collective bargaining agreement contract between - Bureau of Indian ...

Article 26ArbitrationSection 1. GeneralThe purpose of this Article is to provide for the satisfactory settlement of grievances involving the effector interpretation, or a claim of breach of the collective bargaining agreement, or any claimed violation,misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.Questions of 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 of 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 agreement.The arbitrator shall be bound by and must comply with all terms of the agreement.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 of the Union, or Management may invoke arbitration by a writtenmemorandum identifying the matters to be submitted, within twenty-one (21) work days of the decisionat the last step unless the time limit is extended by mutual agreement of both parties.90