Level Five. Binding Arbitration (Any grievance filed on or after July 1, 2006)
Level Five. Arbitration
Level Five a. Within twenty (20) days of receipt of the Board of Education’s decision, the Association may submit the grievance to binding arbitration by providing the Board with written notice of its intent to seek arbitration. Within five (5) days following receipt of notification to seek arbitration, the parties shall meet and attempt to mutually select an arbitrator. However, if the parties are unable to mutually select an arbitrator, he/she shall be selected in accordance with the rules of the American Arbitration Association (AAA). Neither the Board nor the Association shall be permitted to rely on any evidence in the arbitration proceeding if a request to see such evidence has been made by the other party and denied by the Board or the Association.
Level Five. 1. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit one grievance per year to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board.
Level Five. If the Association is not satisfied with the disposition of the grievance at Level Four, it may, within fifteen
Level Five a. In the event the grievance is not satisfactorily resolved at Level Four or if no decision is reached within a ten (10) school day period after completion of Level Four, the grievance shall be immediately transmitted to binding arbitration. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accord with its rules, which likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Level Five. If the decision of the Board does not resolve the grievance to the satisfaction of the grievant and the grievant wishes review by a third party, and if the matter pertains to this agreement between the Board and the Association, the grievant shall so notify the Board through the Superintendent within ten (10) working days of receipt of the Board's decision. The grievant, in order to process the grievance beyond Level Four must have his/her request for such action accompanied by the written recommendation for such action by the Association. Level Six
Level Five. If the grievance is not resolved in a mutually satisfactory manner within ten (10) days after the Review Committee meets with the Ad Hoc Committee, the Association may submit the grievance to binding arbitration. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator shall be paid by the losing party.
Level Five. 1. If the grievant and the Association are not satisfied with the disposition in Level Four, he/she may demand that the issue be submitted to arbitration within five (5) days after the Level Four hearing.
Level Five a. If the Association is not satisfied with the disposition of the grievance by the Board at Xxxxx 0, it may submit the grievance to arbitration within fifteen (15) days of the decision by the Board. If during this period the Association determines to proceed, it must notify the Superintendent in writing and submit a request to the Public Employment Relations Commission for the submission of an initial list of arbitrators. If the parties are unable to agree upon an arbitrator or obtain such a commitment within the specified period, the parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator.
