Common use of Four - Arbitration Clause in Contracts

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. 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. If mutual agreement on the selection of an arbitrator cannot be reached within fourteen (14) days after date of the notice to submit to arbitration, by using the most current AAA selection rulesAmerican Arbitration Association shall be requested to provide the names of five (5) arbitrators. Both the Board and the Association, in that order, shall have the right to strike a name until only one remains, the one remaining to be the arbitrator. 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. If the grievant is not satisfied with grievance remains unresolved after Step 3, the disposition Union may notify the University, within twenty (20) working days that the grievance will proceed to arbitration. The filing party shall request a list of seven (7) potential arbitrators from the Oregon Employment Relations Board. Upon receipt of the grievance at Step Threelist of names, 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 parties shall alternately strike names until one name remains. The final name shall be that 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 arbitrator 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 filinggrievance. The decision party making the first strike will be determined by a coin toss. Decisions or awards rendered by the arbitrator shall be final and binding upon the District, the Association and its members, and the teacher involved. f. Parties. The arbitrator's fees and expenses shall be equally shared equally by between 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 AgreementParties. The arbitrator shall first decide the issue to be arbitrated. Second, the arbitrator's jurisdiction shall be decided. If the arbitrator's jurisdiction/arbitrability of the matter is in dispute between the Parties, the arbitrator shall hear the arguments from Parties on the arbitrability question before deciding whether the arbitrator does or does not have jurisdiction to hear the merits of the case. Once the arbitrator has made a decision regarding the arbitrability of the case, that decision shall be announced. Should the arbitrator determine that they have jurisdiction over the matter, the arbitrator may normally proceed with a hearing on the merits of the case. Should the arbitrator determine that they do not have jurisdiction over the matter, the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue without the mutual agreement of the Parties. Neither Party shall be obligated to the cover the cost of a reporter or transcript. However, if the arbitrator requests that a transcript be made of the hearing, then the costs of the transcript shall be considered a cost of the arbitration. The arbitrator shall have no authority to add to, subtract from or modify the terms of the contract. The arbitrator shall refrain from issuing any statement, opinion, or conclusions not essential to determination of the issue submitted. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the power or authority to supplementdirect that a bargaining unit member be reappointed, enlarge, diminishpromoted, or alter awarded employment. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the scope or meaning powers, duties, and responsibilities of the University and the Board that have not been expressly limited by 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.