ARTICLE 40
ARBITRATION

SECTION 1 - GENERAL

A. This Article establishes procedures for the arbitration
of disputes between the Union and Agency which are not
satisfactorily resolved by the negotiated grievance procedure
contained in this Master Agreement. If a grievance is not
satisfactorily resolved under this Agreement, such grievance
shall, upon written notification to the other Party, be referred
to arbitration. Only the Union President or the Center Director
(or their designees) may invoke binding arbitration.

B. Arbitration may be invoked within twenty (20) workdays
after receipt of the final decision on the grievance.

C. We agree that settlement discussions will be conducted
prior to incurring an obligation to pay an arbitrator, in a
cooperative effort to resolve the dispute before arbitration.

SECTION 2 - SELECTION OF AN ARBITRATOR

A. Within ten (10) workdays from the date of the request for
arbitration, the Parties shall jointly request the Federal
Mediation and Conciliation Service (FMCS) to provide a list of
seven (7) impartial persons qualified to act as arbitrators. The
Parties shall meet within five (5) workdays after the receipt of
such list. If they cannot mutually agree upon one of the listed
arbitrators, a toss of a coin, or other mutually agreeable
method, will determine which Party will strike the first name.
The Union and the Agency shall alternately strike one
arbitrator's name from the list. The remaining person shall be
the duly selected arbitrator.

B. If either Party refuses (or fails) to participate in the
selection process, the other Party may select an arbitrator (from
the FMCS list, or the agreed upon list when the Parties have
adopted alternative procedures). If an arbitrator has not been
selected within 60 days after invoking arbitration, the
arbitration will be untimely, absent mutual consent.

SECTION 3 - COST OF ARBITRATION

A. The Parties agree to share equally the cost of regular
fees, including reasonable travel expenses, of the arbitrator
selected and assigned to a case. The Parties may wish to consult
on the "reasonableness" of the arbitrator's charges. The travel
and per diem shall not exceed that authorized by the Joint Travel
Regulations (Vol. 2).

B. The arbitration hearing will be held on the Agency's
premises during the regular shift hours, Monday through Friday.
In the event that it is necessary for the hearings to be held in
facilities not under the administrative control of the Agency,
the cost of such facilities shall be borne equally by the Agency
and the Union. Any necessary travel expenses of the grievant, a
Union representative (if employed by the Agency), and witnesses
approved in accordance with Section 6 of this Article, will be
reimbursed by the Agency.

C. Employees serving as Union representatives, necessary
grievant and Agency witnesses, who have direct knowledge of the
circumstances and factors bearing on the case, shall be in a duty
status to participate in the arbitration proceedings (i.e.,
without loss of pay or charge to annual leave).

D. By mutual consent, arbitration may be conducted as oral
proceedings with no verbatim transcript and no filing of briefs.
In the event only one of the Parties desires a transcript of the
proceedings, that Party shall be responsible for making
arrangements for and the full cost of the transcript. If the
other Party later wishes a copy of the transcript, that Party
shall pay for half of the original cost.

SECTION 4 - AUTHORITY OF ARBITRATOR

A. We agree that the jurisdiction and authority of the
arbitrator's opinions will be confined exclusively to the
interpretation and application of the provisions of this
Agreement and Departmental regulations.

B. The arbitrator will have no authority to add to, subtract
from, alter, amend, or modify any provision of this Agreement.

C. The arbitrator will have the authority to make an
aggrieved employee whole to the extent such remedy is not
prohibited by statute, higher-level regulations, decisions of
appropriate higher authority, or this Agreement.

D. The arbitrator's decisions will be final and binding.
However, the Parties reserve the right to take exceptions to any
award to the Federal Labor Relations Authority in accordance with
its rules and regulations.

SECTION 5 - PROCEDURES/TIME FRAMES

A. We encourage the Parties to meet within fifteen (15)
calendar days following the selection of an arbitrator to develop
a joint submission which identifies the facts and exhibits to be
jointly stipulated, and the precise issues to be resolved by the
arbitrator. If the Parties are in disagreement as to the
issue(s), the positions of the Parties will be separately stated.
A joint stipulation is encouraged in the interest of avoiding
unnecessary delays in the arbitration hearing.

B. The Parties shall endeavor, wherever possible, to
stipulate the facts involved in a case prior to the opening of
the arbitration hearing.

C. The arbitrator shall render and serve a written award on
the Parties to this Agreement within 30 calendar days of the
close of the hearing.

SECTION 6 - WITNESSES

A. At least ten (10) workdays before the opening of the
arbitration hearing, the Parties shall exchange lists of
witnesses whom they expect to have testify. The lists shall
contain a summary statement concerning the proposed testimony of
each proposed witness.

B. Except in unusual situations, the arbitrator will not
have the authority to keep the record open in order to hear
testimony of additional witnesses.

SECTION 7 - GRIEVABILITY/ARBITRABILITY DECISIONS

The arbitrator shall have the authority to make all
grievability and/or arbitrability determinations. The arbitrator
shall make grievability and/or arbitrability determinations prior
to addressing the merits of the original grievance.

SECTION 8 - EXTENSION OF TIME LIMITS

Time limits in this Article may be extended by mutual written
consent of the Parties.