Arbitration Level. a. Within five (5) days following appeal to Arbitration, the parties shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region, including New Mexico. b. The parties will strive to mutually agree upon an Arbitrator. If the parties fail to agree upon an Arbitrator, each party will strike one name, followed by the other party striking one name, until a single name remains; and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (10) days of receipt of the list by both parties. c. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) and the provisions of this Article. The Arbitrator's decision shall be final and binding. d. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the Arbitrator. e. The Arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement; and the Arbitrator shall interpret this Agreement in accordance with the accepted arbitral standards of contractual interpretation. f. The Arbitrator's decision will be in writing and will set forth the Arbitrator's finding of fact, reasoning, and conclusion of the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association. g. All costs of the service of the Arbitrator, including, but not limited to per diem expenses, travel, and subsistence, and the cost of any hearing room, will be borne equally by the District and the Association. All other costs will be borne by the party incurring them. If the aggrieved is not represented by the Association, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing (An average of prior shared arbitration costs). h. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. i. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) days following receipt of the decision.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration Level. a. i. If the aggrieved is not satisfied with the disposition of the grievance at the Superintendent Level, the grievant may within twelve (12) days submit the grievance to advisory arbitration.
ii. Within five (5) days following the appeal to Arbitrationadvisory arbitration, the parties to the grievance shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, Service requesting a list of seven five (75) arbitrators from the region, including New Mexicoarbitrators.
b. iii. The parties will strive to mutually agree upon an the Arbitrator. If the parties fail to mutually agree upon an Arbitrator, the Arbitrator each party will strike one name, name followed by the other party striking one name, name until a single name remains; remains and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by a flip of the toss of a coin. The process of striking of names will shall occur within ten (10) days of receipt of the list by both parties.
c. iv. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) American Arbitrators Union and the provisions of this Article. The Arbitrator's decision shall be final and binding.
d. v. The Arbitrator shall conduct a hearing as soon as possible.
vi. If any question arises as to the arbitrability of the grievance, such question questions shall be ruled upon by the Arbitrator.
e. vii. The Arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement; , and the Arbitrator shall interpret this Agreement in accordance with the accepted arbitral standards of contractual interpretation.
f. viii. The Arbitrator's ’s decision will be in writing and will set forth the Arbitrator's finding ’s findings of fact, reasoning, reasoning and conclusion of the issues issue submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association.
g. Union. All costs of the service services of the ArbitratorArbitration, including, but not limited to to, per diem expenses, travel, travel and subsistence, subsistence and the cost of any hearing room, room will be borne equally by the District Board and the Associationaggrieved. All other costs will be borne by the party incurring them. If Unless the aggrieved is not represented by the AssociationUnion, the District Board may require that the aggrieved party post the party's ’s share of the expenses in advance of the hearing (An average of prior shared arbitration costs)hearing.
h. ix. If any party requests a transcript of the proceedings, that the party shall bear the full costs for the transcript.
i. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) days following receipt of the decision.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration Level. a. Within five (5) days following appeal to Arbitration, the parties shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region, including New Mexico.
b. The parties will strive to mutually agree upon an Arbitrator. If the parties fail to agree upon an Arbitrator, each party will strike one name, followed by the other party striking one name, until a single name remains; and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (10) days of receipt of the list by both parties.
c. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) and the provisions of this Article. The Arbitrator's decision shall be final and binding.
d. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the Arbitrator.
e. The Arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement; and the Arbitrator shall interpret this Agreement in accordance with the accepted arbitral standards of contractual interpretation.
f. The Arbitrator's decision will be in writing and will set forth the Arbitrator's finding of fact, reasoning, and conclusion of the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association.
g. All costs of the service of the Arbitrator, including, but not limited to per diem expenses, travel, and subsistence, and the cost of any hearing room, will be borne equally by the District and the Association. All other costs will be borne by the party incurring them. If the aggrieved is not represented by the Association, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing (An average of prior shared arbitration costs.).
h. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript.
i. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) days following receipt of the decision.. TO: FROM Supervisor Grievant WORK LOCATION DATE _ Supervisor Level grievances must be filed with the Supervisor within fifteen (15) work days from the event/act, or the discovery of the event/act, that caused the grievance. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement; circumstances involved; and the date of the alleged violation: Specific remedy to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Director of Human Resources Association President TO: FROM Supervisor Grievant WORK LOCATION DATE _ Superintendent Level grievances must be filed within five (5) work days of the supervisor’s decision with the Superintendent’s Secretary and the Human Resources Director. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement; circumstances involved; and the date of the alleged violation: Specific remedy to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Director of Human Resources Association President CENTRAL CONSOLIDATED SCHOOLS & CCEA / NEA DATE TO: CCSD Board of Education RE: Grievance filed on by (Date) (Name) Grievance appeal must be filed within ten (10) work days of the Superintendent’s decision with the Board Secretary and the Human Resources Director. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement, circumstances involved, and the date of the alleged violation: Specific remedy requested to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Supervisor Director of Human Resources Association President GRIEVANCE RESPONSE FORM CENTRAL CONSOLIDATED SCHOOLS & CCEA / NEA TO: RE: Grievance of (Name) (Supervisor/Superintendent/Board) I certify that my response to the alleged grievance was delivered to the grievant. Distribution required by the supervisor preparing the response: Aggrieved Supervisor Director of Human Resources Association President
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Level. a. Within five (5) days following appeal to Arbitration, the parties shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region, including New Mexico.
b. The parties will strive to mutually agree upon an Arbitrator. If the parties fail to agree upon an Arbitrator, each party will strike one name, followed by the other party striking one name, until a single name remains; and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (10) days of receipt of the list by both parties.
c. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) and the provisions of this Article. The Arbitrator's ’s decision shall be final and binding.
d. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the Arbitrator.
e. The Arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement; and the Arbitrator shall interpret this Agreement in accordance with the accepted arbitral standards of contractual interpretation.
f. The Arbitrator's ’s decision will be in writing and will set forth the Arbitrator's ’s finding of fact, reasoning, and conclusion of the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association.
g. All costs of the service of the Arbitrator, including, but not limited to per diem expenses, travel, and subsistence, and the cost of any hearing room, will be borne equally by the District and the Association. All other costs will be borne by the party incurring them. If the aggrieved is not represented by the Association, the District may require that the aggrieved party post the party's ’s share of the expenses in advance of the hearing (An average of prior shared arbitration costs.).
h. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript.
i. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) days following receipt of the decision.. CENTRAL CONSOLIDATED SCHOOLS & CCEA / NEA TO: FROM WORK LOCATION DATE Supervisor Level grievances must be filed with the Supervisor within fifteen (15) work days from the event/act, or the discovery of the event/act, that caused the grievance. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement; circumstances involved; and the date of the alleged violation: Specific remedy to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Director of Human Resources Association President CENTRAL CONSOLIDATED SCHOOLS & CCEA / NEA TO: FROM WORK LOCATION DATE Superintendent Level grievances must be filed within five (5) work days of the supervisor’s decision with the Superintendent’s Secretary and the Human Resources Director. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement; circumstances involved; and the date of the alleged violation: Specific remedy to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Director of Human Resources Association President CENTRAL CONSOLIDATED SCHOOLS & CCEA / NEA DATE TO: CCSD Board of Education RE: Grievance filed on (Date) (Name) Grievance appeal must be filed within ten (10) work days of the Superintendent’s decision with the Board Secretary and the Human Resources Director. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement, circumstances involved, and the date of the alleged violation: Specific remedy requested to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Supervisor Director of Human Resources Association President CENTRAL CONSOLIDATED SCHOOLS & CCEA / NEA TO: RE: Grievance of Grievance received by undersigned (Date) DECISION: (Supervisor/Superintendent/Board) I certify that my response to the alleged grievance was delivered to the grievant. Distribution required by the supervisor preparing the response: Aggrieved Supervisor Director of Human Resources Association President
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Level. a. Within five (5) days following appeal to Arbitration, the parties shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region, including New Mexico.
b. The parties will strive to mutually agree upon an Arbitrator. If the parties fail to agree upon an Arbitrator, each party will strike one name, followed by the other party striking one name, until a single name remains; and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (10) days of receipt of the list by both parties.
c. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) and the provisions of this Article. The Arbitrator's decision shall be final and binding.
d. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the Arbitrator.
e. The Arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement; and the Arbitrator shall interpret this Agreement in accordance with the accepted arbitral standards of contractual interpretation.
f. The Arbitrator's decision will be in writing and will set forth the Arbitrator's finding of fact, reasoning, and conclusion of the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association.
g. All costs of the service of the Arbitrator, including, but not limited to per diem expenses, travel, and subsistence, and the cost of any hearing room, will be borne equally by the District and the Association. All other costs will be borne by the party incurring them. If the aggrieved is not represented by the Association, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing (An average of prior shared arbitration costs.).
h. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript.
i. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) days following receipt of the decision.. TO: FROM Supervisor Grievant WORK LOCATION DATE _ Supervisor Level grievances must be filed with the Supervisor within fifteen (15) work days from the event/act, or the discovery of the event/act, that caused the grievance. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement; circumstances involved; and the date of the alleged violation: Specific remedy to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Director of Human Resources Association President TO: FROM Supervisor Grievant WORK LOCATION DATE _ Superintendent Level grievances must be filed within five (5) work days of the supervisor’s decision with the Superintendent’s Secretary and the Human Resources Director. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement; circumstances involved; and the date of the alleged violation: Specific remedy to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Director of Human Resources Association President TO: CCSD Board of Education RE: Grievance filed on by (Date) (Name) Grievance appeal must be filed within ten (10) work days of the Superintendent’s decision with the Board Secretary and the Human Resources Director. Statement of the specific alleged violations, misinterpretations, and/or misapplications of a specific provision of this Agreement, Board policy, or a specific written District procedure that governs the employee’s terms and conditions of employment. Please identify the specific article and section of the Agreement, circumstances involved, and the date of the alleged violation: Specific remedy requested to resolve the grievance: Only one grievance is allowed per form. Distribution required by the employee filing the grievance: Xxxxxxxxx Supervisor Director of Human Resources Association President RE: Grievance of (Name) (Supervisor/Superintendent/Board) I certify that my response to the alleged grievance was delivered to the grievant. Distribution required by the supervisor preparing the response: Aggrieved Supervisor Director of Human Resources Association President Agreed to by CCEA and CCSD Administration – November 2021
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Level. a. Within five (5) days following appeal to Arbitration21.6.1 If not satisfied with the decision of the Board, the parties Employee may within 15 days after receipt of the decision submit the grievance to arbitration through the Association. The Association shall meet notify the Board in writing of its decision to prepare a joint letter proceed to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region, including New Mexicoarbitration.
b. The parties will strive 21.6.2 Within 10 days after such written notice of submission to mutually arbitration, the Board and the Association shall attempt to agree upon an Arbitratora mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties fail are unable to agree upon an Arbitratorarbitrator and to obtain such a commitment within the 10-day period, each party will strike one name, followed a request for a list of arbitrators shall be made to PERC by either party. The parties shall then be bound by the other party striking one name, until a single name remains; rules and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (10) days of receipt procedures of the list by both partiesAmerican Arbitration Association in the selection of an arbitrator.
c. 21.6.3 The Arbitrator arbitrator so selected shall conduct the hearing in accordance confer with the voluntary arbitration rules representatives of the Federal Mediation and Conciliation Service (FMCS) Board and the provisions Association and hold hearings promptly, and shall issue a decision not later than 20 days from the date of this Article. the close of the hearings, or if oral hearings have been waived, then from the date that the final settlements and proofs are submitted to the arbitrator.
21.6.4 The Arbitratorarbitrator's decision shall be final and binding.
d. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the Arbitrator.
e. The Arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement; and the Arbitrator shall interpret this Agreement in accordance with the accepted arbitral standards of contractual interpretation.
f. The Arbitrator's decision will be in writing and will shall set forth the Arbitrator's finding findings of factfacts, reasoning, and conclusion of on the issues issue submitted. The Arbitrator will arbitrator shall be limited to the issues submitted and shall consider nothing else. 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 violates, adds to, subtracts from or modifies in violation of any way the specific and expressed terms of this Agreement. A copy The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the award will facts presented involving the specific grievance.
21.6.5 The decision of the arbitrator shall be submitted to the Superintendent, the aggrieved, Board and the AssociationAssociation and shall be binding only if the grievance alleges a violation of this Agreement. All other grievances shall result in an advisory decision only.
g. All 21.6.6 The costs of the service services of the Arbitratorarbitrator, including, but not limited to including per diem expenses, travelif any, and subsistence, actual and the cost of any hearing roomnecessary travel and subsistence expenses, will for the first two arbitrations be borne equally by the District Board and the Association. All other In any additional arbitrations, all such costs will be borne by the party incurring them. If Association if the aggrieved is not represented arbitrator upholds the Board's decision and by the Board if the Association, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing (An average of prior shared arbitration costs)grievance is sustained.
h. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript.
i. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) days following receipt of the decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
