Level Three - Arbitration Clause Samples

Level Three - Arbitration a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the decision is rendered or within ten (10) days after the meeting with the Superintendent, request in writing to the Association that his/her grievance be submitted to arbitration. b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides that the alleged grievance has merit and that the decision at Level Two is not acceptable, it shall, within twelve (12) days after receipt of the Level Two decision, submit the grievance to arbitration by so notifying the Board in writing. If the Association decides, either that the alleged grievance lacks merit or that the decision at Level Two is in the best interest of the school system and the employee, it shall send written notification within five (5) days of reaching its judgment to the employee. c. Within five (5) days after the written notice is received by the Board, the Board and the Association shall select jointly an arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree on an arbitrator within five (5) days, the American Arbitration Association shall be called upon immediately to select an arbitrator. d. The arbitrator shall confer promptly with representatives of the Board and of the Association, shall review the records of the prior meetings, and shall hold such further hearings as he/she deems necessary. His/her recommendations will be issued within a reasonable time after the close of the last hearing or, if oral hearing has been waived, within a reasonable time after final statements and evidence have been submitted to him/her. e. The arbitrator’s recommendations shall be submitted in writing to the Board, with a copy to the Association, and shall set forth his/her findings, reasoning and conclusions on the issues submitted. The arbitrator’s recommendations shall be consistent with existing statutes. f. The Board shall take official action on the report of the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concerned. g. All costs and expenses from the services of the arbitrator shall be shared equally by the Board and the Association.

Level Three - Arbitration. The Grievant shall have a right of arbitration (in the manner hereafter described) for any grievance which arises under the terms of this Agreement and which is not resolved or dropped at a prior level. The arbitration procedure shall be as follows:

Level Three - Arbitration a. The Association, which has a duty of fair representation to unit members, may submit a qualified grievance to arbitration by notifying the Superintendent within twenty (20) days of the Level Two decision. A dispute qualifies for arbitration if it is a contract grievance. A contract grievance is one which pertains to any dispute about the interpretation or application of the collective bargaining agreement between the parties. In addition, matters covered by the "just cause" clause shall be arbitrable. b. Within ten (10) days after such a written notice of submission to arbitration, the Superintendent and Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties cannot reach agreement on an arbitrator or obtain such a commitment within the ten (10) day period, as they have in the past, they shall submit the selection of the arbitrator to AAA and be bound by the rules of that agency. c. The arbitrator so selected shall hold hearings promptly and shall issue his/her decision not later than thirty (30) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date that the final statements and briefs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her finding of fact, reasonings, 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 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. d. Costs 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 them.

Level Three - Arbitration. (a) If the administrator is not satisfied with the disposition of his/her grievance at Level Two, he/she may, if the grievance concerns a specific grievance, request, in writing, to the President of the Association that his/her grievance be submitted to binding arbitration or if the grievance concerns a general grievance, to advisory arbitration. (b) The Association may, within ten (10) days after receipt of such request, submit the grievance to binding arbitration, as the case may be, by so notifying the Board in writing and by filing demand for arbitration to the American Arbitration Association. (c) The arbitrator shall hear and decide only one grievance in each case. He/she shall be bound by and must comply with all the terms of this Agreement. He/she shall have no power to add to, delete from, or modify in any way the provisions of this Agreement. (d) The arbitrator shall, within 60 days after the hearing, render his/her decision in writing to all parties in interest, setting forth his/her findings of facts, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties. (e) Grievances which do not involve a violation, misapplication or misrepresentation of a specific provision of this Agreement shall be arbitrable in accordance with the procedure set forth in (a) through (d) above but any such arbitration award shall be advisory only. (f) The costs for the services of the arbitrator shall be borne equally by the Board and the Association. The cost of advisory arbitration shall be borne by the association only.

Level Three - Arbitration a. If the grievant is not satisfied with the disposition of the grievance at the board level, or if not decision has been rendered within twenty (20) school days after the grievance was delivered to the Board of Education, the grievant may, within ten (10) school days after the decision by the Board of Education or thirty (30) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within ten (10) school days after receipt of a request by the grievant. b. The arbitrator's decision shall be in writing and shall be submitted to the Board and Association. The arbitration, pursuant to this paragraph, shall be advisory and non-binding. The authority of the arbitrator is limited to the interpretations, application or the compliance with the provisions of this Agreement, and the arbitrator shall have no authority to modify, add to, subtract from, or in any way alter any of the terms of this Agreement, and shall be bound by all applicable New Jersey and Federal Statutes, the Constitutions of the State of New Jersey and of the Courts of the State of New Jersey and the Federal Courts having jurisdiction over matters arising within the State of New Jersey. c. The fees and expenses of the arbitrator are the only costs which shall be shared by the Board and the Association and such costs will be shared equally. Any other expense incurred shall be paid by the party incurring same.

Level Three - Arbitration a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten

Level Three - Arbitration a. If the aggrieved teacher is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten

Level Three - Arbitration a. If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, the employee may, within 20 working days after the decision by the President, request in writing that the Federation submit the grievance to arbitration. If the Federation determines that the grievance is meritorious, it may submit the grievance to arbitration within 20 working days after receipt of the decision rendered at Level Two. b. Within ten (10) working days after such written notice of submission of arbitration, the Board and the Federation 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 made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. c. Decisions of the Arbitrator with respect to grievances based on alleged misapplications, misinterpretations, or violations of contract provisions dealing with professional responsibilities and work assignments shall be advisory. d. Decisions of the Arbitrator with respect to all other grievances (exclusive of D-3c and D-4c above) shall be binding.

Level Three - Arbitration. If the decision of the Board does not resolve the grievance to the satisfaction of the grievant, and the grievance involves a violation of the express terms of this agreement, notice of intention to proceed to binding arbitration shall be given to the Board through the Superintendent within fourteen (14) calendar days after the receipt of the decision which is being appealed. All other grievances as defined in Paragraph A, above, shall have the Board as their terminal step. Arbitration shall be initiated and conducted under the rules of the N.J. Public Employment Relations Commission. The arbitrator shall limit himself to the issues submitted to him. He can add nothing to, nor subtract anything from, the Agreement between parties or any policy of the Board of Education. The opinion and award shall be binding. Subject to the requirements of the Open Public Records Act, copies of the award shall be provided only to the Board, the aggrieved individuals and the Association officials within thirty days of receipt.