Common use of GRIEVANCE & ARBITRATION PROCEDURES Clause in Contracts

GRIEVANCE & ARBITRATION PROCEDURES. 3-4.1 No matter shall be considered a proper subject for arbitration or be subject to the arbitration provision set forth herein, if it pertains to (a) any matter for which a specific method of review is prescribed by law or (b) any rule or regulation of the State Commissioner of Education or (c) any by-law of the Board pertaining to its internal organization or (d) any matter which according to law is either beyond the scope of Board authority or limited to unilateral action by the Board alone or (e) a complaint of a teacher not on a continuing contract which arises by reason of his/her not being reemployed or (f) a complaint by any certified personnel occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which a continuing contract is either not possible or not required. 3-4.2 An arbitrator mutually agreeable to the parties shall be selected from a list provided by the Public Employee Labor Relations Board or provided by each party. If after ten (10) calendar days from receipt of this list the parties are unable to reach agreement on the appointment of an arbitrator, an arbitrator shall be selected utilizing the services of the American Arbitration Association. 3-4.3 The arbitrator shall be limited to the issues as submitted at the School Board level, and shall consider nothing else. He/she may add nothing to nor subtract anything from the Agreement between the parties. The findings of the arbitrator shall be final and binding. Only the Board and the aggrieved and his/her representative shall be given copies of the arbitrator’s report. This shall be accomplished within thirty

GRIEVANCE & ARBITRATION PROCEDURES. 3-4.1 No matter shall be considered a proper subject for arbitration or be subject to the arbitration provision set forth herein, if it pertains to (a) any matter for which a specific method of review is prescribed by law or (b) any rule or regulation of the State Commissioner of Education or (c) any by-law of the Board pertaining to its internal organization or (d) any matter which according to law is either beyond the scope of Board authority or limited to unilateral action by the Board alone or (e) a complaint of a teacher not on a continuing contract which arises by reason of his/her not being reemployed or (f) a complaint by any certified personnel occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which a continuing contract is either not possible or not required. 3-4.2 An arbitrator mutually agreeable to the parties shall be selected from a list provided by the Public Employee Labor Relations Board or provided by each party. If after ten (10) calendar days from receipt of this list the parties are unable to reach agreement on the appointment of an arbitrator, an arbitrator shall be selected utilizing the services of the American Arbitration Association. 3-4.3 The arbitrator shall be limited to the issues as submitted at the School Board level, and shall consider nothing else. He/she may add nothing to nor subtract anything from the Agreement between the parties. The findings of the arbitrator shall be final and binding. Only the Board and the aggrieved and his/her representative shall be given copies of the arbitrator’s report. This shall be accomplished within thirtythirty (30) calendar days of the completion of the arbitrator’s hearing.