PROCEDURES. Either the Union or the Employer may request that a
grievance be subject to arbitration. Arbitration requests must be submitted within twenty (20) workdays
of the final decision under the grievance procedure. Within ten (10) workdays, the Parties shall meet
to define the issues and to request the Federal Mediation and Conciliation Service (FMCS) to submit a
list of seven (7) arbitrators qualified to hear Federal sector issues. The Parties shall meet within
twenty (20) workdays after receipt of such a list. If they cannot agree upon one of the arbitrators,
then the Employer and the Union will alternately strike one name from the list, with a toss of a coin
determining who strikes first. The last name remaining shall be the arbitrator.
AWARD. The arbitrator’s award will be in accordance with the terms of
this Agreement and existing laws and regulations. The arbitrator’s authority is limited to the
adjudication of the issues raised in the grievance procedure. The arbitrator’s award will be
final and binding on both Parties subject only to exceptions and appeals filed in accordance
with 5 USC 7112 and this Article.
FEES. Arbitration fees and expenses shall be borne by the losing
Party. In the event that there is not a clear-cut winner, or the arbitrator renders a split
decision (e.g., a disciplinary action is upheld, but the penalty is mitigated), the expenses
shall be borne equally by both Parties. The arbitrator shall resolve any questions concerning
the winning/losing Party. The Party who cancels or postpones the hearing when such cancellation
or postponement does not involve the other Party will pay any costs incurred. In the event of a
settlement, where the arbitrator’s fees are not part of the settlement, the Parties will split
any fees equally. The Union agrees to pay the Employer $1 per page for transcripts they request.
WITNESSES, REPRESENTATIVES, AND HEARING LOCATION. The Employer
will be responsible for travel and per diem, as appropriate, for USGS employees who are witnesses
for either the Union or the Employer. The arbitration hearing will be held on the Employer’s
premises during the regular day-shift hours. The Union representative(s), the grievant(s),
and any USGS employee called as a witness will be excused from duty and authorized official
time to the extent necessary to participate in the official proceedings (if the employees
are otherwise in a duty status). Employee participants on shifts other than the regular
day shift will be temporarily placed on the regular day-shift for the time of the hearing
in which they are involved. Questions raised as to whether a witness is necessary will
be resolved by the arbitrator prior to the hearing. The Parties will furnish names of
any witnesses at least ten (10) workdays in advance of the arbitration date.
SUBMISSION. If the Parties fail to agree on a joint
submission of the issue for arbitration, each Party shall submit a separate statement to
the arbitrator who shall determine the issue(s) to be heard at the beginning of the hearing.
Nothing in this Article shall prohibit the Parties from jointly identifying hearing exhibits
prior to the hearing date. Pre-hearing briefs; however are prohibited.
GRIEVANCE WITHDRAWAL. The grievant may withdraw
his/her grievance at any time prior to the actual convening of a hearing or submission
of the case to the arbitrator.
TIME LIMITS. In order to fulfill the decision to arbitrate,
the arbitrator will be requested to render a decision and remedy to the Employer and the
Union as quickly as possible, but in any event not later than thirty (30) calendar days
after the filing of the post-hearing briefs, if filed, unless the Parties otherwise
agree. Post hearing briefs will be due (postmarked) 30 calendar days after the
conclusion of the hearing. Either or both Parties may file post-hearing briefs.
Either Party may seek judicial review of the arbitrator’s decision on matters
which could have been appealed to the MSPB within thirty (30) days of the issuance
of the decision. Such review will be sought in the Court of Claims or a United
States Court of Appeals in accordance with the provisions of 5 USC 7703.
Either Party may file an exception with the Federal Labor Relation Authority
(FLRA) to the arbitrator’s award. Such exception must be filed within thirty
(30) days of the date of service of the award. If no exception is filed, the
arbitrator’s decision and remedy shall be effected immediately.