Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period above provided, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service postmark on the envelope in which the notice of appeal is mailed.
1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules of the American Arbitration Association, except to the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedence. Provided, however, that the parties reserve the right to waive or amend any of said rules by mutual agreement of the parties in writing.
2. During arbitration proceedings, neither party shall be permitted to assert any ground nor rely on any evidence not previously raised in writing at least two (2) weeks prior to the arbitration hearing. Provided, however, any ground or evidence first discovered through the course of the opposing parties’ testimony during the arbitration hearing may become part of the arbitration proceedings.
3. No individual shall have the right to appeal a grievance to arbitration without the express written authorization of the Association.
4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition shall be final and binding as to any grievance with regard to any of the following:
a. The termination of any probationary employee, or failure to re-employ any probationary employee during his/her initial fifty (50) working day probationary period.
b. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6.
c. The substantive content of any performance evaluat...
Formal Level 4. If the Association is not satisfied with the decision at Level 3 or if no decision has been made within the period provided in G. above, the Association may submit the grievance to arbitration before an impartial arbitrator. If the Association desires to submit a matter to Arbitration, a petition shall be filed, with a copy to the Employer, within ten (10) days after the Level 3 response. If the parties cannot agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. Neither the Employer nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.
Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Xxxxx 0, or if no disposition has been made by the Board of Education within seven (7) days after the grievance has been heard, the Association may submit the grievance to mediation before an impartial mediator by filing for mediation with the Michigan Employment Relations Commission within seven (7) working days after the Board’s answer or the due date for the Board’s answer. The mediator shall be appointed by the Michigan Employment Relations Commission. Neither the Employer nor the Association shall be permitted to assert in such mediation preceding any ground or to rely on any evidence not previously disclosed to the other party.
Formal Level 4. If the Association is not satisfied with the disposition of the grievance by the Board of Education at Level 3, within ten (10) days of receipt of the Level 3 response , the Association may submit the grievance to mediation before an impartial mediator. The mediator shall be appointed by the Michigan Employment Relations Commission in accord with its rules, which shall likewise govern the mediation process. Neither the employer nor the Association shall be permitted to assert in such mediation proceeding any ground or to rely on any evidence not previously disclosed to the other party.
Formal Level 4. If the Union is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period provided above, the Union may submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator, then the arbitrator shall be selected by the American Arbitration Association (AAA) in accordance with its rules which shall likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator, and that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator shall be shared equally by the Union and the Employer.
Formal Level 4. (a) If the Union is not satisfied with the disposition of the grievance at Xxxxx 0, or if no disposition has been made within the period above provided, the Union may, within twenty (20) work days thereafter, submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) work days following submission at Xxxxx 0, the Union may appeal the matter to the American Arbitration Association with a request for appointment of an arbitrator. Rules of the American Arbitration Association shall govern the arbitration proceeding. Neither the Employer nor the Union shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.
(b) The arbitrator shall have authority and jurisdiction only to interpret and apply the provisions of this Agreement insofar as shall be necessary to the determination of the merits of such grievance, but shall not have jurisdiction or authority to add to, to detract from or alter in any way the provisions of this Agreement. The arbitrator shall have no authority to consider or adjust any grievance not presented within the time limits above provided. Arbitrators shall have no authority to substitute their judgment for that of the Board as to the reasonableness of any practice, policy, rule, or other action taken by the Board, provided such practice, policy, rule or action is not contrary to the express terms of this Agreement. Bargaining unit members are required to follow this grievance/arbitration procedure as the sole remedy for alleged violation of this Agreement by the Employer and may not process such grievance, or litigate the issues underlying or relating to such grievance, through any administrative or judicial procedure. The arbitrator shall have no jurisdiction or authority concerning any claim or complaint filed pursuant to any administrative or judicial procedure until such action has been effectively withdrawn. The arbitrator shall have no authority whatsoever to consider or adjust any grievance concerning extension of a probationary employee's probationary period, or concerning layoff or dismissal of any probationary employee. Subject to the limitations herein specified, the decision of the arbitrator shall be final and binding.
(c) The fees and expenses for the arbitrator shall be shared equally between the District and the Association.
Formal Level 4. If the grievance remains unresolved at the conclusion of Level 3, it may be submitted for arbitration at the request of the Association provided written notice of the request for submission to arbitration is delivered to the Superintendent within the ten (10) days after the date of the decision under Level 3. Following the written notice of request for submission to arbitration, the Association representative and a representative of the Board shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the date of the request for submission to arbitration, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. The Association must file for arbitration within five (5) days from the date when the parties failed to select an arbitrator.
Formal Level 4. (a) If the Association proceeds to advisory arbitration, it shall notify the District in writing. The District and the Association shall then jointly request a list of five arbitrators from the California Conciliation Service. The District and the Association shall then alternately strike names from that list and the person remaining shall be selected as the arbitrator.
(b) The arbitrator's decision will be in writing and will set forth the findings of fact, reasoning and conclusions 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 violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be advisory upon the parties. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance.
(c) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, his/her travel and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association, except if Board overturns recommendation it shall bear all costs. All other costs, except for released time for the grievant(s), Association representative(s) and witnesses will be borne by the party incurring them.
(d) If any question arises as to the arbitrability of the grievance, the answer shall be determined by the arbitrator.
Formal Level 4. 6.3.7.1 The parties shall jointly request that the California State Mediation and Conciliation Service provide a list of seven (7) names of arbitrators. The parties shall alternately strike the names of the arbitrators on the list until only one (1) remains, who shall serve as the arbitrator. The order of striking shall be determined by lot.
6.3.7.2 The arbitrator shall be without any authority to modify, change or alter the terms of this Agreement.
6.3.7.3 All costs for the services of the arbitrator, including but not limited to per diem expenses, travel and subsistence expenses, and the cost of any hearing room, shall be borne equally by the District and the Association. The proceeding shall be recorded by a certified reporter, and the cost for this service shall be borne equally by the District and the Association. All other costs shall be borne by the party incurring them.
6.3.7.4 The decision of the arbitrator shall be binding on the parties.
Formal Level 4. If a matter is not resolved at the Board committee level, the Union shall, within ten (10) workdays from the decision by the Board committee, notify the superintendent in writing of the Union's intent to pursue the grievance to mediation. Mediation shall be scheduled with the State Mediator through MERC at the mediator’s convenience.
