall be available for a specified number of days

           in each month to review and resolve grievances and  to study and issue

           Awards, as agreed upon by the parties. All fees and expenses of the Master
           Arbitrator shall be divided equally  between the parties.  The parties agree

           that  the  Master  Arbitrator  shall  be  paid the customary fees for such


                                                              111
   107   108   109   110   111   112   113   114   115   116   117