RT9804- p98.01.04a

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Proposal p98.01.04a 
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Title:  Arbitration Procedure 

Authors:   Scott H. Rowe 
           Chris O'Conor 
           Mark G. Elwell 

Summary:  Judgement of grievances and disputes outside individual 
          RP Units is conducted by ad hoc Arbitration Boards 

Rationale:  No standing judge or judges can be free of conflict 
            of interest and "chilling effect".  Further, the Unit 
            COs must be the substantive basis of ASR due process. 

Text: 

  If a player has a grievance regarding a matter outside an individual 
RP Unit, he may formally request that his CO, acting as his advocate, 
request the CINCFLEET of the Unit to convene an Arbitration Board. 

  If the CINCFLEET determines that due cause exists, he names three 
CO players, who do not all serve in the same Fleet, and none of whom 
serves in an ASR-wide administrative capacity, to sit on the Board. 

  For the purposes of this Proposal, "ASR-wide administrative capacity" 
means any ASR post outside the individual Fleets (at the time of this 
writing, this includes CINCSF, CSFO, COMALB, COMLOG, and the support 
personnel operating under their respective authorities). 

  Any party to the grievance may request replacement of one or more of 
the Board members originally named, but such replacement is at the 
discretion of the CINCFLEET calling the Board. 

  Players named to an Arbitration Board may of course decline, but are 
expected to serve unless compelling circumstances exist. 

  Once chosen, the Board hears arguments from the aggrieved player, and 
anyone else who chooses to address it. 

  The members of the Board may ask any questions they wish of any ASR 
player regarding the substance of the grievance. 

  Once it has finished hearing arguments and evidence, the Board 
conducts private deliberations and pronounces its judgement. 

  Rulings of an Arbitration Board are considered binding; a party who 
cannot accept the ruling of an Arbitration Board may appeal the matter 
to a subsequent session of the ASR Round Table in the form of a 
Proposal. 

  Nothing in this Proposal empowers anyone to interfere in matters that 
lie within any individual RP Unit in ASR. 

(end proposal)