from another board
F. Within thirty days [Jan 14] after the TA Date, the UAL and CAL Merger Representatives shall select a person as Mediator and three others to serve as a Board of Arbitration. All four shall be selected from an ALPA-maintained list of professional labor arbitrators, using the alternate-strike method, if necessary.
G. The Mediator shall attempt to assist the Merger Representatives to agree upon an ISL. If no agreement is reached on an ISL by one hundred days [March 25] after the TA Date, the selected Mediator shall join the negotiations to facilitate ongoing negotiations between the Merger Representatives. The respective Merger Committees may mutually agree to . involve the Mediator at an earlier date. In addition, with the concurrence of both Merger Committees, the Mediator may reconvene mediation during the arbitration hearings or after their completion.
H. The Arbitration Board shall decide the dispute if the Merger Representatives are unable to reach agreement on an ISL by one hundred forty days [May 4] after the TA Date. The arbitration hearing will be limited to twelve hearing days [May 16]. In addition, with the concurrence of both Merger Committees, or at the request of the Board of Arbitrators, the hearing may be extended up to an additional three days [May 19]. Notwithstanding this provision, the arbitration shall not begin until a JCBA has been negotiated with management, ratified by the UAL and CAL MECs and pilot groups and approved by the President of ALPA. In order to encourage a candid expression of views in the mediation, the Mediator shall not reveal anything said or presented to him to any of the Arbitrators, and nothing said or presented in the mediation shall constitute evidence on any issue in the arbitration, except for stipulations signed by both sets of Merger Representatives.
1. If the Merger Representatives determine that MCD (Merger Closing Date) will occur more than 200 days after MAD (Merger Announcement Date), they may mutually agree to adjust the timeline set out in this Agreement, but they shall nevertheless make every reasonable effort to complete the entire ISL process, including the arbitration, if one is necessary, prior to ninety days after MCD.
J. The Arbitration Board shall establish rules of procedure and time limits consistent with this Agreement that, in its sole judgment, will permit it to issue an ISL no later than ninety days after MCD or as soon thereafter as is practicable.
K. Notwithstanding the time targets outlined above, nothing in this Agreement shall be construed to imply that the Merger Representatives, the Mediator or the Arbitrators should schedule any proceedings in a manner that might jeopardize the ability of either side, the Mediator or the Arbitrators to have a full and careful presentation and consideration of the evidence and arguments necessary and appropriate for the important matters at issue and to permit a reasoned and orderly development of a fair and equitable ISL.
L. Except as the parties may otherwise agree, in writing, the ISL shall not be used for any purpose until after MCD, nor shall the ISL be used except as a part of the JCBA.
M. Any disputes concerning the interpretation or application of this Agreement shall be resolved by the Arbitration Board.