Four - Arbitration a. If the grievant is not satisfied with the disposition of the grievance at Step Three, the teacher may ask the Association to refer the grievance to arbitration.
b. If the Association decides to have the grievance arbitrated, it must inform the District of its intent in writing within fourteen (14) days after the date of the answer at Step Three.
c. Following the written notice of intent to submit to arbitration, the Association and a representative of the Board shall attempt to select an arbitrator, by using the most current AAA selection rules.
d. The Association and the District will mutually determine who has the responsibility for notifying the selected arbitrator, securing available dates, place of the hearing and any other administrative matters.
e. The arbitrator shall hear the grievance in dispute and render a decision in writing within thirty (30) days after the close of the hearing or, if briefs are filed, within thirty (30) days after the date for filing. The decision shall be final and binding upon the District, the Association and its members, and the teacher involved.
f. The arbitrator's fees and expenses shall be shared equally by the parties.
(1) It will be the general practice of all parties in interest to process grievances during times which do not interfere with assigned duties; provided, however, in the event it is mutually agreed by the aggrieved, the Association, and the District to hold proceedings during regular working hours, teachers participating in arbitration, on their own behalf or on behalf of the Association, will be released from assigned duties without loss of salary.
(2) The expenses and compensation for attendance of any employees, witnesses, or participants in the arbitration shall be paid by the party calling such employees, witnesses, or such participants.
g. The arbitrator's authority shall be limited to deciding whether the District has violated, misinterpreted, or misapplied any of the expressed provisions of this Agreement. The arbitrator shall not have the power or authority to supplement, enlarge, diminish, or alter the scope or meaning of this Agreement.
h. The retroactivity of any award issued by the arbitrator is not to be for a period of time exceeding thirty (30) days prior to the original filing date of the grievance, except that grievances relating to pay may be retroactive to the start of the school year in which the violation of the provisions of the Agreement occurred.
Four - Arbitration. A panel of Arbitrators are to serve to hear timely appeals to Step Four (4). Such Arbitrators shall be mutually selected by the Union and the Employer. After the expiration of the one hundred eighty (180) calendar day period following appointment of the Arbitration Panel, if any Arbitrator who has been appointed to the panel becomes unacceptable to either or both of the parties, appropriate written notice shall be sent to the Arbitrator and the other party, and he/she shall thereupon conclude his/her services. In addition to the agreed upon compensation to be paid for such services, the Arbitrator shall be entitled to necessary travel expenses incurred in connection with the performance of his/her arbitration duties. An Arbitrator's services shall be deemed concluded when he/she has rendered decisions on any grievances pending that have already been heard by him/her. The parties shall agree to a method for scheduling arbitration cases before individual Arbitrators on the panel. Scheduling meetings shall be held at least semi-annually, but not later than June 1 and December 1 of each year. If no agreement is reached, the Arbitrator shall be selected under the rules of the American Arbitration Association. When an Arbitrator is not available from the panel and unless agreement has already been reached on any preferred method of selection, the Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association. The Federal Mediation and Conciliation Service or Michigan Employee Relations Commission may be used by mutual agreement. Unless agreement is reached otherwise, the arbitration hearing shall be conducted pursuant to the rules of the American Arbitration Association. The expenses and fees of the Arbitrator and the cost of the hearing room, if any, shall be shared equally by the parties to the arbitration. The expenses of a court reporter shall be borne by the party requesting the reporter unless the parties agree to share the cost. The Arbitrator shall only have authority to adjust grievances in accordance with this Agreement. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant the Union or the Employer any rights or privileges which were not obtained in the negotiation process. The authority of the Arbitrator shall rema...
Four - Arbitration. If the grievance remains unresolved at the conclusion of Step Three, it may be submitted for binding arbitration at the request of the Federation, provided written notice of the request for submission to arbitration is delivered to the Superintendent within nine calendar days after the date of receipt of the Superintendent's written decision at Step Three. Within seven calendar days after the date of the written notice to the Superintendent, the Federation must file a request for arbitration with the American Arbitration Association, or the grievance is closed. The arbitrator must then be selected according to the rules of the American Arbitration Association. The case shall be heard and presented in accordance with the rules of the American Arbitration Association. The arbitrator shall hear the grievance, if within the arbitrator's power, and shall render a decision in writing within thirty days from the close of the hearing. The arbitrator's decision shall be submitted in writing and shall set forth the arbitrator's findings and conclusions with respect to the issues submitted to arbitration.
Four - Arbitration a. If the grievant is not satisfied with the disposition of the grievance at Step Three, the teacher may ask the Association to refer the grievance to arbitration.
b. If the Association decides to have the grievance arbitrated, it must inform the District of its intent in writing within fourteen (14) days after the date of the answer at Step Three.
c. Following the written notice of intent to submit to arbitration, the Association and a representative of the Board shall attempt to select an arbitrator, by using the most current AAA selection rules.
d. The Association and the District will mutually determine who has the responsibility for notifying the selected arbitrator, securing available dates, place of the hearing and any other administrative matters.
