Res 2009-157 - Laserfiche WebLink

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writing by both the City and the Association. If arbitration is not mutually agreed to in writing by both the City and the Association, the matter may proceed as provided for under section 142.064(c) of the Texas Local Government Code. Section 3. Arbitration. If arbitration is mutually agreed to in writing by the City and the Association, the Parties agree that either, or both, can request a list of seven (7) arbitrators from the American Arbitration Association within seven (7) calendar days of mediation, and once received, the Parties shall strike names from the list until a single name remains. That person shall be appointed arbitrator for the dispute unless the arbitrator fails or is unable to hear the matter in which case a new list will be requested and the process repeated. The arbitration should be held at the earliest available date, but may be continued for good cause shown or upon mutual agreement. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association for Labor Disputes The hearing shall be held in available facilities of the City of San Marcos and shall be conducted informally, without strict evidentiary or procedural rules. The arbitrator shall consider and decide only the issue(s) timely submitted in the dispute statement or by written agreement of the Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) calendar days after close of the hearing. Section 4. Decision Final and Binding. If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. If the City agrees to arbitration, any finding or ruling of the arbitrator on any legal issues which are determinative in the dispute are subject to judicial review. The arbitrator shall not have authority to add to, amend, modify, or subtract from the provisions of this Agreement in arriving at his decision on the issue or issues timely submitted in the grievance as originally submitted in Step I and shall confine his decision to the interpretation of this Agreement. The Parties agree that neither the City nor the Association shall have ex parte communications with the arbitrator concerning any matter involved in the grievance submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud, collusion, or unlawful means, or which exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contrary to existing law. Section 5. Mutual Extension. All deadlines within this article may be waived or extended by written mutual agreement by the Parties. Failure to adhere to the time limit at Step 1 shall result in the matter being considered 14