FORMAL - STEP FOUR. If the Association is not satisfied with the disposition of the grievance at Level Three, or if no disposition has been made within the period above provided, the Association may submit, within ten (10) working days, the grievance to arbitration before an impartial 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. 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 Association and the Employer.
FORMAL - STEP FOUR. If mediation is not completed within four (4) weeks after being requested, either party may file a petition for arbitration with the American Arbitration Association. The Faculty Senate only, and not an individual faculty member, may request arbitration, provided, however, that arbitration shall only be available as to grievances alleging violation, misrepresentation, or misapplication of this Master Agreement. If the mediation process has been completed within four (4) calendar weeks after the date of filing, the request for arbitration must be submitted within five (5) working days after the mediation process has been completed or the mediation has been bypassed. Either party may request a pre-arbitration meeting within the five (5) working day window period following the mediation process to review the mediator’s disposition.
FORMAL - STEP FOUR. In the event the grievant is not satisfied with the disposition of the grievance at Formal Step Three, or if no decision has been rendered within ten (10) days after the hearing by the Board of Education of the grievance, or if the Board elects not to hear the grievance, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Rules of the American Arbitration Association. If the demand for arbitration is not filed within twenty (20) days of the Board’s decision or within twenty (20) days of the date the Board’s decision should have been rendered, the grievance will be deemed to have been withdrawn. The arbitrator shall have no power to alter the terms of this Agreement. The sole power of the arbitrator shall be to determine whether the terms of this Agreement have been violated, misinterpreted or misapplied. The decision of the arbitrator shall be rendered in writing to the Board and the Association and shall be binding on both parties. The cost of the arbitration shall be shared equally between the Board and the Association, including the cost of a transcript if requested by the arbitrator. The grievant shall have the right at any step in the procedure to be represented at all hearings or meetings by a duly authorized representative of his own choosing. The Superintendent and the Board of Education at Formal Steps Two, Three and Four may have the principal and/or an advisory person at any hearings or meetings. If the Association and the Superintendent agree, Formal Step One and/or Formal Step Two of the grievance procedure may be bypassed and the grievance brought directly to the next step. A grievance may be withdrawn at any step without establishing precedent. The Association agrees that it will take not reprisals of any kind against any party in interest, any representative, any member of the Association or any other person for his refusal to participate in the grievance procedure. The Board shall not take any reprisals against any party participating in a grievance. Grievance records shall be stored in the District office and not in the teacher’s personnel file.
FORMAL - STEP FOUR. If the grievance is not resolved satisfactory at Step Three, the grievant and the Association may submit the grievance to final and binding arbitration by an arbitrator from the American Arbitration Association who shall act as the administrator of the proceedings. If a demand for arbitration is not filed with the American Arbitration Association within twenty (20) days of the date that the Step Three answer is received by the Association, unless the parties mutually agree to select a private arbitrator within such time limits, then the grievance shall be deemed withdrawn. Neither party to the grievance will be permitted to assert grounds not previously asserted before the Board. Each party shall be entitled to representation and witnesses. The cost of the arbitrator shall be borne equally between the aggrieved party and the School District. Should either party request a transcript of the proceedings, that party will bear the cost of the transcript. The arbitrator’s decision shall be final and binding upon the parties. The arbitrator shall be without power or authority to make any decision which is contrary to, inconsistent with, or which modifies or varies the terms of this Agreement, or which limits or interferes with the Board’s duties, powers or responsibilities under applicable law. The sole power of the arbitrator shall be to determine if the terms of this Agreement have been violated, misinterpreted or misapplied.
