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2016 CBA Tentati ve Agreement Page 20 of 217 e. Questions as to whether or not a grievance is on a matter subject to the Parties' grievance procedure, or is subject to arbitration, shall be submitted to the e valuator for an opinion. If the Parties cannot agree with the evaluator's opinion on the threshold issue(s), the matter may be submitted to binding arbitration. f. During the PAR, the evaluator may address questions to the Parties. Each Party shall have an o pportunity to present a brief oral statement not to exceed fifteen (15) minutes, of which a portion may be reserved for rebuttal. The neutral evaluator shall issue an oral evaluation to the Parties advising them of his or her opinion as to the likely disp osition of the grievance if it were to proceed to an arbitration hearing and the reasons therefore. Such opinion may include a candid assessment of the strengths and weaknesses of the Parties' claims and defenses and suggested settlement options. The neutr al evaluator's evaluation shall be reduced to writing, signed by the Parties and the neutral evaluator, and copies provided to the Parties. g. The neutral evaluator may assist the Parties in mediation and/or settlement discussions. If at any time, the Partie s are able to reach agreement, the Parties shall reduce the agreement to writing, specifying all the terms of their agreement bearing on the resolution of the dispute and sign it. The Parties are encouraged to use the neutral evaluator's opinion as a basi s for reaching resolution. If resolution is not reached and this grievance is presented at binding arbitration, the Party that disagreed with the neutral evaluator's opinion shall incur the arbitrator's fees and expenses if it does not prevail at the arbit ration hearing. The arbitration decision must be sustained in full or denied in full for the said Party to incur the arbitrator's fees and expenses. In all other cases submitted for arbitration that are not sustained in full or denied in full, the arbitrat or's fees and expenses of arbitration incurred shall be borne equally by the Parties. h. The PAR meeting is an expedited process designed to produce finality as to unresolved grievances. Normally, decisions by the Parties with respect to the neutral evaluato r's recommendations will be rendered during the PAR meeting. However, either Party may request an extension, not to exceed five (5) business days. Failure to respond during that period shall constitute a rejection of the neutral evaluator's recommendation. i. For grievances not adjudicated at PAR, the Union at the national level may, within thirty (30) calendar days following receipt of the decision or date the answer was due, notify the Director, Office of Labor and Employee Relations, that it desires the ma tter be submitted to arbitration in accordance with Section 9 of this Article. Such notification shall be via certified mail or other similar system that requires a signature upon receipt. Section 9. Arbitration a. The Parties shall maintain a national pane l of ten (10) mutually agreeable arbitrators and a panel of ten (10) mutually agreeable arbitrators in each FAA region. Arbitrators selected for panels must also agree to hear expedited arbitration cases.

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