CWA 1104/GSEU/ContractIndex/Appendix A-4: MOU on Parking

From CGEU

Memorandum of Understanding Between The Graduate Student Employees Union/ Communications Workers of America, Local 1188 and The State of New York

March 17, 1994

The undersigned agree to and understand the following:

  1.

     If an agreement is not reached in Article 7 parking fee negotiations within 180 days of their commencement, the dispute shall be submitted to final offer binding arbitration, as outlined below:
        1.

           A demand may be sent by either party to the local American Arbitration Association (AAA) office, requesting a list of arbitrators. A copy of such demand must also be sent to the other party.
        2.

           If mutual agreement can be reached on the selection of an arbitrator, the AAA selection procedure will not be necessary. If mutual agreement cannot be reached, the AAA Rules and procedures regarding the selection of an arbitrator shall govern the selection process.
        3.

           The arbitrator shall hold hearings on all matters related to the dispute. The parties may be heard either in person, by counsel, or by other representatives, as the may respectively designate. The parties may present, either orally or in writing, or both, statements of fact, supporting witnesses and other evidence and argument of their respective positions. The arbitrator shall have authority to require the production of such additional evidence, either oral or written as desired from the parties and shall provide at the request of either party that a full and complete record be kept of any such hearings, the cost of such record for the arbitrator to be borne by the requesting party. The non-requesting party need only pay the cost of a cop if so desired.
        4.

           Each party will provide the arbitrator their final offer at the beginning of the hearing, and such offer shall be irrevocable. The arbitrator shall on an issue by issue basis be limited to accepting the final offer of either party, on the issues of monthly rates, daily rate and/or effective date. The arbitrator's decision shall be based solely on the information submitted by the parties.
        5.

           The arbitrator shall specify the basis for the selection of one final offer over the other.
        6.

           The arbitrator's determination shall be final and binding, and issued no later than 30 days after the record is closed.
        7.

           Each party shall be given the opportunity to present its entire case, with the party demanding LOBA proceeding first and the other party second. At the end of the direct testimony, the party demand LOBA first shall have the option of a closing statement, and the other party shall have the option of presenting a brief to the arbitrator and/or a factual rebuttal in writing. The brief or rebuttal option shall be chosen by the parties at the conclusion of the hearing, and must be submitted to AAA no later than 15 working days from the close of hearing.
  2.

     The above agreement is limited in scope to disputes regarding parking fee negotiations, and shall not be extended to other disputes, unless mutually agreed by the parties.
  3.

     The arbitrator shall take AAA oath, and shall place witnesses, if any, under oath.
  4.

     Commencing with the first hearing date, the entire process shall take no longer than 60 calendar days.

Sincerely,

Joseph M. Bress Director Governor's Office of Employee Relations

Countersigned for GSEU:

Anna Geronimo, President Graduate Student Employees Union/ Communications Workers of America, Local 1188