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.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Three - Arbitration. (a) If a. In the administrator event a grievance is not satisfied with the disposition of his/her grievance resolved at Level Two, he/she the Administrator may, if within five (5) days after the grievance concerns a specific grievancedecision, request, request in writing, 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) b. The Association may, within ten five (105) days after receipt of such request, submit the grievance to binding arbitration, as the case may be, arbitration by so notifying the Board of Education in writing writing, and by filing demand a request for arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the administrator of the proceedings and conduct them in accordance with its administrative procedures, practices and rules. In no event shall submission to the American Arbitration AssociationAssociation be made later than ten (l0) days following the decision of the Board of Education or expiration of the time limit for making such decision, whichever occurs first.
(c) c. No employee may file for arbitration as an individual and only the Association may file an appeal for arbitration hereunder.
d. The arbitrator shall have authority only to hear grievances as defined in this article. The arbitrator selected shall hear and decide only one grievance in each case. He/she The arbitrator shall be bound by and must comply with all the other terms of this Agreement. He/she The Arbitrator shall not have no the power to add to, delete from, or modify in any way any of the provisions of from this Agreement.
(d) e. The arbitrator shall, within 60 days after the hearing, shall render his/her decision in writing to all parties in interest, setting forth his/her findings of factsfact, reasoning and conclusions on the issues submitted. The , and the decision of the arbitrator shall be final and binding on both upon the 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 cost for the services of the arbitrator shall be borne equally by the Board and the Association. The cost .
f. No disposition of advisory arbitration any grievance at any level shall be borne by contrary to the association onlyprovisions of this agreement or applicable law.
Appears in 1 contract
Sources: Master Agreement