Article 44
Bargaining History
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Both parties agreed that the purpose of the arbitration procedure is to provide a method to resolve disputes in a timely fashion. Both parties expressed a commitment to find a way to eliminate the current arbitration backlog and to ensure that in the future grievances invoked to arbitration would be heard and decided in a timely fashion.

The parties agreed that the current system of maintaining a panel of arbitrators had worked and decided to continue this practice. It was decided, however, that the panel should be increased to a total of six (6). It was also agreed that the same panel should be used for regular and expedited arbitration; however, separate rosters should be maintained.

The parties agreed that one of the problems that had resulted in delays in hearing cases under the 1980 Agreement was the inability of the parties to agree on scheduling. In an effort to eliminate this problem the parties agreed that hearing dates with the arbitrators on the panel would be scheduled in advance, so that there would be dates available each month on which to schedule cases. It was agreed that there would be at least one (1) date set aside each month for expedited arbitration and at least one (1) date set aside each month for regular arbitration. OELMR and Local 12 will meet regularly at the same time each month to review all cases invoked to arbitration since the last monthly meeting and to assign a hearing date for all pending cases. Thus, all cases in which arbitration has been invoked should have a hearing date assigned within a month of invocation. In addition, the parties agreed that hearings in all regular arbitration cases must be held within ninety (90) calendar days of invocation, except for cases in which a personnel action had been stayed pursuant to the stay provision of Article 43. In the latter cases the arbitration hearing must be held within thirty (30) calendar days of invocation.
The parties decided to use the term "must" in relation to the scheduling of hearings within thirty (30) or ninety (90) calendar days of invocation, in an effort to express both sides' commitment to the scheduling of cases within the time frames agreed upon. However, it was understood that failure to meet the time deadline would not result in a party waiving its right to an arbitration hearing.

The parties agreed to establish an expedited arbitration procedure as a mechanism to resolve noncomplex disputes. Under this expedited arbitration procedure the hearing would be scheduled within thirty (30) calendar days of invocation. The hearing would be completed in one (1) day, with each side having three (3) hours to present its case. It was understood that the parties would be held to the three-hour time limit, and that the arbitrator would not have the authority to grant additional time. There would be no hearing transcript and no briefs or other written argument. The arbitrator would be required to render his/her decision in writing within five (5) days of the hearing. The parties agreed that one (1) year after the effective date of this Agreement they would assess the effectiveness of the expedited arbitration procedure and determine whether any changes should be made.

Article 44, Section 7.b. sets forth a list of grievance subjects for which expedited arbitration will be required. Article 44, Section 7.d. sets forth a list of subjects in which expedited arbitration will not be used. It was understood by the parties that Section 7.d.(3), which lists contract interpretation questions as matters not to be subject to expedited arbitration, was not to be used as a loophole to get around the requirement to use expedited arbitration in certain cases. Thus, even though the subjects listed in Section 7.b. could be considered matters of contract interpretation, they would not be so considered for the purpose of the determination to use expedited arbitration.

While the parties recognize that an arbitration hearing is a quasi-legal process, it is the intent of the parties that these hearings be conducted informally in order to permit each party to tell its side of the story. However, it is recognized that both parties should do their part to ensure that the hearing proceeds in an efficient fashion. The issues should be clarified in advance. The presentation should be confined to relevant testimony, documentary evidence, and argument. Both parties should prepare in advance and have their witnesses ready and available, to avoid wasting time during the hearing.

Any settlement of a case which has been invoked to arbitration must be approved by the Union and the Office of Employee and Labor-Management Relations.