2007-2011
PROFESSIONAL, SCIENTIFIC
AND
TECHNICAL SERVICES UNIT
AGREEMENT
Between
The State of
And
The Public Employees Federation
For
Triage and Expedited Arbitration
This Memorandum of
Understanding is entered into by the State of
The State and PEF hereby
agree to continue the triage and expedited arbitration procedure, in accordance
with the terms set forth below.
The triage and expedited
arbitration procedure shall be governed by the following provisions:
(1) To provide a more expeditious
alternative to the traditional grievance and arbitration procedure, contract
grievances appealed to Step 4 shall be heard by a single Select Arbitrator in
triage and expedited arbitration.
However, each party reserves the right, to be exercised at any time, to
have grievances resolved through the traditional grievance and arbitration
process.
(2) At triage, the parties shall be
represented by staff or counsel who shall have full authority to settle,
withdraw, or otherwise resolve the grievance for that party. At triage, the parties may present relevant
documents, offers of proof, and/or argument to the Select Arbitrator. However, no testimonial evidence shall be presented
at triage.
(3) At triage, following presentations by
the parties, the Select Arbitrator shall advise the parties as to whether the
grievance should be settled, withdrawn or otherwise resolved or whether it
should be pursued to expedited arbitration.
If the parties are interested in settlement of the grievance, the Select
Arbitrator may explore possible terms for settlement of the grievance with the
parties. Upon agreement of the parties,
the Select Arbitrator shall also have full authority to issue a decision and
award based on a stipulated record at triage or a consent award.
(4) If an evidentiary hearing is necessary,
the grievance shall be scheduled for expedited arbitration before the Select
Arbitrator on the next available hearing date, subject to the availability of
witnesses. At triage, the Select
Arbitrator shall discuss with the parties and identify the specific issue(s) to
be arbitrated and, to the extent possible, the specific witnesses who shall
testify at expedited arbitration.
Relevant documentary evidence produced at triage and relevant facts not
in dispute, as established at triage, shall be included in the record for
expedited arbitration.
(5) At expedited arbitration, the Select
Arbitrator shall only take testimonial and/or documentary evidence relevant to
those facts which remain in dispute.
Expedited arbitrations shall not exceed one (1) day except in
extraordinary circumstances. Except by
agreement of the parties, or in exceptional cases as determined necessary by
the Select Arbitrator, no written briefs will be filed. Opening and closing statements will be
permitted. The Select Arbitrator shall
render a written decision and award no later than two (2) weeks after the close
of the record in a hearing.
(6) The Select
Arbitrator shall have full
authority to resolve all procedural and substantive contractual issues and to
fashion an appropriate remedy but shall have no authority to add to, subtract
from, or modify the terms or provisions of this Agreement. The Select Arbitrator shall confine the award
solely to the application and/or interpretation of this Agreement. All awards of the Select Arbitrator at both
triage and expedited arbitration shall be final and binding on the parties in
the context of the specific dispute at issue, consistent with the provisions of CPLR Article 75. However, all settlements,
withdrawals, consent awards and/or decisions and awards of the Select
Arbitrator shall not be precedential in other grievances, unless specifically
agreed to by the parties. Furthermore,
all decisions and awards of the Select Arbitrator shall not be submitted in any
other grievances or arbitrations (including expedited grievances and
arbitrations) unless the parties mutually agree otherwise. However, the Select Arbitrator shall take
notice of all relevant prior arbitration decisions.
(7) The Select Arbitrator shall allocate
four (4) days per month for triage and/or expedited arbitration, unless the
parties mutually agree to reduce the total number of days scheduled for triage
and expedited arbitration before the Select Arbitrator in a given month. These days shall be allocated between triage
and expedited arbitration by agreement of the parties. All fees and expenses of the Select
Arbitrator shall be divided equally between the parties.
(8) Nothing herein shall preclude or
otherwise limit the parties from discussing and exploring possible settlement
of grievances in anticipation of, or as an alternative to, triage.
(9) The parties shall jointly select the
Select Arbitrator for triage and expedited arbitration who shall be appointed
for a term of one (1) year with an option to renew. The Select Arbitrator may be removed by
either party by notice to the other party at least sixty (60) days prior to the
conclusion of his or her term of service.
In the event of the removal of the Select Arbitrator, the parties shall
mutually select a new Select Arbitrator to serve.
For the State: For
PEF:
John Currier Kenneth
Brynien
Deputy Director
for Contract President
Negotiation and
Administration Public
Employees Federation
Governor’s Office of
Employee Relations
Date: September 4, 2008 Date: September 4, 2008