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ORDER
Pursuant to a written settlement agreement, submitted to the
Board and signed by both the representative for the complainant and the
representative for the respondent, its terms are hereby incorporated and made
a part of this order as follows:
Memorandum of Agreement
1. The City agrees to cooperate with Local 1386 in the
selection of an arbitrator and the scheduling of an arbitration date for
A-0411-51 (Downtown Cleaning Grievance).
2. The parties will attempt in good faith to select an
arbitrator from the lists issued by the PELRB on or about November 9, 2004,
and failing said selection, shall ask the PELRB for a new list. Failing
agreement of an arbitrator on said new list, the PELRB shall select the
arbitrator.
3. The parties agree that the arbitrator shall be
authorized to decide issues of arbitrability.
4. The parties agree that the arbitrator will hear both
the arbitrability issues and the substantive merits of the grievance on the
same hearing date.
5. This case will remain open until April 1, 2005. Prior
to that date, either party may request the assistance of the PELRB to
resolve issues that may arise in the selection of an arbitrator or
scheduling of the arbitration hearing. If neither party has requested
further assistance by April 1, 2005, the case will be closed
administratively.
Katherine
McClure
Thomas J. Flygare
For
Local
1386
For the City
Dated:
3/2/05
Dated: 3/1/05
Signed this 9th day of March, 2005.
/s/ Donald E. Mitchell
DONALD E. MITCHELL
Executive Director
Distribution:
Katherine McClure, Esq.
Thomas J. Flygare, Esq.
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