Common use of COMPARABILTY PROCEDURE Clause in Contracts

COMPARABILTY PROCEDURE. If the Board intends, because of the “comparable evaluations” provision of Section 3319.17 of the Ohio Revised Code, to deviate from seniority in suspending a bargaining unit member’s contract, the Board will give the Association President advance written notice of such intent. Representatives of the Association and the Board shall meet and confer within fourteen (14) days in an effort to clarify and agree on the specific scope of any such deviation; if the parties are unable to agree, and the member(s) adversely affected by the Board’s intended deviation from seniority wishes to challenge the deviation, the parties shall (notwithstanding Article III of this Agreement) promptly submit the dispute to binding arbitration under the American Arbitration Association’s Expedited Labor Arbitration Rules for a determination of whether the Board’s intended deviation is proper under the statute’s “comparable evaluations” requirement. In any arbitration under this Article, it is mutually recognized and agreed that (A) the arbitrator is to focus on the comparability of evaluations in light of applicable law, and (B) the arbitrator is deciding only the specific case before him/her on a non-precedent basis for other cases that may arise.