I Want to First Apologize for Not Congratulating You on Being Selected to Arbitrate This

Mr. NAME HERE,

I want to first apologize for not congratulating you on being selected to Arbitrate this case, I would like to do that at this time. I am attaching a copy of the parties' contract. I would like to advise you to please review particularly Articles 31-Grievance Procedures and Article 32- Arbitration. It is noted that you have already submitted a list of five dates for the parties to choose from as it is detailed in the parties’ contract. Or If you have not submitted a list of five dates for the parties to choose from as it is detailed in the parties’ contract could you please submit it.

As you will see Article 31, section a., states: "The purpose of this article is to provide employees with a fair and expeditious procedure covering all grievances properly grievable under 5 USC 7121."Mr. NAME HERE, it is the habit of our Agency to stall and delay this process by not responding timely to correspondences and calls of the Arbitrator and/or the Union. They continuously tell us that they are waiting to assign an Agency Representative to handle the case, and once they do assign one they will try and put hearings off for months, even up to a year.

I would like to respectfully request for you to impose a deadline on the parties to select a date for the hearing. If either party refuse to select a date submitted, I respectfully request that you unilaterally impose a date from your original submission of dates. I am requesting that you please uphold the essence of the Agreement which is to ensure the Grievance procedure is expeditious.

Additionally, Article 3, section a., states: “Both parties mutually agree that this Agreement takes precedence over any Bureau policy, procedure, and/or regulation which is not derived from higher government-wide laws, rules, and regulations."

29 CFR 1404.13, Conduct of Hearing cite:

All proceedings conducted by the arbitrators shall be in conformity with the contractual obligations of the parties. The arbitrator shall comply with Sec. 1404.4(b). The conduct of the arbitration proceeding is under the arbitrator's jurisdiction and control, and the arbitrator's decision shall be based upon the evidence and testimony presented at the hearing or otherwise incorporated in the record of the proceeding. The arbitrator may, unless prohibited by law, proceed in the absence of any party who, after due notice, fails to be present or to obtain a postponement. An award rendered in an ex parte proceeding of this nature must be based upon evidence presented to the arbitrator.

Mr. NAME HERE, if the Agency interferes in the selection of a date, Local *** is requesting that you set a date from your original submission of dates. This would be consistent with the parties' CBA and your obligation to enforce and interpret the parties CBA accordingly - Article 32, section h., "The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of."

1. this Agreement; or

2. published Federal Bureau of Prisons policies and regulations.

Respectfully Mr. NAME HERE by doing this your actions would be consistent with the following case law which states:

An ex parte hearing is not unfair if both parties were provided adequate notice and an opportunity to participate. Griffiss AFB, 39 FLRA 1117, 91 FLRR 1-1125. Ex parte communication between the arbitrator and one of the parties does not render a hearing unfair absent evidence of fraud or corruption. SSA, 38 FLRA 1170, 90 FLRR 1-1649.

Mr.NAME HERE, I am asking that you please consider all of the foregoing and allow us to proceed with the case.

Sincerely,

President Local ***