Common use of Level Four - Arbitration Clause in Contracts

Level Four - Arbitration. If the grievance is not satisfactorily resolved at the Level Three conference, the grievance shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

Level Four - Arbitration. a. If the grievance aggrieved person is not satisfactorily resolved satisfied with the disposition of his/her grievance at the Level Three conference, the grievance shall be submitted to an independent Arbitrator or if such request is made no decision has been rendered within ten (10) school days after the grievance was delivered to the Board, he/she may, within five (5) days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the Level Three conferenceaggrieved person. b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. The Arbitrator shall be selected by mutual agreement from If the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After parties are unable to agree upon an arbitrator has been utilized, their name will be placed on or to obtain such a commitment within the bottom of the list. If any of these arbitrators drops from the list for any reasonspecified period, a replacement shall request for a list of arbitrators may be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from made to the American Arbitration Association. a. Association by either party. The duty parties shall then be bound by the rules and responsibility procedures of the Arbitrator is to apply and interpret American Arbitration Association in the express provisions selection of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefsan arbitrator. c. The rules may arbitrator so selected shall confer with the representative of the Board and Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be amended in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the mutual agreement terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The arbitrator may add nothing to modify or subtract anything from the Agreement between the parties. d. Either party shall have The costs for the right within ten (10) days from the receipt services of the decision arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of hearing room shall be borne equally by the claim both as to the facts Board and the law, provided however, that if application in not made within such time, the decision of the Arbitrator Association. Any other expenses incurred shall be bindingpaid by the party incurring same.

Level Four - Arbitration. If the grievance is not satisfactorily resolved at the Level Three conference, the grievance shall be submitted to an independent Arbitrator if such request is made within a. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable Arbitrator and shall obtain a commitment from said Arbitrator to serve. If the parties are unable to agree upon a mutually acceptable Arbitrator, or obtain such a commitment within the specified period, a request for a list of Arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Level Three conferencePublic Employment Relations Commission in selection of an Arbitrator. b. The Arbitrator so selected shall confer with the Committee of the Board and the Aggrieved Person and Association representative, and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings, or if oral closings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The Arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall be selected by mutual agreement from the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the without power or authority to add to, subtract from, alter, modify, varymake any decision which requires the commission of an act prohibited by law, or ignore which is violative of the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. this Agreement. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindingsubmitted to the Board and the Aggrieved Person and Association representative, and shall be final and binding on the parties. The Arbitrator shall be limited to the issues submitted and shall consider nothing else. The Arbitrator can add nothing to, nor subtract anything from the Agreement between the parties. c. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. If the grievance is not satisfactorily resolved at the Level Three conference, the grievance shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. : ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

Level Four - Arbitration. a. If the grievance grievant is not satisfactorily resolved at dissatisfied with the Level Three conferenceresults of the Board action, the grievance shall be submitted to an independent Arbitrator if such request is made then within ten twenty (1020) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from grievant may move the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is matter to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of lawarbitration. b. The Arbitrator submission shall be requested to render his written made to, and the processes for selection of, an arbitrator shall be those of the Public Employment Relations Commission (P.E.R.C.) or another agency mutually agreed upon. c. The arbitrator so selected shall confer with representatives of the Board and the Association and hold hearings promptly and issue a decision within not later than thirty (30) calendar days from the conclusion date of close of hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him, or from the date final briefs are submitted by the parties. The arbitrator shall be limited to the issues and facts submitted to him and shall consider nothing else. The arbitrator shall be without jurisdiction to add to, or subtract anything from the Agreement between the parties and shall be bound by the specific and express terms thereof as well as any applicable policy of the hearing or submission Board of briefs. c. Education. The rules may arbitrator’s decision shall be amended in writing and set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the mutual agreement terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and Association and shall be final and binding on the parties. d. Either party shall have the right within ten (10) days from the receipt T he costs of the decision services of an arbitrator shall be borne equally by the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts Board and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindingAssociation.

