Board of Education. The grievant shall present his/her written grievance to the Board of Education by letter to the President of the Board. Either party may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee of the Board if mutually agreed, within the time limit for the Board’s response. The Board’s decision shall be binding on the grievant, the Union, and the District. a) The Board of Education must respond within twenty (20) working days after it receives the appeal. b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limit, the grievant may appeal to Step 5. a) Within ten (10) days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated. b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee and the grievant and/or the Union shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator, the parties will then request a list of arbitrators from the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee. c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is closed (after all documents and briefs, if any, have been submitted). The arbitrator’s decision shall be in writing, and shall set forth findings of fact and recommendations on all issues submitted. The arbitrator shall have no authority to add to, subtract from, or modify the agreement or any provision of it. The recommendations of the arbitrator shall be final and binding upon the grievant, the Union, and the District. c) The cost for the services of the arbitrator, including expenses, if any, shall be borne equally by the District and the Union. Each party will pay for its own advocates and representatives, if any.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Board of Education. The grievant shall present his/If the aggrieved person is not satisfied with the disposition of his or her written grievance to the Board of Education by letter to the President of the Board. Either party may request a hearing, which must be held at a regularly scheduled Board meetingLevel III, or before a committee of the Board if mutually agreed, no decision has been rendered within the time limit for the Board’s response. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within twenty (20) working days after it receives the appeal.
b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limit, the grievant may appeal to Step 5.
a) Within ten (10) school days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President of the Board, meeting with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee designee, then within ten (10) school days thereafter he or she may file his or her grievance in writing with the Clerk of the Board. Within ten (10) school days after such filing, the aggrieved party and the grievant and/or CTC-YCT Representative shall meet with the Union shall select a mutually acceptable arbitrator. If Board to present the parties are unable to agree on an arbitrator, the parties will then request a list of arbitrators from the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is closed (after all documents and briefs, if any, have been submitted)grievance. The arbitrator’s Board shall inform the aggrieved party and the CTC-YCT president of its decision shall be in writing, and shall set forth findings of fact and recommendations on all issues submittedwithin ten (10) school days following the meeting. The arbitrator shall have no authority to add to, subtract from, or modify the agreement or any provision of it. The recommendations decision of the arbitrator Board shall be final and binding upon binding. Section VI - Miscellaneous In the grievantevent a grievance is filed which might not finally be resolved at Level IV under the time limits set forth herein by the end of the school term, and which if left unresolved until the beginning of the following school term could result in irreparable harm to a party in interest, the UnionBoard shall wherever practicable reduce the time limits set herein so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as practicable. If, in the judgment of the CTC-YCT’s Grievance Committee, a grievance affects a group or class of unit members, the CTC-YCT may submit such grievance in writing to the Superintendent directly, and the District.
c) The cost for the services processing of such grievance shall be commenced at Level III. Decisions rendered at Levels II, III and IV of the arbitrator, including expenses, if any, grievance procedure shall be borne equally in writing setting forth the decision and the reasons therefore and shall be promptly transmitted to all parties in interest and to the President of the CTC-YCT. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents, may be prepared and given appropriate distribution by the District CTC-YCT after approval by the Superintendent so as to facilitate operation of the grievance procedure. Nothing herein contained will be construed as limiting the right of any unit member having a grievance to discuss the matter informally with any appropriate member of the Administration, and having the grievance adjusted without the intervention of the CTC-YCT, provided the adjustment is not inconsistent with the terms of this Agreement or any other agreement between the Board and the UnionCTC-YCT, and that the CTC-YCT has been given the opportunity to be present at such adjustment to state its views or is given notice of such adjustment. Each No reprisals of any kind shall be taken by the CTC-YCT or by the Board or by any member of the Administration against any party will pay for its own advocates and representativesin interest, if anyany CTC-YCT or Board or Administration representative, or any participant in the grievance procedure by reason of such participation. A unit member’s participation in the grievance procedure shall not be publicized outside the District without his or her consent.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. If the aggrieved person is not satisfied with the response at the Superintendent's level, he/she may request that the Board review the decision. Such request must be made within ten (10) days of the Superintendent's written response or within ten (10) days from the latest date on which the Superintendent should have responded under the terms of Level II above, whichever is earlier. The grievant shall present aggrieved shall, at the time of his/her request, provide all information which he/she wishes the Board to consider in reviewing the grievance. The Board shall review the written grievance submission of the aggrieved, together with other documentation relevant to the grievance and shall make a decision within thirty (30) days of the aggrieved's request for Board of Education by letter review. The Board's decision shall be transmitted in writing to the President aggrieved. If the aggrieved person is not satisfied with the decision of the Board. Either party , he/she may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee within five (5) school days of receipt of the Board if mutually agreed, within Board's decision ask the time limit for the Board’s responseAssociation to submit said grievance to arbitration. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within Within twenty (20) working school days after it receives the appeal.
