Section 18. Time LimitsParties may extend any time limit during any step <strong>of</strong> the grievance on a case-by-case basis by mutual<strong>agreement</strong>. Parties will agree to a reasonable extension <strong>of</strong> the time limits. Failure <strong>of</strong> the Employee tomeet any <strong>of</strong> the time limits at Step 1 or to request and receive an extension <strong>of</strong> time shall automaticallycancel the grievance, unless mutually agreed otherwise. Failure <strong>of</strong> Management or the Union to meettime limits or to request and receive an extension <strong>of</strong> time shall automatically move the grievance to thenext step. All time frames in this Article refer to work days, unless specified otherwise.Section 19. CancellationGrievances will be cancelled:A. At the Employee’s or Union’s request;B. Upon termination <strong>of</strong> the Employee’s employment with the Agency, unless personal relief to theEmployee may be granted after termination <strong>of</strong> employment;C. Upon death <strong>of</strong> the Employee, unless the grievance involves a question <strong>of</strong> pay, records, leave orretirement;D. When Management has granted the remedy requested;E. When the grievance is resolved.89
Article 26ArbitrationSection 1. GeneralThe purpose <strong>of</strong> this Article is to provide for the satisfactory settlement <strong>of</strong> grievances involving the effector interpretation, or a claim <strong>of</strong> breach <strong>of</strong> the <strong>collective</strong> <strong>bargaining</strong> <strong>agreement</strong>, or any claimed violation,misinterpretation, or misapplication <strong>of</strong> any law, rule, or regulation affecting conditions <strong>of</strong> employment.Questions <strong>of</strong> arbitrability or grievability, which cannot be resolved by the parties, shall be referred to thearbitrator for decision.Section 2. Grievability/ArbitrabilityWhen it is determined by an arbitrator that an issue is not grievable or arbitrable, the grievance shallterminate and no ruling on the merits <strong>of</strong> the case shall take place.Section 3. Arbitrator’s AuthorityThe arbitrator shall have no authority to alter, amend, add to or subtract from the negotiated <strong>agreement</strong>.The arbitrator shall be bound by and must comply with all terms <strong>of</strong> the <strong>agreement</strong>.Section 4. Expedited Arbitration ProceduresWhen mutually agreed upon, the parties may utilize an expedited arbitration proceeding as an alternativeto a full hearing. Options for such an expedited proceeding are:A. A Bench decision whereby the parties waive briefs and/or transcripts. Any such Bench decisionneed not be lengthy, but must contain the rationale and basis for the award.B. Written submissions and arguments from each party, which presents their respective cases,without a hearing.C. Hearing by telephone with briefs.D. An arbitrator inquiry when a formal hearing would serve no purpose. In this case the arbitratorwould make such inquiries, as he/she deemed necessary, e.g., inspecting work sites, takingstatements.Section 5. Invoking ArbitrationIf a decision on a grievance processed under the negotiated grievance procedure is not satisfactory, thePresident or designee, acting on behalf <strong>of</strong> the Union, or Management may invoke arbitration by a writtenmemorandum identifying the matters to be submitted, within twenty-one (21) work days <strong>of</strong> the decisionat the last step unless the time limit is extended by mutual <strong>agreement</strong> <strong>of</strong> both parties.90