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2009-2013 Winnebago Agreement: AFSCME Circuit Clerk Local 473

2009-2013 Winnebago Agreement: AFSCME Circuit Clerk Local 473

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ployee offers testimony, providing such testimony is offered during the hours<br />

of the employee’s usual work day and not on a day of paid or unpaid leave<br />

(e.g. vacation, sick, personal, FMLA).<br />

6. Nothing in this Article shall preclude the parties from mutually agreeing to<br />

the appointment of a permanent arbitrator(s) during the term of this <strong>Agreement</strong><br />

or from mutually agreeing to using the expedited arbitration procedures of the<br />

American Arbitration Association.<br />

7. The decision and award of the arbitrator shall be final and binding on the Employer,<br />

the Union and the employee or employees involved.<br />

Section 5.5 Limitations On Authority Of Binding Arbitrator<br />

The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract<br />

from the provisions of this <strong>Agreement</strong>. The arbitrator shall consider and decide<br />

only the question of fact as to whether there has been a violation, misinterpretation or<br />

misapplication of the specific provisions of this <strong>Agreement</strong>. The arbitrator shall be<br />

empowered to determine the issue raised by the grievance as originally submitted in<br />

writing to the Employer. The arbitrator shall have no authority to make a decision on<br />

any issue not so submitted or raised. The arbitrator shall be without power to make a<br />

decision contrary to or inconsistent with, in any way, applicable laws, or of rules and<br />

regulations of administrative bodies that have the force and effect of law. The arbitrator<br />

shall not in any way limit or interfere with the powers, duties, or responsibilities of the<br />

Employer under statutory law and applicable court decision.<br />

Section 5.6 Time Off and Stewards<br />

1. Time Off An employee grieving shall be permitted reasonable time without<br />

loss of pay during working hours to attend grievance and arbitration hearings. One<br />

employee Union representative shall be permitted reasonable time without loss of pay<br />

during working hours to attend grievance hearings, and to attend arbitration hearings,<br />

unless serving as a witness, in which case such time shall be compensated at the employee's<br />

regular rate of pay.<br />

No employee or Union representative shall leave his/her work to investigate, file,<br />

or process a grievance without first notifying and making mutual arrangement with<br />

his/her supervisor as well as the supervisor of any unit to be visited, shall not be denied<br />

unreasonably. Time spent in such activities shall be limited to thirty (30) minutes per<br />

work day without loss of pay. Stewards shall report back to their supervisor immediately<br />

upon return from the activity.<br />

2. Stewards The Union will advise the Employer in writing of the names of the<br />

stewards in each department or work location, or of any changes in such. The number<br />

of stewards at any time shall not exceed 3. The Union may designate up to 3 alternate<br />

stewards who shall have the privileges and duties of stewards when stewards are unavailable.<br />

Section 5.7 Advanced Grievance Step Filing<br />

Certain issues which by nature are not capable of being settled at a preliminary step of<br />

the grievance procedure or which would become moot due to the length of time nec-<br />

7

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