b) Association shall decide whether to file for arbitration. If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision Association fails to file for arbitration within the that time limitperiod, the grievant may appeal to Step 5.
a) grievance shall be deemed abandoned. Within ten (10) school days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President such written notice of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee Board and the grievant and/or the Union Association shall select attempt to agree upon a mutually acceptable arbitratorarbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree on upon an arbitratorarbitrator or are unable to obtain such a commitment within the specified period, the parties will then a request for a list of arbitrators from may be made to the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator so selected shall hear confer with the matter promptly representatives of the Board and the Association and hold hearings promptly. The arbitrator shall issue his/her decision not no later than thirty twenty (3020) calendar days from the date of the hearing is closed (after all documents and briefsclose of the hearings, or if any, oral hearings have been submitted)waived, then from the date the final statements and proofs were submitted to him/her. The arbitrator’s 's decision shall be in writing, writing and shall set forth his/her findings of fact or fact, reasoning, and recommendations conclusions on all the issues submitted. The arbitrator shall have no be without power or authority to add to, subtract from, make any decisions that require the commission of an act prohibited by law or modify which is violative of the agreement or any provision terms of itthis agreement. The recommendations decision of the arbitrator shall be final and binding upon on the grievant, the Union, and the District.
c) parties. The cost for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the District Board and the UnionAssociation. Each Any other expenses incurred shall be paid by the party will pay for its own advocates and representatives, if anyincurring same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. If the aggrieved person is not satisfied with the response at the Superintendent's level, he/she may request that the Board review the decision. Such request must be made within ten (10) days of the Superintendent's written response or within ten (10) days from the latest date on which the Superintendent should have responded under the terms of Level II above, whichever is earlier. The grievant shall present aggrieved shall, at the time of his/her request, provide all information which he/she wishes the Board to consider in reviewing the grievance. The Board shall review the written grievance submission of the aggrieved, together with other documentation relevant to the grievance and shall make a decision within 30 days of the aggrieved's request for Board of Education by letter review. The Board's decision shall be transmitted in writing to the President aggrieved. If the aggrieved person is not satisfied with the decision of the Board. Either party , he/she may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee within five (5) school days of receipt of the Board if mutually agreed, within Board's decision ask the time limit for the Board’s responseAssociation to submit said grievance to arbitration. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within Within twenty (20) working school days after it receives the appeal.
b) Association shall decide whether to file for arbitration. If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision Association fails to file for arbitration within the that time limitperiod, the grievant may appeal to Step 5.
a) grievance shall be deemed abandoned. Within ten (10) school days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President such written notice of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee Board and the grievant and/or the Union Association shall select attempt to agree upon a mutually acceptable arbitratorarbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree on upon an arbitratorarbitrator or are unable to obtain such a commitment within the specified period, the parties will then a request for a list of arbitrators from the American Arbitration Association. If the dispute is submitted may be made to the American Arbitration Association, Association in the Union shall pay the filing fee.
c) selection of an arbitrator. The arbitrator so selected shall hear confer with the matter representatives of the Board and the Association and hold hearings promptly and shall issue his/her his decision not no later than thirty twenty (3020) calendar days from the date of the hearing is closed (after all documents and briefsclose of the hearings, or if any, oral hearings have been submitted)waived, then from the date the final statements and proofs were submitted to him. The arbitrator’s 's decision shall be in writing, writing and shall set forth his findings of fact or fact, reasoning and recommendations conclusions on all the issues submitted. The arbitrator shall have no be without power or authority to add to, subtract from, make any decisions that require the commission of an act prohibited by law or modify which is violative of the agreement or any provision terms of itthis agreement. The recommendations decision of the arbitrator shall be final and binding upon on the grievant, the Union, and the District.