e. The arbitrator shall hear the grievance in dispute and render a decision in writing within thirty (30) days after the close of the hearing or, if briefs are filed, within thirty
Four - Arbitration i. If the aggrieved is not satisfied with the decision of the Board, the Union shall within ten
Four - Arbitration. If the grievant is not satisfied with the decision of the Board and if the grievance is a contract grievance, the Association shall within ten (10) days of completion of Step Three procedures submit written notice of intent to arbitrate the issue to the Superintendent.
a. Within ten (10) days of District receipt of written notification from the Association of their desire to arbitrate the grievance, the parties will meet and attempt to select an arbitrator and obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten (10) day period, a request for a list of seven (7) arbitrators who maintain an office, only charge from the Oregon border, or reside within the State of Oregon may be made by either party to the State Mediation and Conciliation Service. Within ten (10) days of receipt of such list, the parties shall alternately strike names from the list (the party to strike the first name will be determined by a coin flip) until only one name, which shall be designated as the arbitrator, remains. The parties shall jointly notify the arbitrator of his/her selection.
b. The designated arbitrator shall set a time and place for hearing which is agreeable to both parties. Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided that it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. The arbitrator shall have the authority to consider only a claim based upon a specific provision of this Agreement, and shall have no authority to add to, modify, or detract from this Agreement. Any decision of the arbitrator within the scope of this Agreement shall be final and binding upon the parties.
c. The Association and District shall work collaboratively to schedule witnesses for hearings, to minimize impact on the classroom. The District shall pay the substitute costs for two witnesses, for up to two days, selected by the Association. The Association and District may, upon mutual agreement, allow for the time to be used in hourly increments, up to a maximum of sixteen (16) hours. Any additional witnesses called by the association...
Four - Arbitration. 165 1. Invocation - Within ten (10) days after receipt of the previous 166 decision, or within twenty (20) days of the previous step hearing if no 167 response is forthcoming, the Union may invoke arbitration by filing a 168 request for arbitration with the Federal Mediation and Conciliation Service 169 (FMCS) and by delivering a copy of the request indicating their intentions 170 to the Superintendent or designee in person or via certified mail, return 171 receipt requested. 172 2. Arbitrator - The FMCS shall furnish a panel of seven (7) names. 173 Within five (5) days of receipt of the panel from the FMCS, either party 174 shall have the right to reject the first list provided before the striking out of 175 names occurs. Upon rejection of the first list, either party may request a 176 second panel of seven (7) names from the FMCS. Within five (5) days of 177 receipt of the second list from the FMCS, the parties shall meet to select 178 an arbitrator from the list by alternately striking three (3) names each, thus 179 leaving the seventh who shall be the impartial arbitrator. The parties shall 180 then promptly notify the FMCS and the selected arbitrator of his selection 181 and shall confer about appropriate dates for the hearing(s).
Four - Arbitration. 1. Invocation - Within ten (10) days after receipt of the previous decision, or within twenty (20) days of the previous step hearing if no response is forthcoming, the Union may invoke arbitration by filing a request for arbitration with the Federal Mediation and Conciliation Service (FMCS) and by delivering a copy of the request indicating their intentions to the Superintendent or designee in person or via certified mail, return receipt requested.
2. Arbitrator - The FMCS shall furnish a panel of seven (7) names. Within five (5) days of receipt of the panel from the FMCS, either party shall have the right to reject the first list provided before the striking out of names occurs. Upon rejection of the first list, either party may request a second panel of seven (7) names from the FMCS. Within five (5) days of receipt of the second list from the FMCS, the parties shall meet to select an arbitrator from the list by alternately striking three (3) names each, thus leaving the seventh who shall be the impartial arbitrator. The parties shall then promptly notify the FMCS and the selected arbitrator of his selection and shall confer about appropriate dates for the hearing(s).
Four - Arbitration. If the appealing party is not satisfied with the disposition of the grievance by the Board of Education, and determines to appeal to arbitration, then within ten (10) working days from the date of receipt of the answer given by the Board of Education, the grievance must be submitted to arbitration but only by the Association (an individual employee may not appeal to arbitration). The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot mutually agree within five (5) days, then the arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration procedure.
Four - Arbitration a) Failing settlement at Step No. Three regarding the interpretation, application or alleged violation of any of the provisions of this agreement, including any questions as to whether a matter is arbitrable, such grievance may be submitted to arbitration, providing it has been properly processed under Article 7.
b) A request for arbitration shall be made in writing and addressed to the other party to this agreement; the notice shall include the nominee's name and mailing address. Within five (5) working days thereafter the other party shall answer in writing indicating the name, and mailing address of its nominee to the arbitration board. The two appointees shall within seven (7) working days attempt to select a chairperson. If the two (2) appointees are unable to agree upon such a Chairperson they shall then request the Minister of Labour for the Province of Ontario to appoint the Chairperson.
c) The Board of Arbitration shall not have jurisdiction to alter, enlarge, modify or amend the provisions of this agreement, nor to make any decision inconsistent therewith.
d) The unanimous or majority decision and in the absence of a unanimous or majority decision, the Chairperson's decision in writing of the Arbitration Board with respect to the matters coming within the jurisdiction of the Board, shall be final and binding upon the parties hereto and the employees.
e) No person may be appointed as an arbitrator who has been involved in processing the grievance.
f) Each of the parties hereto will bear the expense of the Arbitrator appointed by it and the Parties will jointly bear the fees and expenses of the Chairperson of the Arbitration Board.
