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(a) All issues shall be resolved exclusively through the binding dispute resolution mechanisms herein, with the exception of a collective bargaining negotiation impasse, which shall only go through the first level of binding dispute resolution.

(b) The first level of binding dispute resolution for all matters related to organizing, election procedures, alleged unfair labor practices, and discharge of eligible employees shall be an appeal to a designated Tribal forum such as a Tribal Council, business committee, or grievance board.

(c) The parties agree to pursue in good faith the expeditious resolution of these matters within strict time limits. The time limits may not be extended without the agreement of both parties. In the absence of a mutually satisfactory resolution, either party may proceed to the independent binding dispute resolution set forth below. The agreed-upon time limits are set forth as follows:

(1) All matters related to organizing, election procedures and alleged unfair labor practices prior to the labor organization becoming certified as the collective bargaining representative of bargaining unit employees shall be resolved by the designated Tribal forum within 30 working days.

(2) All matters after the labor organization has become certified as the collective bargaining representative that relate specifically to impasse during negotiations, shall be resolved by the designated Tribal forum within 60 working days.

(d) The second level of binding dispute resolution shall be a resolution by the Tribal Labor Panel, consisting of 10 arbitrators appointed by mutual selection of the parties, which panel shall serve all Tribes that have adopted the ordinance codified in this chapter. The Tribal Labor Panel shall have authority to hire staff and take other actions necessary to conduct elections, determine units, determine the scope of negotiations, hold hearings, subpoena witnesses, take testimony, and conduct all other activities needed to fulfill its obligations under this chapter.

(1) Each member of the Tribal Labor Panel shall have relevant experience in federal labor law and/or federal Indian law with preference given to those with experience in both. Names of individuals may be provided by such sources as, but not limited to, Indian Dispute Services, Federal Mediation and Conciliation Service, and the American Academy of Arbitrators.

(2) Unless either party objects, one arbitrator from the Tribal Labor Panel will render a binding decision on the dispute under this chapter. If either party objects, the dispute will be decided by a three-member panel of the Tribal Labor Panel, which will render a binding decision. In the event there is one arbitrator, five Tribal Labor Panel names shall be submitted to the parties and each party may strike no more than two names. In the event there is a three-member panel, seven Tribal Labor Panel names shall be submitted to the parties and each party may strike no more than two names. A coin toss shall determine which party may strike the first name. The arbitrator will generally follow the American Arbitration Association’s procedural rules relating to labor dispute resolution. The arbitrator or panel must render a written, binding decision that complies in all respects with the provisions of this chapter.

(e) Under the third level of binding dispute resolution, either party may seek a motion to compel arbitration or a motion to confirm an arbitration award in Tribal Court, which may be appealed to federal court. If the Tribal Court does not render its decision within 90 days, or in the event there is no Tribal Court, the matter may proceed directly to federal court. In the event the federal court declines jurisdiction, the Tribe agrees to a limited waiver of its sovereign immunity for the sole purpose of compelling arbitration or confirming an arbitration award issued pursuant to this chapter in the appropriate state superior court. The parties are free to put at issue whether or not the arbitration award exceeds the authority of the Tribal Labor Panel. [Ord. 41 § 12, adopted, 2/19/2015.]