Level Four - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his or her grievance at Level Three, or if no decision has been rendered within 10 school days after the grievance was delivered to the Board of Education, he or she may request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is not satisfactorily resolved at meritorious, it shall submit the Level Three conferencegrievance to arbitration. b. Within 10 school days after such written notice of submission to arbitration, the grievance Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be submitted made to an independent Arbitrator if such request is made within ten (10) days of the Level Three conferenceAmerican Arbitration Association by either party. The Arbitrator parties shall then be selected by mutual agreement from the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon bound by the Association rules and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from procedures of the American Arbitration Association. a. c. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement arbitrator’s decision shall be in writing and shall not have be submitted to the authority to add to, subtract from, alter, modify, vary, or ignore Board and the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination Association and shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of final and binding on the parties. d. Either party In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall have rest solely with the right within ten arbitrator selected in accordance with the provision of Section C.6 (10b) days from the receipt of this Article. e. All costs of the decision services of the Arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of a hearing room, if any, shall be paid as follows: In the event that the Association does not support a grievance neither the Association nor the Board shall be obligated to apply to pay any costs in arbitration. If the Association supports a court of competent jurisdiction for a rehearing grievance, all of the claim both costs of arbitration referred to above shall be borne equally by the Board and the Association. The Association shall notify the Board in writing as to whether or not it supports a grievance at the facts and the law, provided however, that if application in not made within such time, the decision conclusion of the Arbitrator shall be bindingLevel Two of this grievance procedure.

Level Four - Arbitration. (A) If the Association determines that the grievance is not satisfactorily resolved at the Level Three conference, meritorious it may submit the grievance shall be submitted to an independent Arbitrator if such request is made arbitration within fifteen (15) work days of receipt of disposition from the Superintendent or disposition deadline. (B) Within ten (10) school days after written notice to the Board of submission to arbitration the Level Three conferenceBoard and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. The Arbitrator shall be selected by mutual agreement from If the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After parties are unable to agree upon an arbitrator has been utilized, their name will be placed on or to obtain such a commitment within the bottom of the list. If any of these arbitrators drops from the list for any reasonspecified period, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility written request for a list of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination arbitrators shall be made to the PERB Board by a court of law. b. either party. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days list from the conclusion said Association shall consist of five (5) arbitrators and the hearing or submission of briefs. c. The rules may be amended in writing parties shall determine by the mutual agreement of the parties. d. Either lot which party shall have the right within ten to remove the first name from the list and alternate striking until one name remains. The person whose name remains shall be the arbitrator. (10C) The arbitrator so selected shall confer with the representative of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than thirty (30) days from the receipt date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to him/her. The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator in his/her decision shall not amend, modify, nullify, ignore or add to the provisions of the contract. The arbitrator’s decision shall be based solely and only upon the arbitrator’s interpretation and construction of the meaning or application of the expressed relevant language of the agreement. The decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as arbitrator shall be transmitted to the facts Board and to the Association, and shall be final and binding on the parties. (D) Expenses for the arbitrator’s services and the law, provided however, that if application in not made within such time, the decision of the Arbitrator proceedings shall be bindingborne equally by the employer and the Association. However, each party shall be responsible for compensating its own representative and witnesses.

Level Four - Arbitration. a. If the grievance grievant is not satisfactorily resolved satisfied with the disposition of is/her grievance at the Level Two (or Level Three conferenceif an appeal to the Board was taken), he/she may, within twenty (20) days after the decision of the Superintendent or the Board of Education, whichever is later, with the consent of the Association, submit the matter to arbitration. b. No claim by a unit member shall constitute a grievable matter beyond Level Two if it pertains to (1) any matter for which a detailed method of review is prescribed by law or which has traditionally been determined by the Commissioner of Education; (2) any matter which according to law is not mandatory negotiable. c. Within ten (10) working days after receipt of written notice of submission to arbitration, the grievance Board and the Association shall attempt to agree on a mutually acceptable arbitrator from a roster to be submitted from the Public Employment Relations Commission. If the parties are unable to agree upon an arbitrator, a request will be made of the Public Employment Relations Commission to submit a second roster of names. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator. d. The arbitrator shall limit himself/herself strictly to the issues submitted to him/her and shall consider nothing else. He/she may add nothing to, nor subtract anything from, the Agreement between the parties. e. The arbitrator's decision shall be in writing and shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated Board and agreed upon by the Association and the Employer. The hearing shall be conducted final and binding on the parties with regard to grievances submitted on behalf of employees. f. The costs for the services of the arbitrator shall be borne equally by the Arbitrator selected in Board and the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination . Any other expenses incurred shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing borne solely by the mutual agreement of the partiesparty incurring same. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

