Common use of Level Three - Arbitration Clause in Contracts

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 grievant aggrieved person is not satisfied with the disposition of the his grievance at the board levelLevel Two, or if not no decision has been rendered within twenty thirty (2030) school days after the grievance was delivered to the Board of EducationBoard, the grievant he may, within ten five (105) school days after the a decision by the Board of Education or thirty thirty‐ five (3035) school days after the grievance was delivered to the Board of EducationBoard, whichever is sooner, request in writing that the Association submit the its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within ten fifteen (1015) school days after receipt of a request by the grievantaggrieved person. b. Within ten (10) 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 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 or the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association or the Public Employment Relations Commission depending on which arbitration agency is used. c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly. The arbitrator's ’s decision shall be in writing and shall be submitted to set forth his/her findings of fact, reasoning, and conclusions on the Board and Associationissues submitted. The arbitration, pursuant to this paragraph, arbitrator shall be advisory and non-bindingwithout power or authority to make any decision which requires the commission of an act prohibited by law. 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, may not add to, subtract from, or in any way alter any of otherwise modify the terms of this Agreement, and shall be bound by all applicable New Jersey and Federal Statutes, Agreement between 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. parties. The fees and expenses decision of the arbitrator are the only costs which shall be shared by submitted to the Board and the Association and such costs shall be final and binding upon the parties. d. Arbitration meetings will be shared equallyheld at times other than the regular school day. e. Each party shall pay its own costs for arbitration preparation. Any other expense incurred The parties shall be paid by share equally the party incurring samefee and the expense, of the arbitrator and arbitration proceedings.

Level Three - Arbitration. a. If the grievant Association is not satisfied with the disposition of the a grievance at the board levelLevel Two, or if not no decision has been rendered within ten (10) school days after the close of the conference at Level Two, the Association may within ten (10) school days after receipt of the written decision by the superintendent, or 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 Educationsuperintendent, whichever is sooner, request in writing that binding arbitration under Act 195. No grievance may be appealed to arbitration unless the Association submit parties have met to discuss the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within at Level Two. b. Within ten (10) school days after receipt 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 an arbitrator or to obtain such a commitment within the specified period, a request by may be made to the grievantPennsylvania Bureau of Mediation for a panel of seven (7) arbitrators, each of whom must be a member of the National Academy of Arbitrators. The Association and then the Board shall alternately strike three (3) names each and the remaining person shall be the arbitrator. b. c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his 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 the final statements and proofs on the issues are submitted to him. The arbitrator's ’s decision shall be in writing and may 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 terms of this Agreement. The decision of the arbitrator 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, Association and shall be bound by all applicable New Jersey final and Federal Statutes, binding on the Constitutions parties. d. The costs for the services of the State of New Jersey arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost 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 hearing room shall be shared borne equally by the Board and the Association and such costs will be shared equallyAssociation. Any other expense incurred expenses, including those of a court reporter, shall be paid by the party incurring incurring/requesting same.

Level Three - Arbitration. a. (a) If the grievant Association is not satisfied with the disposition of the a grievance at the board levelLevel Two, or if not no decision has been rendered within ten (10) school days after the close of the conference at Level Two, the Association may within ten (10) school days after receipt of the written decision by the superintendent, or 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 Educationsuperintendent, whichever is sooner, request in writing that binding arbitration under Act 195. No grievance may be appealed to arbitration unless the Association submit parties have met to discuss the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within at Level Two. (b) Within ten (10) school days after receipt 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 an arbitrator or to obtain such a commitment within the specified period, a request by may be made to the grievantPennsylvania Bureau of Mediation for a panel of seven (7) arbitrators, each of whom must be a member of the National Academy of Arbitrators. The Association and then the Board shall alternately strike three (3) names each and the remaining person shall be the arbitrator. b. (c) The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his 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 the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and may 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 terms of this Agreement. The decision of the arbitrator 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, Association and shall be bound by all applicable New Jersey final and Federal Statutes, binding on the Constitutions parties. (d) The costs for the services of the State of New Jersey arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost 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 hearing room shall be shared borne equally by the Board and the Association and such costs will be shared equallyAssociation. Any other expense incurred expenses, including those of a court reporter, shall be paid by the party incurring incurring/requesting same.

Level Three - Arbitration. a. If the grievant is not satisfied with the disposition of the grievance at the board Board level, or if not no 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. Decisions of the Board in the following matters are final and such decisions shall not be subject to arbitration under this agreement: i. Any matter for which a method of review is prescribed by law. ii. Any rules or regulations of the State Commissioner of Education. iii. Any matter which, according to law, is beyond the scope of Board authority or is limited to action by the Board alone. iv. A complaint of an employee which arises by reason of his/her not being re-employed, including, but not limited to, his/her reappointment to any position which is not tenurable under law. c. The arbitrator's ’s decision shall be in writing and shall be submitted to the Board and Association. The arbitration, pursuant to this paragraph, shall be advisory final and non-binding. The authority of the arbitrator is limited to the interpretations, application 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. d. 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.