Common use of Impartial Arbitration Clause in Contracts

Impartial Arbitration. 1. In the event that the aggrieved paraeducator is not satisfied with the disposition of the grievance at Level Three, or in the event no decision has been rendered within ten (10) school days after the conclusion of the hearing, the paraeducator or the ASSOCIATION may within five (5) school days after a decision by the BOARD or fifteen (15) school days after the conclusion of the BOARD hearing, whichever is sooner, present a request in writing to the chairperson of the ASSOCIATION Grievance Committee to carry the grievance to impartial arbitration. The Grievance Committee shall notify the BOARD of its intention to proceed to impartial arbitration within 15 days thereafter. 2. The parties shall be governed by the rules and regulations of the American Arbitration Association in the selection and designation of an arbitrator, however, the parties may, by mutual agreement, select an arbitrator outside of the American Arbitration Association process. 3. The arbitrator so selected shall hold hearings promptly and shall issue a decision in accordance with the rules and regulations of the American Arbitration Association. The arbitrator shall be without power or authority to make any decision or recommendation which requires the commission of an act prohibited by law or which violates, modifies, alters, or changes the terms of this agreement. 4. Where the grievance involves an alleged violation, misinterpretation, or misapplication of the terms of this agreement, the arbitrator may render a decision which is final and binding on the parties; however, where the grievance involves an alleged violation, misinterpretation or misapplication of the rules, regulations, administrative directives or policies of the BOARD, then the recommendation or decision of the arbitrator shall be advisory. Such decision or recommendation of the arbitrator shall be submitted to the BOARD, the aggrieved paraeducator, and the chairperson of the ASSOCIATION Grievance Committee. 5. Cost of such arbitrator shall be equally borne by the ASSOCIATION and the BOARD. A. Evaluation

Impartial Arbitration. 1. In the event that the aggrieved paraeducator is not satisfied with the disposition of the grievance at Level Three, or in the event no decision has been rendered within ten (10) school days after the conclusion of the hearing, the paraeducator or the ASSOCIATION / UNION may within five (5) school days after a decision by the BOARD or fifteen (15) school days after the conclusion of the BOARD hearing, whichever is sooner, present a request in writing to the chairperson of the ASSOCIATION / UNION Grievance Committee to carry the grievance to impartial arbitration. The Grievance Committee shall notify the BOARD of its intention to proceed to impartial arbitration within 15 days thereafter. 2. The parties shall be governed by the rules and regulations of the American Arbitration Association in the selection and designation of an arbitrator, however, the parties may, by mutual agreement, select an arbitrator outside of the American Arbitration Association process. 3. The arbitrator so selected shall hold hearings promptly and shall issue a decision in accordance with the rules and regulations of the American Arbitration Association. The arbitrator shall be without power or authority to make any decision or recommendation which requires the commission of an act prohibited by law or which violates, modifies, alters, or changes the terms of this agreement. 4. Where the grievance involves an alleged violation, misinterpretation, or misapplication of the terms of this agreement, the arbitrator may render a decision which is final and binding on the parties; however, where the grievance involves an alleged violation, misinterpretation or misapplication of the rules, regulations, administrative directives or policies of the BOARD, then the recommendation or decision of the arbitrator shall be advisory. Such decision or recommendation of the arbitrator shall be submitted to the BOARD, the aggrieved paraeducator, and the chairperson of the ASSOCIATION / UNION Grievance Committee. 5. Cost of such arbitrator shall be equally borne by the ASSOCIATION / UNION and the BOARD. A. EvaluationEvaluations