Common use of Fourth Step - Arbitration Clause in Contracts

Fourth Step - Arbitration. A. The Association may submit the grievance to arbitration before an impartial arbitrator within 25 calendar days after receipt of a decision of the Board if the decision is not acceptable. If the parties cannot mutually agree as to the arbitrator within five (5) calendar days from the notification date that arbitration will be pursued, he shall be selected by the American Arbitration Article IV - 4 Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The fees and expenses, only of the arbitrator, shall be paid by the losing party. Each party shall assume its own cost of representation. B. It shall be the function of the arbitrator, and he shall be empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation, misapplication, or misinterpretation of the specific articles and sections of this Agreement. 1. He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. He shall have no power to establish salary scales or change any salary as specified in the Agreement. 3. He shall have no power to rule on any of the following: The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule. 4. He shall have no power to change any practice, policy, or rule of the Board unless such practice, policy or rule is an alleged violation, misinterpretation, or misapplication of the express articles or sections of this Agreement. It is understood that any matter not specifically set forth in the Agreement remains within the reserved rights of the Board. C. Both parties agree to be bound by the decision of the arbitrator if the award is within his authority as specified in this Article. It is further agreed that either party may appeal the arbitrator's decision or award to a court of competent jurisdiction or refuse to be bound by said award or decision if the arbitrator has exceeded his authority or if there is evidence of fraud. D. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. E. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolved. 1. TEACHER RIGHTS ▇. ▇▇▇▇▇▇▇▇ to Act 336 of the Michigan Public Acts of 1947, as amended, the Board hereby agrees that every teacher employed by the Board shall have the right freely to organize, join and support the Association for the purpose of engaging in collective bargaining or negotiating and other concerted activities for mutual aid and protection. The Board undertakes and agrees that it will not directly or indirectly discourage or deprive or coerce any teacher in the enjoyment of any rights conferred by Act 336, as amended, or other laws of Michigan or the Constitution of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages or any terms or conditions of employment by reason of his membership in the Association, his participation in any activities of the Association or collective professional negotiations with the Board, or his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms of conditions of employment specified by this contract. B. The Association and its members shall have the right to use school building facilities at all reasonable hours for meetings. No teacher shall be prevented from wearing insignia, pins, or other identification of membership in the Association either on or off the school premises. Bulletin boards and other established media of communication shall be made available to the Association and its members. C. The Board will make available an unused space, deemed suitable by the Association, for office space. In addition the Board will assist the Association to obtain telephone facilities at a location mutually agreed upon and at the Association's expense. D. The Board agrees to furnish the Association in response to reasonable requests from time to time all available public information concerning the financial resources of the district, tentative budgetary requirements and allocations and such other information as will assist the Association in developing intelligent, accurate, and complete studies in respect to hours, wages, and terms and conditions of employment. E. Any unusual or peculiar mode of dress causing concern will be brought to the attention of the individual teacher involved. A teacher's personal appearance should be consistent with the standards of his own profession. Any questions involving the basic standards for the ▇▇▇▇▇▇ Creek Community Schools should be referred to the teacher's building principal. F. A teacher shall be entitled to be represented by the Association and/or have present a representative of the Association in any matter dealing with employer-employee relationships. No action shall be taken with respect to the teacher until representation is present, if requested. Any complaint, by a parent or a student, directed toward a teacher shall be called to the teacher's attention within five (5) working days after said complaint has been brought to the attention of the Administrator. Teachers shall not be disciplined in the presence of parents and/or students. G. The Board agrees to make a reasonable effort to provide teachers with adequate parking facilities. The Board will continually strive, within its economic means, to maintain and improve, where necessary, these facilities. H. Academic Freedom 1. The parties seek to educate young people in the democratic traditions, to ▇▇▇▇▇▇ a recognition of individual freedom and social responsibility, to inspire meaningful awareness of and respect for the Constitution, and to install appreciation of the values of individual personality consistent with the general welfare of the social district and the community. 2. Freedom of individual conscience, association and expression will be encouraged and fairness in procedures will be observed, both to safeguard the legitimate interests of the schools and to exhibit, by appropriate examples, the basic objectives of a democratic society. 3. Teachers shall maintain a strictly non-political and non-sectarian position in the classroom. Schools shall not be used to advocate any political or religious position, sell tickets, or in other ways to conduct any activity which might be considered partisan in nature. Included herein, and specifically recognized by the Association, shall be any discussion of issues which may be present in the collective bargaining relationship between the parties. The foregoing shall not affect proper discussion of election procedures and forms of government. I. Any material in a teacher's file shall be for reasonable cause and a copy shall be given to the teacher at the time it is placed in his file. The teacher may attach a letter of clarification.