Level Four - Arbitration. a. If the grievance Grievant is not satisfactorily resolved satisfied with the disposition at Level Three, or no decision has been rendered within the time period provided in Level Three conferenceThree, the Grievant may request in writing that the Association submit the Grievance to arbitration. b. The Grievant shall submit his/her grievance shall in writing to the Association Chairman within five (5) days after the decision by the Public Safety Committee requesting that the Grievance be submitted to an independent Arbitrator if such request is made arbitration within ten (10) days after receipt of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon request by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefsGrievant. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within Within ten (10) days after such written notice of a submission to arbitration, the Borough Council and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from the receipt arbitrator or obtain such a commitment within a specified period. A list of arbitrators may be requested from the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the decision Public Employment Relations Commission in the selection of an arbitrator. d. The arbitrator so selected shall confer with the representatives of the Arbitrator to apply to a court of competent jurisdiction for a rehearing Borough Council and the Association and hold hearings promptly. The arbitrator shall issue his/her decision not later than twenty (20) days from the date of the claim both as close of the hearings or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to the facts arbitrator. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issue submitted. The arbitrator shall be without power or authority to make a decision that requires the commission of an act prohibited by law and that is violative of the terms of this Agreement. Such decision shall be final and binding. e. The costs for the services of the arbitrator, including per-diem expenses, if any, and actual necessary travel subsistence expenses, shall be borne equally by the Borough Council and the law, provided however, that if application in not made within such time, the decision of the Arbitrator Association. Any other expenses incurred shall be bindingpaid by the party incurring same.

Level Four - Arbitration. a. If the grievance grievant is not satisfactorily resolved satisfied with the disposition of his/her grievance at Level Three, he/she may, within ten (10 days after the Level Three conference, decision of the grievance shall be submitted to an independent Arbitrator if such request is made Board of Directors or within ten (10) days after the meeting with the Board of Directors, submit the grievance to arbitration by notifying the Executive Director of his/her intent to do so. If the grievant and the Executive Director cannot mutually agree upon a single arbitrator to hear the grievance within three (3) days of the Level Three conference. The Arbitrator shall be selected notice of intent to submit to arbitration, then the grievant may submit the grievance to arbitration by mutual agreement from filing a demand for arbitration under the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom Voluntary Labor Arbitration Rules of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. The American Arbitration Association shall then act as the administrator of the procedures. a. b. The duty and responsibility arbitrator selected shall confer promptly with the representatives of the Arbitrator is to apply Board and interpret the express provisions grievant, shall review the record of the agreement prior hearings, and shall not hold such further hearings as he/she shall deem requisite. c. The arbitrator shall be bound by the Voluntary Arbitrator Rules. He/she shall hear only one grievance at a time. He/she shall have the authority no power to add to, subtract delete from, alteror modify the agreement. He/she shall decide initially questions of arbitrability, modify, vary, or ignore subject to the terms right of each party to submit such questions to de novo court review. The decision of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination arbitrator shall be made by a court submitted to the Board of Directors and to the Association, and subject to law. b. The Arbitrator , shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the partiesfinal and binding. d. Either party shall have the right within ten (10) days from the receipt The costs of the decision services of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts arbitrator shall be borne equally by CREC and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindingAssociation.

