Fourth Stage. Arbitration
Fourth Stage a. If the complainant is not satisfied with the decision rendered by the Superintendent of Schools, the complainant may, within ten days thereafter, request in writing a review and determination of his/her grievance by the Board of Education. This written request shall be delivered to the District Clerk and shall specify the basis or reasons for his/her dissatisfaction with the Superintendent of School’s decision and the relief sought. A copy of the request shall be given simultaneously to the Superintendent of Schools by the complainant.
b. The Board, within one month of receipt of the appeal, shall fix a date and place for a meeting at which time the complainant may present oral and written statements in support of the complainant's position. At the option of the Board, the meeting may be held before the Board, a committee of the Board, or the School Attorney.
c. Such meeting shall be fixed at a date not more than twenty, and not less than ten days, from the date of mailing of the notice thereof.
d. The Board, its committee, or the School Attorney, shall render a decision in writing within twenty days after the meeting, or any final adjournment or extension thereof, which decision shall be final. The decision shall be made a record of the Board, with a copy furnished to the complainant or his/her representative.
Fourth Stage. In the event that settlement of the grievance is not reached at the Third Stage, the Employer will file a written disposition within five (5) working days. Within five (5) working days of receipt of the third stage disposition, the matter may be referred to arbitration in accordance with the provisions as outlined in Clause 14.10.
Fourth Stage. If the grievance cannot be settled at the third stage, and the grievance involved the interpretation or application of the specific provision of this Agreement, there shall be a fourth stage of impartial arbitration. The Union shall submit in writing, within ten (10) working days of the Superintendent's answer a request to enter into such arbitration.
Fourth Stage. If the grievant and/or the Union is dissatisfied with the decision of the County Executive, the Union may, within twenty (20) working days, submit any grievance under this Agreement to binding arbitration under the rules of the New York State Public Employment Relations Board, at equal expense to both parties. The parties reserve the right to substitute a mutually agreed upon arbitrator, or panel of arbitrators, in lieu of utilizing the New York State Public Employment Relations Board.
Fourth Stage. If the Company’s answer does not dispose of the grievance, then any grievance arising out of the interpretation, application, administration or alleged violation of this Agreement may be referred to Arbitration at the request of either party. If the Union does not give notice of intent to arbitration within ten (10) working days after written receipt of the last answer of the Company, that last answer of the Company will be final and binding on both parties.
Fourth Stage. If the Union is dissatisfied with the decision of the County Executive, the Union may within twenty (20) working days submit any grievance under this Agreement to binding arbitration under the rules of the American Arbitration Association, at equal expenses to both parties. The submission shall include a copy of the original grievance and the responses or decisions at each stage, with a copy of the complete submission to the Commissioner of Human Resources.
Fourth Stage. If the grievance cannot be settled at the third stage, the grievance shall be submitted to the Board of School Inspectors no later than seven (7) business days before its next regularly scheduled meeting unless an earlier or later date is agreed to by all parties. At this stage, the Union shall have the opportunity to present the grievance to the Board. If the grievance is not resolved satisfactorily to the Union after the hearing before the Board (Fourth Stage), there shall be a fifth step of impartial arbitration. The Union may submit in writing, within ten (10) business days of the Board hearing and/or decision, a request to enter into such arbitration. The parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit to them a list of seven (7) arbitrators and their qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such list, the parties shall alternately strike names with the party requesting arbitration making the first strike. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the parties with respect to setting up a time for a hearing. All expenses incurred shall be shared equally by the Board and Union. It is understood that such expenses will be limited to the arbitrator's fee. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and singly to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the findings of the arbitrator. Nothing herein shall, however, be construed to abrogate or deny any of the legal responsibilities of the Board of School Inspectors as required by City, State or Federal laws or regulations, including the right not to re-employ non-tenure teachers for any reason subject only to the specific terms of this contract relating to teacher evaluation procedures and fair practices and any legal statutes applicable. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way any of the terms or conditions of this Agreement.
Fourth Stage. 1. If the Association is not satisfied with the determination of the Board, the matter may then be submitted to binding arbitration by filing an appeal within thirty (30) days of the receipt of the Board decision at Stage Three.
2. The Rules and Procedures of the American Arbitration Association shall be followed in the selection of the arbitrator and in the conduct of arbitration procedure.
3. The cost thereof shall be shared equally by the parties.
Fourth Stage. Within five days of the decision at Stage Three, CSEA may submit the alleged grievance to arbitration by a written notice to the Board of Education. Within ten days after such written notice of submission to arbitration, the Superintendent or the Superintendent’s designee shall agree upon a mutually acceptable arbitrator. If the parties cannot agree upon an arbitrator, a request for a list of arbitrators will be made to the NYS Public Employment Relations Board (PERB) by either party. The parties will then be bound by the rules and procedures of the NYS Public Employment Relations Board (PERB). The selected arbitrator will hear the matter promptly and will issue a decision not later than thirty calendar days from the date of the close of the hearing, or if oral hearings have been waived, then from the date the final statements and proofs are submitted. The arbitrator’s decision will be in writing and will set forth his or her findings of fact, reasoning and conclusions of the issues. The arbitrator shall have no 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. The decision of the arbitrator shall be final and binding on both parties. The costs for the service of the arbitrator including expenses, if any, will be borne equally by the Board of Education and the Association.