Fourth Step - Arbitration. A. The Association may submit the grievance to arbitration before an impartial arbitrator within 25 twenty-five (25) calendar days after receipt of a decision of the Board if the decision is not acceptable. If the parties cannot mutually agree as to the arbitrator within five (5) calendar days from the notification date that arbitration will be pursued, he they shall be selected by the American Arbitration Article IV - 4 Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The fees and expenses, only of the arbitrator, shall be paid by the losing party. Each party shall assume its own cost of representation. B. It shall be the function of the arbitrator, and he they shall be empowered, except as his their powers are limited below, after due investigation, to make a decision in cases of alleged violation, misapplication, or misinterpretation of the specific articles and sections of this Agreement. 1. He They shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. He They shall have no power to establish salary scales or change any salary as specified in the Agreement. 3. He They shall have no power to rule on any of the following: The termination of services employment or failure to re-employ reemploy any teacher to a position on the extra-curricular scheduleSchedule B position. 4. He They shall have no power to change any practice, policy, or rule of the Board unless such practice, policy or rule is an alleged violation, misinterpretation, or misapplication of the express articles or sections of this Agreement. It is understood that any matter not specifically set forth in the Agreement remains within the reserved rights of the Board. C. Both parties agree to be bound by the decision of the arbitrator if the award is within his their authority as specified in this Article. It is further agreed that either party may appeal the arbitrator's decision or award to a court of competent jurisdiction or refuse to be bound by said award or decision if the arbitrator has exceeded his their authority or if there is evidence of fraud. D. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. E. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolved. 1. TEACHER RIGHTS ▇. ▇▇▇▇▇▇▇▇ to Act 336 of the Michigan Public Acts of 1947, as amended, the Board hereby agrees that every teacher employed by the Board shall have the right freely to organize, join and support the Association for the purpose of engaging in collective bargaining or negotiating and other concerted activities for mutual aid and protection. The Board undertakes and agrees that it will not directly or indirectly discourage or deprive or coerce any teacher in the enjoyment of any rights conferred by Act 336, as amended, or other laws of Michigan or the Constitution of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages or any terms or conditions of employment by reason of his membership in the Association, his participation in any activities of the Association or collective professional negotiations with the Board, or his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms of conditions of employment specified by this contract. B. The Association and its members shall have the right to use school building facilities at all reasonable hours for meetings. No teacher shall be prevented from wearing insignia, pins, or other identification of membership in the Association either on or off the school premises. Bulletin boards and other established media of communication shall be made available to the Association and its members. C. The Board will make available an unused space, deemed suitable by the Association, for office space. In addition the Board will assist the Association to obtain telephone facilities at a location mutually agreed upon and at the Association's expense. D. The Board agrees to furnish the Association in response to reasonable requests from time to time all available public information concerning the financial resources of the district, tentative budgetary requirements and allocations and such other information as will assist the Association in developing intelligent, accurate, and complete studies in respect to hours, wages, and terms and conditions of employment. E. Any unusual or peculiar mode of dress causing concern will be brought to the attention of the individual teacher involved. A teacher's personal appearance should be consistent with the standards of his own profession. Any questions involving the basic standards for the ▇▇▇▇▇▇ Creek Community Schools should be referred to the teacher's building principal. F. A teacher shall be entitled to be represented by the Association and/or have present a representative of the Association in any matter dealing with employer-employee relationships. No action shall be taken with respect to the teacher until representation is present, if requested. Any complaint, by a parent or a student, directed toward a teacher shall be called to the teacher's attention within five (5) working days after said complaint has been brought to the attention of the Administrator. Teachers shall not be disciplined in the presence of parents and/or students. G. The Board agrees to make a reasonable effort to provide teachers with adequate parking facilities. The Board will continually strive, within its economic means, to maintain and improve, where necessary, these facilities. H. Academic Freedom 1. The parties seek to educate young people in the democratic traditions, to ▇▇▇▇▇▇ a recognition of individual freedom and social responsibility, to inspire meaningful awareness of and respect for the Constitution, and to install appreciation of the values of individual personality consistent with the general welfare of the social district and the community. 2. Freedom of individual conscience, association and expression will be encouraged and fairness in procedures will be observed, both to safeguard the legitimate interests of the schools and to exhibit, by appropriate examples, the basic objectives of a democratic society. 3. Teachers shall maintain a strictly non-political and non-sectarian position in the classroom. Schools shall not be used to advocate any political or religious position, sell tickets, or in other ways to conduct any activity which might be considered partisan in nature. Included herein, and specifically recognized by the Association, shall be any discussion of issues which may be present in the collective bargaining relationship between the parties. The foregoing shall not affect proper discussion of election procedures and forms of government. I. Any material in a teacher's file shall be for reasonable cause and a copy shall be given to the teacher at the time it is placed in his file. The teacher may attach a letter of clarification.