Level Four - Arbitration. a. If the grievant is not satisfied with the disposition of the grievance at Level Three, he/she may, within five (5) days after receipt of the Level Three response, request in writing to the President of the Association that the grievance be submitted to Arbitration. b. If the Association determines that the grievance is not satisfactorily resolved at meritorious and elects to submit the Level Three conferenceissue to arbitration, the grievance shall be submitted to an independent Arbitrator if such request is made Association shall, within ten (10) days after receipt of the Level Three conferencedecision, notify the Board of its intent to request arbitration. c. The Board, through its representative, and the Association, through its representative, shall within ten (10) days after the notification in b. above, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. The Arbitrator shall be selected by mutual agreement from If the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After parties are unable to agree upon an arbitrator has been utilizedwithin ten (10) days, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and may request the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from services of the American Arbitration AssociationAssociation to furnish a list of arbitrators. a. d. The duty and responsibility arbitrator selected by the parties shall confer promptly with the representatives of the Arbitrator is to apply Board and interpret the express provisions grievant shall review the record of the agreement prior meetings and shall not hold such hearings with the grievant and the Board as he/she shall deem appropriate. e. The arbitrator shall conduct the hearing, render his/her decision in writing to all parties in interest, setting forth his/her findings of fact, reasoning, and conclusions on the issue(s) submitted in accordance with American Arbitration Association rules. The arbitrator shall have the authority no power to add to, subtract from, alteror modify the provisions of this Agreement, modifyand shall confine any decision to the meaning of the specific written contract provision(s) which gave rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, varyinterferes with the statutory duties of the Board, or ignore violates the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination this Agreement. The arbitrator's decision shall be made by a court of lawfinal and binding on the parties, subject to judicial review. b. f. The Arbitrator costs for the services of the arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing borne equally by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts Board and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindingAssociation.

Level Four - Arbitration. If the aggrieved person or group of persons is not satisfied with the disposition of his grievance at Level Three or if no written decision has been rendered within thirty (30) calendar days after the grievance was delivered to the Board, he/she may request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is not satisfactorily resolved at the Level Three conferencemeritorious for further consideration, it must submit the grievance shall be submitted to an independent Arbitrator if such request is made the American Arbitration Association for arbitration within ten (10) work days after receipt of the Level Three conferencerequest by the aggrieved person and shall notify the Board of such submission. The Arbitrator so selected shall be selected by mutual agreement from confer with the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom representatives of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association Board and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement , hold hearings promptly and shall issue his decision not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within later than thirty (30) calendar days from the conclusion date of the close of the hearing or submission of briefs. c. or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The rules may Arbitrator’s decision shall be amended in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make a decision which requires the commission of an act prohibited by the mutual agreement Law or which is in violation of the parties. d. Either party shall have terms of this Agreement. The Arbitrator cannot add to, delete from, or amend the right within ten (10) days from the receipt terms of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the this Agreement. The decision of the Arbitrator shall be bindingsubmitted to the Board and the Association. The decision of the Arbitrator shall be binding upon the parties when there is a claim by an employee, employees, or representatives of an employee or employees, that there has been a misinterpretation, misapplication, or a violation of any of the provisions of the Agreement. D. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the parties. E. Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One. Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. F. No meetings or hearings under this procedure shall be conducted in public and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article.

Level Four - Arbitration. a. If the aggrieved person is not satisfied with the disposition of this grievance at Level Three, or if no decision has been rendered within forty (40) work days after the grievance was delivered to the Board, he/she may, within five (5) work days after the by the Board or forty (40) work days after the grievance was delivered to the Board whichever is sooner, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is not satisfactorily resolved at the Level Three conferencemeritorious, it may submit the grievance to arbitration within fifteen (15) work days after receipt of a request by the aggrieved person and the Board shall be so notified. b. The parties shall then be bound by the rules and procedures of the New Jersey State Board of Mediation or Public Employment Relations Commission in the selection of an arbitrator. c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision normally not later than thirty (30) days from the date of the close of the hearings or if oral hearings have been waived, than from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issue(s) submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated Board and agreed upon by the Association and shall be final and binding on the Employerparties. The hearing arbitrator shall be conducted by limited to the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is issue(s) submitted to apply and interpret the express provisions of the agreement him/her and shall not have the authority to consider nothing else. He/she can add nothing to, nor subtract anything from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of between the parties. d. Either party shall have The costs for the right within ten (10) days from the receipt services of the decision arbitrator, including per diem expenses, and actual and necessary travel, subsistence expenses and the cost of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of hearing room shall be borne equally by the claim both as to the facts Board and the law, provided however, that if application in not made within such time, the decision of the Arbitrator Association. Any other expense incurred shall be bindingpaid by the party incurring same.