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FY 2025 Special Section 5333 (b) Warranty 40 <br /> date the employee was displaced or dismissed than the employee's length of service, as <br /> shown by the records and labor agreements applicable to his/her employment prior to the <br /> date of the employee's displacement or dismissal. <br /> (15)(a) In the event that employee(s) are represented by a Union, any dispute, claim, or <br /> grievance arising from or relating to the interpretation, application or enforcement of the <br /> provisions of this arrangement, not otherwise governed by paragraph 12(c), the Labor- <br /> Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse <br /> resolution provisions in a collective bargaining or protective arrangement involving the <br /> Recipient and the Union, which cannot be settled by the parties thereto within thirty (30) <br /> days after the dispute or controversy arises, may be referred by any such party to any final <br /> and binding disputes settlement procedure acceptable to the parties. In the event they <br /> cannot agree upon such procedure, the dispute, claim, or grievance may be submitted at the <br /> written request of the Recipient or the Union to final and binding arbitration. Should the <br /> parties be unable to agree upon the selection of a neutral arbitrator within ten (10) days, <br /> any party may request the American Arbitration Association to furnish, from among <br /> arbitrators who are then available to serve, five (5) arbitrators from which a neutral <br /> arbitrator shall be selected. The parties shall, within five (5) days after the receipt of such <br /> list, determine by lot the order of elimination and thereafter each shall, in that order, <br /> alternately eliminate one name until only one name remains. The remaining person on the <br /> list shall be the neutral arbitrator. Unless otherwise provided, in the case of arbitration <br /> proceedings, under paragraph (5) of this arrangement, the arbitration shall commence <br /> within fifteen (15) days after selection or appointment of the neutral arbitrator, and the <br /> decision shall be rendered within forty-five (45) days after the hearing of the dispute has <br /> been concluded and the record closed. The decision shall be final and binding. All the <br /> conditions of the arrangement shall continue to be effective during the arbitration <br /> proceedings. <br /> (15)(b) The compensation and expenses of the neutral arbitrator, and any other jointly <br /> incurred expenses, shall be borne equally by the Union(s) and Recipient, and all other <br /> expenses shall be paid by the party incurring them. <br /> (15)(c) In the event that employee(s) are not represented by a Union, any dispute, claim, or <br /> grievance arising from or relating to the interpretation, application or enforcement of the <br /> provisions of this arrangement which cannot be settled by the Recipient and the <br /> employee(s) within thirty (30) days after the dispute or controversy arises, may be referred <br /> by any such party to any final and binding dispute settlement procedure acceptable to the <br /> parties, or in the event the parties cannot agree upon such a procedure, the dispute or <br /> controversy may be referred to the Secretary of Labor for a final and binding determination. <br /> 12 <br /> NCDOT-IMD <br /> March 5,2024 <br />