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(3) The Master Arbitrator shall have complete authority at the Triage
phase of Step 4 to sustain or deny the grievance, or to suggest and
accomplish 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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
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