c) parties. The cost for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the District Board and the UnionAssociation. Each Any other expenses incurred shall be paid by the party will pay for its own advocates and representatives, if anyincurring same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. The grievant In the event the case is brought to Stage III, all written statements and records of the case shall present his/her written grievance be submitted to the President of the Board of Education by the Superintendent for formal presentation to the Board of Education at its next regular meeting. If the case is considered sufficiently urgent by letter to the President of the BoardBoard of Education, a special meeting of the Board of Education may be called for the purpose of considering the case. Either Any of the parties concerned may make a written statement or oral statement, under oath, before the Board of Education. If the aggrieved party requests an oral statement before the Board of Education, the Superintendent and the President of the Association will agree on the amount of time for such statement; if they are not able to agree, the aggrieved party may request make an oral statement for a period of time not to exceed 45 minutes. It is understood that the aggrieved party does not have the right to call witnesses or present other persons to make statements at this point in the proceedings. The Board of Education shall then consider these statements and either make a final determination of the case on the record within thirty days or hold a hearing in accordance with procedures outlined below before making its final determination. If the Board holds a hearing, which must it shall render a final decision within thirty days of the conclusion of the hearing. If the Board of Education determines to hold a hearing the hearing shall be held at either by the Board as a regularly scheduled Board meeting, whole or before by a committee of the Board if mutually agreedas the Board shall determine, within provided however that a vote of a majority of all members of the time limit for Board shall be necessary to decide the Board’s responsecase. The Board’s decision report of any committee holding such hearing shall be binding on subject to final action of the grievantBoard and each member of the Board shall be provided with the testimony and evidence of the case before voting. The Board may reject, confirm, or modify the Unionconclusions of the committee, and the District.
a) The Board decision of Education must respond within twenty (20) working days after it receives the appeal.
b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limitshall be final. In all such hearings, the grievant may appeal to Step 5.
a) Within ten (10) days after the decision has been made at Step 4testimony shall be taken under oath, the grievant may submit the grievance to arbitration by notifying which the President of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision Board or provisions chairman of the agreement alleged to have been violated.
b) Within ten (10) days after committee of the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee and the grievant and/or the Union shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator, the parties will then request a list of arbitrators from the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from the date Board conducting the hearing is closed (after all documents and briefs, if any, have been submitted). The arbitrator’s decision shall be in writing, and shall set forth findings of fact and recommendations on all issues submitted. The arbitrator shall have no authority to add to, subtract from, or modify the agreement or any provision of it. The recommendations member of the arbitrator shall be final and binding upon the grievant, the Union, and the District.
c) The cost for the services Board of the arbitrator, including expenses, if any, shall be borne equally by the District and the UnionTrustees is hereby authorized to administer. Each party will pay for may call witness to appear and testify on its own advocates behalf and representatives, if anyall witnesses shall be subject to cross examination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. The If the grievant shall present his/her written is not satisfied with the disposition made by the superintendent, or if no disposition has been made within the above-stated time limits, then the grievant will complete Grievance Report Form, Step III within seven (7) school days after receiving the disposition of the superintendent or their designee or after the above-stated time limits have expired, and submit the grievance to the Board of Education by letter to filing a copy with the President of the Board and the superintendent or, upon mutual written agreement of the Board and the Association, to arbitration before an impartial arbitrator as hereinafter provided. If the grievance is submitted to the Board. Either party may request a hearing, which must be held the Board at a regularly its next regularly-scheduled Board meeting, or before a committee of subsequent meeting as agreed by the Board if mutually agreedgrievant, within the time limit for the Board’s response. The Board’s decision shall be binding on will meet with the grievant, the UnionAssociation representative, and the District.
asuperintendent and/or their designee, to review such grievance in executive session or give such grievance the consideration as it will deem appropriate. The disposition by the Board will be made to the grievant by completing Grievance Report Form, Step III, within seven (7) The days of the meeting. A notification of such disposition will be furnished the grievant, the Association, and the immediate supervisor. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made by the Board within the period above provided, or if the Board and the Association have chosen to instead submit the grievance to arbitration, the grievance may be submitted to arbitration before an impartial arbitrator by the Association's completion of Education must respond Grievance Report Form, Step IV, and filing of same with the Board. If the Association fails to forward to the Board the Grievance Report Form, Step IV, within twenty (20) working school days after it receives of receipt by the appeal.
