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18 covered under Title 5 U.S.C. 43 03 and 7512 which have been raised under this procedure, an Arbitrator will be governed by Title 5 U.S.C. 7701 (c)(1). Section 13. The Parties may, by mutual agreement, agree to stipulate the facts and the issue in a particular case directly to an Arbitr ator for decision without a formal hearing. Argument will be by written brief if agreed to by the Arbitrator. Section 14. In the handling of grievances under this procedure and where law and OPM regulations permit, the Union will have access to such inf ormation as is relevant and necessary to the processing of the grievance. Section 15. Questions as to whether or not a grievance is a matter subject to the Grievance Procedure in this Agreement or is subject to Arbitration will be submitted as threshold issues to the Arbitrator for decision. Section 16. Expedited Arbitrations: a. If the Union elects to process disciplinary/adverse actions under this Section, rather than Section 8, it will, within twenty (20) calendar days following the final deci sion by the Employer to take suspension/adverse actions, notify and advise the Labor and Employee Relations Office, CHRO - E, that it desires the matter be submitted directly to Expedited Arbitration. Within seven (7) calendar days after receipt of the requ est, an Arbitrator will be selected from the panel by the Parties or by alternately striking names until one remains. An Arbitrator unable to hear an expedited arbitration case within seven (7) calendar days of request, will be deemed unavailable and the next arbitrator will be agreed upon by the Parties. The Arbitrator will issue a decision as soon as possible, but not later than twenty - one (21) calendar days after the hearing has been held. The necessity for transcripts or filing of briefs will be dete rmined on a case - by - case basis. Either Parties' requests for a transcript and/or file a post hearing brief will not delay the time frame for the Arbitrator's decision to be rendered. Section 17. Failure of either Party to proceed with any of the time li mits specified within this Article will render the grievance and/or Arbitration void or settled on the basis of the last decision given by the respondent, unless an extension of time limits has been agreed upon by the Parties. Failure of the Employer to r ender a decision within any of the time limits specified in this procedure, or as extended by mutual agreement, will entitle the grievant to progress the grievance to the next Step without a decision. ARTICLE 10 DISCIPLINARY/ADVERSE ACTIONS Section 1. For the purposes of this Agreement, a disciplinary action is defined as a suspension of fourteen (14) calendar days or less and letters of reprimand; an adverse action is defined as a removal, an indefinite suspension, suspension of more than fourteen (14 ) calendar days, reduction - in - grade or pay, or furlough for thirty (30) calendar days or less. The removal of

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