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<br />statement of the position of the Union (or the individual employee where applicable) with respect <br />to the issues upon which arbitration is being sought. Under no circlUllstances shall the issues to <br />be arbitrated be expanded from the issues set forth in the original grievance filed at Step 1 of the <br />grievance procedure. <br /> <br />9.5 Within ten (10) working days from receipt of such notice of arbitration, the party <br />requesting arbitration shall request a list of nine (9) qualified arbitrators with residences in <br />Florida from the Federal Mediation and Conciliation Service. The Union and the City will <br />alternately eliminate one at a time from said list of names, with the party requesting arbitration <br />going first, persons not acceptable, until only one (1) remains and this person will be the <br />arbitrator. Either party may request one (1) additional panel. <br /> <br />9.6 As promptly as possible after the arbitrator has been selected, he/she shall conduct a <br />hearing between the parties and consider the grievance. The decision of the arbitrator will be <br />served upon the individual employee or employees involved, the City aiJ.d the Union in writing. <br />It shall be the obligation of the arbitrator to make his best effort to rule within thirty (30) <br />calendar days after the hearing. The expenses of the arbitration, including the fee and expenses <br />of the arbitrator, shall be born by the losing party. Any party desiring a transcript of the hearing <br />shall bear the cost of such transcript unless both parties mutually agree to share the cost. Each <br />party shall be exclusively responsible for the compensation and expenses of its own witnesses <br />and of its own representatives for purposes of the arbitration hearing. <br /> <br />9.7 The arbitrator will confine his consideration and determination to the written grievance <br />presented in Step 1 ofthe grievance procedure. The arbitrator shall have no authority to change, <br />amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof <br />or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter <br />which is stated in this Agreement not to be subject to arbitration or which is not a grievance as <br />defined in this Agreement; nor shall this Collective Bargaining Agreement be construed by the <br />arbitrator to supersede applicable state and federa11aws. <br /> <br />9.8 The arbitrator may not issue declaratory opinions and shall confine himself exclusively to <br />the grievance which is presented to him, which grievance must be actual and existing. The <br />arbitrator's decision shall be final and binding; provided, however, that either party shall be <br />entitled to seek review ofthe arbitrator's decision in the Circuit Court. <br /> <br />9.9 No decision of any arbitrator or of the City in anyone case shall create a basis for <br />retroactive adjustment in any other cases. All claims for back wages shall be reduced by any <br />unemployment compensation (unless the employee is required to reimburse unemployment <br />compensation) and/or interim earnings that the grievant mayor might have received during the <br />period involved. The intent of this provision is to make the employee whole, and no more. <br /> <br />9.10 The resolution of any grievance by the arbitrator or by the parties resulting in retroactive <br />adjustment, including back wages, shall be limited to a thirty (30) day period prior to the date of <br />the filing of a grievance at Step 1. <br /> <br />12 <br />