§ 3.30.102. Arbitration.

A.

Within seven calendar days of an employee's receipt of a timely request for arbitration, the director shall provide the employee with a list of the names of at least three local arbitrators. To be included on this list, a proposed arbitrator shall be a member in good standing with the Alaska Bar Association, preferably with at least five years of experience in employment law, be a current or retired judge with the Alaska Court System, or be an arbitrator in good standing with a recognized state or national association of arbitrators, such as the American Arbitration Association. The employee shall have seven calendar days from the receipt of this list to select an arbitrator from the list. Once an arbitrator is appointed, the parties shall confer with the arbitrator and select an acceptable date for the arbitration. Unless otherwise noted by the director, the arbitration shall be held at City Hall.

B.

The arbitrator shall conduct the hearing according to generally accepted standards and procedures for grievance arbitration. If the municipality contests the arbitability of the grievance, the arbitrator shall consider that matter and render a decision on it, before conducting a hearing on the underlying grievance. The fact that the municipality may have considered the merits of the grievance at any point of the grievance procedure shall not constitute a waiver of the municipality's right to contest the arbitrability of the underlying grievance.

C.

The employee may be represented at arbitration by a duly authorized representative. If the employee will be represented at arbitration, written notice of such representation shall be provided to the director at least ten calendar days before the date set for the arbitration. Once the director receives notice of such representation, the director shall communicate directly with the representative on all matters concerning the arbitration, unless otherwise agreed to by the representative.

D.

The arbitrator shall have no authority to add to, alter, delete or modify any statute, regulation, ordinance or labor agreement or to issue any award on a matter not raised in the complaint filed by the employee. The arbitrator shall not make any award involving payment to a party for events, actions or omissions giving rise to the grievance.

E.

The decision of the arbitrator shall be final and binding on all parties and shall only be subject to appeal in the superior court in accordance with AS 9.43.120—9.43.150. Either party may make application to the superior court to enforce a decision of the arbitrator.

F.

In the application of this section, the term "employee" shall include any duly authorized representative of the employee who alleges a grievance.

G.

Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. The expenses of the arbitrator shall be borne by the municipality.

H.

Submission of a grievance to arbitration shall not act as a stay of any action unless a stay is expressly approved by the mayor or his designee.

I.

The provisions for grievance, arbitration or pre-disciplinary hearing contained in this section shall not apply to employees who have not successfully completed the probationary period required by rule 7 at the time of the alleged action or omissions or to executive employees. Probationary employees may be subject to discipline without grievance appeal or pre-disciplinary hearing and may be terminated in accordance with section 3.30.074 C.

(AO No. 79-195; AO No. 94-117, § 17, 7-26-94; AO No. 2011-61(S), § 6, 7-12-11, retro eff. 7-4-11)