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RVA Contract - June 1, 2011 (searchable)

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14 a. The corrective action sought. b. If an oral presentation is requested. Local grievances raising substantially similar issues shall be addressed by the national grievance procedure. Step 2. The responding Party shall answer the grievance in writing within twenty (20) calendar days following the date the grievance was received. If the moving Party is not satisfied with the answer, the matter may be referred to arbitration. The moving Party shall, at the national level, so advise the responding Party at the national level by certified mail within thirty (30) calendar days following the receipt of the respondent's answer or the date the answer was due. Within 15 days after receipt of the request, an arbitrator shall be selected from the panel by the Parties by alternately striking names until one remains with the choice of first strike determined by the flip of a coin or as otherwise mutually agreed. Section 7. The Parties shall create a panel of five mutually acceptable arbitrators, unless otherwise agreed to by the Parties. These arbitrators shall be geographically located within the Company's area(s) of operation. After one year of service on the panel, either Party may unilaterally remove an arbitrator from the panel and another arbitrator shall be mutually selected to fill the vacancy. Arbitrators selected for the panel must agree to hear expedited arbitration cases as provided in Section 12. Section 8. The grievance shall be heard by the arbitrator as promptly as practicable on a date and at a site mutually agreeable to the Parties at or near the facility where the grievance arose. The grievant shall be in a duty status, if otherwise in a duty status, during the arbitration. The arbitrator shall submit the decision to the Employer and the Union representatives as soon as possible, but in no event later than 30 days following the close of the record unless the Parties waive this requirement. The decision of the arbitrator is final and binding. With regard to national grievances, as defined in Section 6 of this Article, the decision of the arbitrator is final and binding on all facilities where NATCA is the exclusive bargaining representative. Section 9. The arbitrator's fees and expenses of arbitration incurred under this Article shall be borne equally by the Parties. Neither Party may cancel a scheduled arbitration hearing without the consent of the other Party. In the event either Party cancels a scheduled arbitration hearing without this consent, that party shall bear the full cost of any cancellation fees. If a verbatim transcript of the hearing is made and either Party desires a copy, that Party will bear the expense of the copy or copies they obtain. The Parties will share equally the cost of the transcript, if any supplied to the arbitrator. Section 10. The arbitrator shall rule only on the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s). Questions as to whether or not a grievance is on a matter subject to the grievance procedure in this Agreement or is subject to arbitration shall be submitted to the arbitrator for decision. This provision shall normally be accomplished utilizing the provisions of Section 12

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