b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limit, the grievant may appeal to Step 5.
a) Within ten (10) days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President Association of the Board's disposition, with a copy when Step III has been used, then the grievance will be considered waived. If the American Arbitration Association is not notified within thirty (30) days of the notification to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitrationBoard, the Superintendent or his/her designee and the grievant and/or the Union shall select a mutually acceptable arbitratorgrievance will be considered waived. If the parties are unable cannot agree as to agree on an the arbitrator, the parties they will then request a list of arbitrators from be selected by the American Arbitration AssociationAssociation in accordance with its rules, which rules will likewise govern the arbitration proceedings. If Both the dispute Board and the Association will have the right to reject one panel in its entirety and request that a new panel be submitted. Either party has the right to request that any panel that is submitted be limited to members of the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is closed (after all documents and briefs, if any, have been submitted). The arbitrator’s decision shall be in writing, and shall set forth findings National Academy of fact and recommendations on all issues submittedArbitrators. The arbitrator shall will have no authority power to alter, add to, or subtract from, or modify from the agreement or any provision terms of itthis Agreement. The recommendations Board and the Association will not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall will be final and binding upon the grievant, the Union, binding. The Board and the District.
c) The Association will share equally the cost for the services of the arbitrator, including expenses, if any, shall be borne equally by the District and the Union. Each party will pay for its own advocates and representatives, if anyarbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. The grievant shall present his/her written grievance to the Board of Education by letter to the President of the Board. Either party may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee of the Board if mutually agreed, within the time limit for the Board’s response. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within twenty (20) working days after it receives the appeal.
b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limit, the grievant may appeal to Step 5.
a) Within ten (10) days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee and the grievant and/or the Union shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator, the parties will then request a list of arbitrators from the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is closed (after all documents and briefs, if any, have been submitted). The arbitrator’s decision shall be in writing, and shall set forth findings of fact and recommendations on all issues submitted. The arbitrator shall have no authority to add to, subtract from, or modify the agreement or any provision of it. The recommendations of the arbitrator shall be final and binding upon the grievant, the Union, and the District.
c) The cost for the services of the arbitrator, including expenses, if any, shall be borne equally by the District and the Union. Each party will pay for its own advocates and representatives, if any.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. The grievant shall present his/her written grievance to the Board of Education by letter to the President of the Board. Either party may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee of the Board if mutually agreed, within the time limit for the Board’s response. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within twenty (20) working days after it receives the appeal.
b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limit, the grievant may appeal to Step 5.
a) Within ten (10) days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee and the grievant and/or the Union shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator, the parties will then request a list of arbitrators from the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is closed (after all documents and briefs, if any, have been submitted). The arbitrator’s decision shall be in writing, and shall set forth findings of fact and recommendations on all issues submitted. The arbitrator shall have no authority to add to, subtract from, or modify the agreement or any provision of it. The recommendations of the arbitrator shall be final and binding upon the grievant, the Union, and the District.
cd) The cost for the services of the arbitrator, including expenses, if any, shall be borne equally by the District and the Union. Each party will pay for its own advocates and representatives, if any.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. The grievant shall present his/her written In the event the grievance is not resolved at Level I, the administrator may, within seven (7) days after the Superintendent's decision, or within fourteen (14) days after the meeting with the Superintendent, submit the grievance in writing to the Board of Education by letter to the President of the BoardEducation. Either party may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee of the Board if mutually agreed, within the time limit for the Board’s response. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within twenty (20) working days after it receives or its designated committee shall meet with the appeal.
b) If administrator for the purpose of resolving the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limit, the grievant may appeal to Step 5.