Fourth Step - Arbitration. A. The Association may submit the grievance to arbitration before an impartial arbitrator within 25 calendar days after receipt of a decision of the Board if the decision is not acceptable. If the parties cannot mutually agree as to the arbitrator within five (5) calendar days from the notification date that arbitration will be pursued, he they shall be selected by the American Arbitration Article IV - 4 Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The fees and expenses, only of the arbitrator, shall be paid by the losing party. Each party shall assume its own cost of representation. B. It shall be the function of the arbitrator, and he shall be empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation, misapplication, or misinterpretation of the specific articles and sections of this Agreement. 1. He They shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. He They shall have no power to establish salary scales or change any salary as specified in the Agreement. 3. He They shall have no power to rule on any of the following: The termination of services employment or failure to re-employ reemploy any teacher to a position on the extra-curricular scheduleSchedule B position. 4. He They shall have no power to change any practice, policy, or rule of the Board unless such practice, policy or rule is an alleged violation, misinterpretation, or misapplication of the express articles or sections of this Agreement. It is understood that any matter not specifically set forth in the Agreement remains within the reserved rights of the Board. C. Both parties agree to be bound by the decision of the arbitrator if the award is within his their authority as specified in this Article. It is further agreed that either party may appeal the arbitrator's decision or award to a court of competent jurisdiction or refuse to be bound by said award or decision if the arbitrator has exceeded his their authority or if there is evidence of fraud. D. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. E. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolved. 1. TEACHER RIGHTS ▇. ▇▇▇▇▇▇▇▇ to Act 336 of the Michigan Public Acts of 1947, as amended, the Board hereby agrees that every teacher employed by the Board shall have the right freely to organize, join and support the Association for the purpose of engaging in collective bargaining or negotiating and other concerted activities for mutual aid and protection. The Board undertakes and agrees that it will not directly or indirectly discourage or deprive or coerce any teacher in the enjoyment of any rights conferred by Act 336, as amended, or other laws of Michigan or the Constitution of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages or any terms or conditions of employment by reason of his membership in the Association, his participation in any activities of the Association or collective professional negotiations with the Board, or his institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms of conditions of employment specified by this contract. B. The Association and its members shall have the right to use school building facilities at all reasonable hours for meetings. No teacher shall be prevented from wearing insignia, pins, or other identification of membership in the Association either on or off the school premises. Bulletin boards and other established media of communication shall be made available to the Association and its members. C. The Board will make available an unused space, deemed suitable by the Association, for office space. In addition the Board will assist the Association to obtain telephone facilities at a location mutually agreed upon and at the Association's expense. D. The Board agrees to furnish the Association in response to reasonable requests from time to time all available public information concerning the financial resources of the district, tentative budgetary requirements and allocations and such other information as will assist the Association in developing intelligent, accurate, and complete studies in respect to hours, wages, and terms and conditions of employment. E. Any unusual or peculiar mode of dress causing concern will be brought to the attention of the individual teacher involved. A teacher's personal appearance should be consistent with the standards of his own profession. Any questions involving the basic standards for the ▇▇▇▇▇▇ Creek Community Schools should be referred to the teacher's building principal. F. A teacher shall be entitled to be represented by the Association and/or have present a representative of the Association in any matter dealing with employer-employee relationships. No action shall be taken with respect to the teacher until representation is present, if requested. Any complaint, by a parent or a student, directed toward a teacher shall be called to the teacher's attention within five (5) working days after said complaint has been brought to the attention of the Administrator. Teachers shall not be disciplined in the presence of parents and/or students. G. The Board agrees to make a reasonable effort to provide teachers with adequate parking facilities. The Board will continually strive, within its economic means, to maintain and improve, where necessary, these facilities. H. Academic Freedom 1. The parties seek to educate young people in the democratic traditions, to ▇▇▇▇▇▇ a recognition of individual freedom and social responsibility, to inspire meaningful awareness of and respect for the Constitution, and to install appreciation of the values of individual personality consistent with the general welfare of the social district and the community. 2. Freedom of individual conscience, association and expression will be encouraged and fairness in procedures will be observed, both to safeguard the legitimate interests of the schools and to exhibit, by appropriate examples, the basic objectives of a democratic society. 3. Teachers shall maintain a strictly non-political and non-sectarian position in the classroom. Schools shall not be used to advocate any political or religious position, sell tickets, or in other ways to conduct any activity which might be considered partisan in nature. Included herein, and specifically recognized by the Association, shall be any discussion of issues which may be present in the collective bargaining relationship between the parties. The foregoing shall not affect proper discussion of election procedures and forms of government. I. Any material in a teacher's file shall be for reasonable cause and a copy shall be given to the teacher at the time it is placed in his file. The teacher may attach a letter of clarification.