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FY 2025 Special Section 5333 (b ) Warranty <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 /> NCDOT4MD <br /> March 5 , 2024 <br />