a) Within ten (10) days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee and the grievant and/or the Union shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator, the parties will then request a list of arbitrators from the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from after receipt of the date the hearing is closed (after all documents and briefs, if any, have been submitted)grievance. The arbitrator’s Board or its committee shall, within ten (10) days after such meeting, render its decision shall and the reasons therefore in writing to the administrator, with a copy to the Association. In the event a grievance is not resolved at Level II, an administrator may, within five (5) days after the decision, request in writing to the President of the Association or his or her designee that the grievance be submitted to arbitration. The Association may, within five (5) days after receipt of such request, submit the grievance to arbitration by so notifying the Board in writing, and by filing a demand for arbitration under the voluntary labor arbitration rules of the American Arbitration Association, which shall set forth findings act as the administrator of fact the proceedings and recommendations on all issues submittedconduct them in accordance with its administrative procedures, practices and rules. In no event shall the submission to the American Arbitration Association be made no later than ten (10) days following the decision of the Board or the expiration of the time limit for making such decision, whichever occurs first. No administrator may file for arbitration as an individual; only the Association may file an appeal for arbitration hereunder. Notwithstanding the foregoing, nothing in this section shall preclude the parities form mutually agreeing to any arbitrator of recognized qualifications. The arbitrator selected shall confer promptly with the representatives of the Board and Association, shall review the record of the prior meetings, and shall hold such further meetings with the Association and the Board as he or she shall deem appropriate. The arbitrator shall render his or her findings of fact, reasoning, and conclusions on the issues submitted and shall make appropriate compensatory awards when necessary. The arbitrator shall hear and decide only one grievance in each case. He or she shall be bound by and must comply with all the terms of this Agreement. He or she shall not have no authority the power to add to, subtract delete from, or modify in any way the agreement or any provision provisions of itthis Agreement. The recommendations decision of the arbitrator shall be final and binding upon the grievantBoard, the UnionAssociation, and the Districtadministrator affected.
c) The cost for the services of the arbitrator, including expenses, if any, shall be borne equally by the District and the Union. Each party will pay for its own advocates and representatives, if any.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Board of Education. The grievant shall present his/her written grievance to the Board of Education by letter to the President of the Board. Either party may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee of the Board if mutually agreed, within the time limit for the Board’s response. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within twenty (20) working days after it receives the appeal.
b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limitremains unsettled, the grievant may appeal to Step 5.
a) Within Association shall have ten (10) days from the date of the Step 2 answer in which to appeal to the Board for a formal hearing. Such appeal shall be in writing and shall set forth the specific reasons for requesting such hearing. The Board shall schedule the hearing for the earliest possible time, but in any case not later than the next regularly scheduled Board meeting. The grievant shall be present at this hearing, with Association representation, and may examine any evidence offered relative to the grievance and may question witnesses. The Board shall notify the Association of its disposition of the grievance within two (2) weeks after the date of the hearing. The Association shall then have two (2) weeks in which it may appeal the grievance to Step 4. Step 4 - Arbitration:
A) After such hearing, if the grievant and/or Association are not satisfied with the decision has been made at Step 43, and the grievant 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 notifying written notice to the President Board of Education within fifteen (15) school days of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violateddecision at Step 3.
bB) Within ten five (105) school days after the Superintendent receives the such written notice of submission to arbitration, the Superintendent or his/her designee Board of Education and the grievant and/or the Union shall select Association will agree upon a mutually acceptable arbitratorarbitrator competent in the area of the grievance and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree on upon an arbitratorarbitrator or to obtain such a commitment within the specified period, the parties will then a request for a list of arbitrators from the American Arbitration Association. If the dispute is submitted will be made to the American Arbitration Association, Association by either party. The parties will then be bound by the Union shall pay rules and procedures of the filing feeAmerican Arbitration Association in the selection of an arbitrator.
cC) The selected arbitrator shall will hear the matter promptly and shall will issue his/her decision not later than thirty fourteen (3014) calendar days from the date of the hearing is closed (after all documents and briefsclose of the hearing, or, if any, oral hearings have been submitted)waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s 's decision shall will be in writing, writing and shall will set forth his/her findings of fact fact, reasoning and recommendations conclusions on all issues submittedthe issues.
D) 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. The arbitrator shall have no power or authority to add to, subtract from, or modify make any decision other than on grievances based upon specific items contained in the agreement or any provision negotiated Agreement. His/Her authority shall be strictly limited to decisions based on the interpretation of it. the terms of the negotiated Agreement.
E) The recommendations decision of the arbitrator shall be final and binding upon the grievant, the Union, and the Districtall parties.
cF) The cost costs for the services of the arbitrator, including expenses, if any, shall will be borne equally by the District Board of Education and the Union. Each party will pay for its own advocates and representatives, if anyAssociation.
Appears in 1 contract
Samples: Collective Bargaining Agreement