Arbitration Stage. 16.05.01 The Union or the Employer may refer any grievance (including policy grievances) to arbitration if it has not been resolved by formal review. A grievance may only be referred to arbitration if it has been properly processed in accordance with the procedures, time limits, and restrictions contained in the Dispute Resolution Process.
16.05.02 A referral to arbitration shall be initiated in writing no later than thirty (30) working days after the conclusion of the formal review stage.
Arbitration Stage. In the event the Union wishes to appeal an unsatisfactory decision at Step 2, a demand for arbitration shall be presented to New York State Public Employment Relations Board within ten days of receipt of the Step 2 decision. The New York State Public Employment Relations Board will submit a list of arbitrators from which the parties shall select the arbitrator who shall arbitrate said dispute in accordance with the Rules and Procedures of the Public Employment Relations Board. The arbitrator shall have no power to add to or subtract from, or modify the provisions of this Agreement in arriving at a decision of the issues presented. The arbitrator’s decision shall be binding on both parties. All fees and expenses of the arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing its own case.
Arbitration Stage. 1) In the event the Union wishes to appeal an unsatisfactory decision at Step 2, a demand for arbitration shall be presented to New York State Public Employment Relations Board within ten
Arbitration Stage. The Union or the City may refer any grievance (including policy grievances) to arbitration if it has not been resolved by formal review. A grievance may only be referred to arbitration if it has been properly processed in accordance with the procedures, time limits and restrictions contained in the Dispute Resolution Process.
Arbitration Stage. If a solution satisfactory to the FFECC and the County is impossible to reach at this Conference, the Parties agree to voluntarily submit the issue to binding arbitration. The Voluntary Rules and Procedures of the American Arbitration Association are to govern this process procedurally. The Federation will submit a copy of the Demand to the County and the College requesting assignment of an arbitrator from a permanent list of five mutually agreed to arbitrators. The Permanent List of arbitrators is found in Annex C of this Contract. The list of arbitrators shall be maintained at no fewer than 8 and shall be updated from time to time. Either party may strike one (1) Arbitrator from this list during the term of this Agreement. The arbitrator's decision shall be final and binding. Each Party shall be responsible for compensating its own representative and witnesses. If either Party desires a verbatim record of the proceeding, it may cause such a record to be made, providing it pays for the record and makes a copy of the record available without charge to the other Party and to the arbitrator. The arbitrator shall hear the issues and make decisions binding on all Parties on all issues. The services of the arbitrator shall be paid for by the FFECC and County/College in equal amount. The arbitrator's decision shall be in writing and rendered no later than thirty (30) days after the conclusion of the hearing.
Arbitration Stage. If there is not resolution and the Association determines that the grievance is meritorious, the Association may submit the grievance to arbitration within ten (10) school days of the Board’s decision. The arbitrator shall have no power or authority to add to, subtract from, or modify any terms of this Agreement, or to make any decision which requires the commission of an act prohibited by law or which violates this Agreement. The arbitrator’s decision shall be final and binding upon the parties.
1. A demand for arbitration specifying the provisions of the Agreement at issue shall be filed with the American Arbitration Association (AAA) within not more than ten (10) school days after receipt of decision at the Board Stage. The parties shall be bound by the Voluntary Labor Arbitration Rules of the AAA for the selection of the Arbitrator and for the arbitration.
2. The cost of the arbitrator will be borne equally by the Board of Education and the Teachers’ Association. Cost of stenographic record and/or witness shall be borne by the party requesting the same.
Arbitration Stage. Failing a satisfactory settlement being reached at Step 2, the Union may refer the dispute to arbitration within ten (10) days of receiving the Board of Director’s response at Step 2.
Arbitration Stage. 1. If the employee is not satisfied with the decision of stage two and the Union determines that the grievance is meritorious, the Union may submit the grievance to arbitration by written notice to the Personnel Officer within twenty working days of the decision at stage two.
2. In the event the parties cannot agree upon an arbitrator, the selection shall be governed by the voluntary rules and procedures of the American Arbitration. The arbitrator shall hear the matter and issue a report no later than thirty days from the date of the close of the hearing or last date of the close of the hearing or last date for submission of proofs and briefs.
3. The written report of the Arbitrator shall contain a statement of the Arbitrator’s finding of fact(s), conclusions and recommendations. The report of the Arbitrator shall be advisory except for a grievance of any claimed violation, misinterpretation or inequitable application of the terms of this Agreement. In these grievances, the issuance of the award of the arbitrator shall be final and binding unless the Common Council determines that it might seriously and adversely affect the public. The Common Council shall notify the parties of the determination within thirty days of the issuance of the award. In the event the Common Council determines that award might seriously and adversely affect the public, the Union shall have the right to seek review of the Common Council’s determination in an appropriate court. The Arbitrator shall send a copy of the written report to each employee involved, the Union, the head of the department involved, the Personnel Officer and the Mayor. In the case of advisory arbitration, the Employer may, in its discretion, adopt all or a portion of the recommendations contained therein. Except as otherwise provided herein, the issuance of the report of the Arbitrator shall constitute the final step in the grievance procedure in this Agreement.
4. The parties may extend the time limits by mutual written agreement.
Arbitration Stage. Matters Arbitrable
Arbitration Stage. (1) If the teacher and Association are not satisfied with the Decision at Formal Stage, and the Association determines that the Grievance is meritorious and that appealing it is in the best interests of the School system, it may submit the grievance to arbitration by written Notice to the Superintendent within fifteen (15) School days of the Decision at Formal Stage; provided, however, that only a grievance which claims that a provision of this Agreement has been violated may be submitted to arbitration.
(2) The Association shall give notice of its decision to submit a grievance to binding arbitration by sending a letter to the American Arbitration Association ("AAA") with a copy to the office of the Superintendent. The letter shall specifically identify the grievance to be submitted and shall request the AAA to send to the Association and to the office of the Superintendent a list of fifteen (15) names of Arbitrators competent in the area of the grievance. Within ten (10) School days of the day on which it receives its copy of the list, each party will return its copy with all names which are unacceptable to it crossed off and the remaining names numbered in order of the party's preference. If the AAA determines that no mutually acceptable Arbitrator has been selected by the parties, the AAA shall send each party a second list of fifteen (15) names and the foregoing process will be repeated. If the AAA determines that no mutually acceptable Arbitrator has been selected by the parties from the second list, the AAA will name the Arbitrator.
(3) The selected Arbitrator will hear the matter promptly and will issue his/her Decision not later than fifteen (15) School days from the date of the close of the Hearing, or, if oral Hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The Arbitrator's Decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues.
(4) The Arbitrator shall have no 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.
(5) The Decision of the Arbitrator shall be final and binding upon all parties.
(6) The costs for the services of the Arbitrator, including expenses, if any, will be borne equally by the Board of Education and the Association.
