ARTICLE 41 EXPEDITED GRIEVANCE/ARBITRATION SECTION 1 - GENERAL We recognize the seriousness of certain personnel actions, which may be appealed through grievance procedures. Such actions are properly handled as expeditiously as possible. To that end, we agree to the following expedited grievance/arbitration procedure. SECTION 2 - CONDITIONS A. The Union may choose to place the following issues in the expedited grievance/arbitration process in lieu of appealing through the normal steps of the grievance procedure: 1. Removal under Section 4303 of 5 U.S.C. as a result of unacceptable performance. 2. Removal under Section 7512 of 5 U.S.C. as a result of conduct. SECTION 3 - TIMING The Parties agree that a notice of decision to remove an employee under Section 4303 of 5 U.S.C. or Section 7512 of 5 U.S.C. will be delivered to the employee and the employee's designated Union representative at least 20 workdays prior to the effective date of the removal. This advance notification does not apply in any case where the crime provision is invoked. SECTION 4 - NOTIFICATION If the Union desires to invoke the expedited grievance/ arbitration procedure, it will notify, in writing, the Human Resources Director not later than one (1) workday after receipt of the notice of decision to remove. The Union may withdraw its request for the expedited grievance/arbitration procedure at anytime prior to the setting of the hearing date. SECTION 5 - PROCESS A. Upon receipt of the written request from the Union invoking the expedited procedure, the Human Resources Directorate will: 1. With the Union, jointly contact an arbitrator from the list maintained solely for this expedited procedure (as described in Section 6 below). The arbitrator will be informed that he or she may be called upon to conduct an arbitration hearing under this expedited procedure pending a decision from the Final Administrative Authority. 2. Arrange, as soon as possible, but not later than five (5) workdays after receipt of the Union request for the expedited procedure, a meeting of the Union and affected employee(s) with the Final Administrative Authority and appropriate management officials for the purpose of resolving the grievance. The Final Administrative Authority will render a decision not later than one (1) workday after the meeting. The employee's designated Union representative will be allowed a reasonable amount of time to interview witnesses and for research purposes prior to the meeting with the Final Administrative Authority and, if necessary, prior to the arbitration hearing. 3. Notify the employee and the Union that the removal action is canceled if the Final Administrative Authority so decides. 4. With the Union, jointly contact the arbitrator immediately and confirm a date for the arbitration hearing if the Final Administrative Authority sustains the removal action and if the Union desires to proceed to arbitration. SECTION 6 - ARBITRATORS A list of 5 to 7 arbitrators will be mutually agreed upon and jointly retained by the Parties at all times for this expedited procedure. All of the arbitrators will be contacted in advance to ensure that each agrees to comply with the procedures specified in this Article. The arbitrator list will be arranged in reverse alphabetical order and they will be called in sequential order from the list. SECTION 7 - INFORMATION REQUESTS A request for information by the Union under the provisions of Section 7114(b)(4) of 5 U.S.C. will be processed by the Human Resources Directorate within one (1) workday following receipt of the request, unless the nature of the information requires more time, in which case the Union will be notified. SECTION 8 - ARBITRATOR PROCEDURES A. Procedural requirements for the arbitrator: 1. The hearing must be conducted within five (5) workdays after notification of his or her selection to hear the case. 2. The arbitrator will have the obligation of ensuring that all necessary facts and considerations are heard from the representatives of the Parties. 3. Post-hearing briefs will not be submitted. 4. The arbitrator must render a decision within three (3) workdays of the hearing. SECTION 9 - REMOVAL Removal will be delayed pending receipt of the arbitrator's decision.