Fourth Stage. Arbitration Every effort should be made to resolve the complaint internally; however, if the complaint is not resolved at the third stage, it may be appealed to an arbitrator by the International Union or Company for final and binding resolution. The complaint shall be heard by an arbitrator to be selected under the rules of the American Arbitration Association or Federal Mediation and Conciliation Service. The Company and the arbitrator must be notified in writing of the intent to appeal to arbitration within thirty (30) calendar days of the Company’s written response to the third stage meeting. All fees and expenses of arbitration, including arbitration’s fees, transcripts, etc., shall be shared equally by the Company and the Union. The arbitrator selected shall have the authority only to settle disputes arising under this Agreement concerning the interpretation and application of the Agreement to the facts of the particular grievance involved. The arbitrator shall have no power to add to, subtract from, or modify this Agreement or any supplement to it. He shall have no power to establish or change any wage or rate of pay. There shall be no appeal from an arbitrator’s decision unless the arbitrator exceeds his/ her authority as stated in this agreement. It shall be final and binding on the Union, its members, the employee or employees involved, and the Company.
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.
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. The parties shall jointly request the American Arbitration Association to submit to them a list of five (5) arbitrators names and qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such list, the party requesting arbitration shall strike two names and the other party shall then strike two names. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his/her selection and requested to contact the parties with respect to setting up a time for a hearing.
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) 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. FIFTH STAGE: 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) 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. If the grievant is not satisfied with the third stage reply, he/she may process his/her grievance to the fourth and final stage, consisting of the Board of Education of the District, by referring his/her grievance to the Board through the Clerk of the District within five (5) working days of the receipt of the third stage reply. The Board will, within thirty (30) days of the receipt of such grievance, ar- range a meeting with all prior parties of interest to evidence to hear the griev- ance. The Board will take into account all evidence and argument theretofore presented by both parties. The Board will then render, as soon as practical, but not later than 30 days, a final decision, in writing, of the grievance. The Board will state in its reply the basis for its decision.
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 a. If the Association is not satisfied with the decision made by the Board or its subcommittee, the Association, may, within 10 days after the decision, submit the grievance to arbitration pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association, if it is not excluded as a grievance, as the term is defined in Section A.3. of this Article. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
b. 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 violation of the terms of this Agreement.
c. The decision of the arbitrator shall be final and binding.
d. The cost of the services of the arbitrator shall be shared equally by the Board and the Association. Procedure When Board is Grievant The Board may grieve only when it alleges a violation of the no-strike clause of this Agreement and in that event, stages one, two and three are to be omitted and such grievance shall in the first instance be dealt with in discussion between the Board, or the Superintendent, and the Association. If such discussion does not result in a mutually satisfactory resolution of the grievance, the Board may, within 10 days after the discussion, submit the grievance to arbitration in accordance with section D.4. of this Article.
