Common use of Level 4 – Arbitration Clause in Contracts

Level 4 – Arbitration. If the grievant is not satisfied with the decision rendered by the School Board, he/she shall notify the Association within five (5) days of receipt of the School Board's decision, or, if none, within five (5) days after the deadline for the School Board to issue its written decision. If the Association determines that the matter should be arbitrated, it shall so advise the Superintendent in writing within ten (10) days after receipt of the grievant's request. The Superintendent and the Association will attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within ten (10) days following receipt of the request for arbitration, either the Superintendent or the Association may request the American Arbitration Association, pursuant to its rules, to submit to the Association and the Superintendent rosters of persons qualified to function as an arbitrator. The arbitrator selected shall conduct the arbitration proceeding in accordance with the labor arbitration rules of the American Arbitration Association, as well as render his/her decision within the time period set forth in the same. This decision shall be binding on both parties and thus shall constitute the basis for settlement of the dispute. The arbitrator shall have no power to add to, delete from, or otherwise modify the terms of this Agreement. The cost of services of the arbitrator, including, if any, per diem expenses and actual and necessary travel and subsistence expenses, will be shared equally by the Board and the Auburn Education Association. Failure to communicate the decision on a grievance within the above-specified time limits shall permit the grievant to proceed to the next level. Failure in any step of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed a waiver of future appeal of this decision and will be considered acceptance of the decision rendered. Whenever any representative of the Auburn Education Association or the grievant under this procedure is required by New Hampshire Public Employee Relations Board proceedings, or grievance-related activities under this article, to appear at a specific time, and the designated time is in conflict with regular school working hours, such person shall suffer no loss of pay. All documents, communications and records dealing with the processing of a grievance or any part of the Agreement shall be filed separately from the personnel files of the participants and shall not be forwarded to any prospective employer of the grievant. The agreement to arbitrate, as referenced above, shall be subject to the provisions of RSA 542.