Level Four - Binding Arbitration Sample Clauses
Level Four - Binding Arbitration a. If, after ten days, the grievant is not satisfied with the disposition of the grievance at Level Three, the grievant may request in writing to the Superintendent that the grievance be submitted to binding arbitration. The Association must concur in writing with this demand for arbitration. Except as otherwise expressly provided in this Agreement, the arbitration hearing will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (hereinafter referred to as the "AAA Rules".)
b. Within ten school days after such written notice of submission to arbitration, the Superintendent and the Association will attempt to agree upon an impartial and mutually acceptable arbitrator and obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the ten-day period, a request for a list of five arbitrators may be made to the Employment Relations Board by either party. Upon receipt of the list, the parties will flip a coin to determine which party strikes first. Thereafter, the other party will strike one name and the parties will alternate back and forth until one name remains. That person will be selected as the arbitrator.
c. The arbitrator so selected will confer with the representatives of the Superintendent and the grievant, hold hearings promptly and shall issue a decision not later than 30 days from the date of the close of the hearings under the following conditions:
i. The arbitrator shall have no authority except to pass upon alleged violations of the express provisions of this Agreement, as set forth in subsection a, 1, above.
ii. The arbitrator shall construe this Agreement in a manner which does not interfere with the exercise of the District's rights and responsibilities, except to the extent that such rights and responsibilities may be expressly limited by the terms of this Agreement.
iii. The arbitrator shall have no power or authority to add to, subtract from or modify any of the terms of this Agreement.
d. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on the issue submitted. Copies of the decision shall be submitted to the parties of interest.
e. The decision of the arbitrator shall be binding upon the parties provided the decision is within the jurisdiction of the arbitrator. The arbitrator's fees and expenses as well as the cost of a...
Level Four - Binding Arbitration a. If the grievant is not satisfied with the disposition in Step II (or termination of the mediation process under Step III if mediation is used), the grievance may be submitted to arbitration within five (5) days.
Level Four - Binding Arbitration. If the grievant is not satisfied with the decision at 11 Level Three, the grievant may, through the Association, within ten (10) days from the 12 Level Three decision being rendered, submit a request in writing to the Superintendent 13 for a binding arbitration of the dispute. The written request shall include a copy of the 14 informal conference form and the original grievance form (including the decision 15 rendered). If mediation is waived by mutual written agreement, the timeline for 16 submitting the request for arbitration shall begin the day after the agreement to waive 17 was signed. The Association and the District shall attempt to agree upon an arbitrator. 18 If no agreement can be reached, they shall request the American Arbitration 19 Association to supply a list of seven (7) names of arbitrators. Each party shall 20 alternately strike a name until only one (1) name remains. The remaining individual 21 shall be the arbitrator. The order of the striking shall be determined by lot. The
Level Four - Binding Arbitration a. Only those grievances which violate the specific terms of this Agreement shall be arbitrable. If the Federation is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within ten
Level Four - Binding Arbitration a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered thereon within thirty (30) calendar days after the grievance was delivered to the Board of Education, and in the event the subject of the grievance pertains to an alleged violation of this Agreement as to terms and conditions of employment, the Association may submit the grievance to an impartial arbitrator pursuant to the Rules of the Public Employment Relations Commission within twenty (20) calendar days following receipt of the Board’s decision or expiration of the decision rendering period.
b. The decision of the arbitrator shall be in writing and shall set forth his or 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 or violative of any law, or which is violative of the terms of this Agreement. The arbitrator shall have no power or authority to add to nor to subtract from or to modify any of the terms of the Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding on all parties.
c. The cost for the services of an 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 the same.
Level Four - Binding Arbitration. In the event that the aggrieved member of the unit is not satisfied with the disposition of the grievance at Level Three, or in the event no decision has been rendered within five (5) school days after the teacher has met with the Board of Education, the Federation may request that such dispute be referred to the American Arbitration Association for arbitration in accordance with its administrative procedures, practices, and rules. Only the Federation shall have the right to submit a grievance to arbitration.
Level Four - Binding Arbitration. The Association may request arbitration of the dispute. The request shall be in writing and be addressed to the Superintendent.
Level Four - Binding Arbitration a. If the decision of the Personnel Committee of the Board is not satisfactory to the Association, the grievance may be submitted to arbitration within thirty (30) days of the receipt of the written answer at Level Three.
b. The parties will attempt to select an arbitrator by mutual agreement. If they cannot agree on an arbitrator within ten (10) days after notice is given, the Association shall submit the grievance to the American Arbitration Association, and the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceedings any charge or rely on any evidence not previously disclosed to the other party, unless such charge or evidence is newly discovered. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
c. The fees and expenses of the arbitrator under this Article shall be jointly shared by the Board and the Association. Any other expenses such as costs involved in presenting witnesses, etc., shall be borne by the party incurring such expenses.
d. If the scheduled arbitration case is postponed on less than one (1) week’s notice to the other party, the party requesting the postponement will pay any and all arbitrator charges caused by the postponement.
e. The Association will make every effort to give the employer at least five (5) working days advanced notice of employees it needs to be excused from work to attend the arbitration hearing so substitutes can be obtained unless there are extenuating circumstances.
Level Four - Binding Arbitration. Section 1. If the alleged grievance is not settled at Level Three, the matter may be referred to arbitration before an impartial arbitrator. The grievant and/or the Association may refer the matter to arbitration provided that notice to refer the matter is given to the other party within five (5) days from the date of the Board’s written decision at Level Three. Within ten (10) days after the date of the written request for arbitration, a committee of the Board or its designated representative and the Association or its designated representative shall make every effort to agree upon a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator within five
Level Four - Binding Arbitration. 4a If the aggrieved teacher is not satisfied with the disposition of his grievance at Level Three, he may, within five (5) school days after the decision, or within ten (10) school days after the meeting at Level Three, whichever is sooner, request in writing to the President of the Federation or his designee that his grievance be submitted to binding arbitration.