Collective Bargaining Agreement 2023-2025
Western Washington University PSE / WWU Page 68
If the grievance is not resolved at Step 2 or mediation, PSE may request a pre-
arbitration review (with a copy of the grievance and all responses attached). It will
be filed with the AVP of Human Resources or their designee within fourteen (14)
calendar days of receipt of the Step 2 decision or conclusion of mediation. Within
fourteen (14) calendar days of the receipt of the pre-arbitration demand, the
Employer will discuss the need to schedule a pre-arbitration review meeting with
PSE. If agreed, the Employer and PSE will meet within thirty (30) days to review and
attempt to settle the dispute. The grievant may be available for consultation, if
necessary.
If the matter is not resolved at a pre-arbitration meeting, or if the Employer rejects
the request for a pre-arbitration meeting in writing, PSE will submit a written
demand for arbitration to the AVP of Human Resources or their designee within
fourteen (14) calendar days of the pre-arbitration meeting or the Employer’s
rejection of the meeting request.
Step 4 – Arbitration
The Parties shall confer and attempt to agree on a neutral arbitrator. If no agreement
has been reached within fourteen (14) calendar days of PSE’s request to arbitrate,
and PSE wishes to pursue the grievance, PSE shall request a list of eleven (11)
arbitrators from the AAA. The list will be requested within fourteen (14) calendar
days of the parties’ conference regarding a neutral arbitrator. It will be limited to
arbitrators from Washington and/or Oregon. Within fourteen (14) calendar days
following the receipt of the list of eligible arbitrators, the parties’ representatives
will confer to select an arbitrator. The parties will each strike five (5) arbitrators
from the list in an alternating order, and the remaining arbitrator will hear the
dispute. The party exercising the first strike will be the loser of a flip of a coin.
1. The arbitrator will take testimony, hear arguments on and decide issues of
arbitrability before the first day of arbitration at a time agreed to by the parties,
through written briefs, immediately prior to hearing the case on its merits, or as
part of the entire hearing and decision making process. If the issue of arbitrability
is argued prior to the first day of arbitration, it may be argued in writing or by
telephone, at the discretion of the arbitrator. Although the decision may be made
orally, it will be put in writing and provided to the parties.
2. The arbitrator shall have no power to render a decision that will add to, subtract
from, alter, change, or modify the terms of this Agreement, and their power shall
be limited to interpretation or application of the express terms of this Agreement.
3. The Arbitrator shall issue written decision to the parties within thirty (30) days of
the close of the hearing or the submission of post-hearing briefs, whichever is
later. The decision shall be final, conclusive and binding on the Employer, PSE and