Level Five i. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board.
ii. Within ten (10) school days after such submission for arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator, either shall request the Public Employment Relations Commission to appoint an arbitrator.
iii. The arbitrator shall confer with the representative of the Board and of the Association and shall proceed with a hearing and submit a written report in the shortest possible time setting forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without 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 the Agreement. The decision of the arbitrator shall be advisory only to the Board and the Association.
iv. The costs for the services of the arbitrator, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
v. If time is lost by any teacher due to arbitration proceedings necessitating the retention of a substitute, the Board of Education will pay only the cost of the substitute; the time lost by the teacher must either be without pay or charged to personal time; however, if the arbitrator subpoenas a teacher to attend the arbitration proceedings as a witness, this teacher shall not suffer loss of pay.
vi. Notwithstanding the above, the parties agree that in not more than one (1) arbitration per contract year (non-cumulative) may be submitted to an arbitrator, whose decision shall be final and binding upon both parties. The Association shall have the right to designate which arbitration shall be so binding, provided such designation is made and communicated in writing prior to the commencement of the arbitration in question. The Association's choice shall be limited to a grievance which must have reached Level Two of the grievance procedure in any contract year governed by the agreement.
vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health i...
Level Five a. Within twenty (20) days of receipt of the Board of Education’s decision, the Association may submit the grievance to binding arbitration by providing the Board with written notice of its intent to seek arbitration. Within five (5) days following receipt of notification to seek arbitration, the parties shall meet and attempt to mutually select an arbitrator. However, if the parties are unable to mutually select an arbitrator, he/she shall be selected in accordance with the rules of the American Arbitration Association (AAA). Neither the Board nor the Association shall be permitted to rely on any evidence in the arbitration proceeding if a request to see such evidence has been made by the other party and denied by the Board or the Association.
Level Five. Binding Arbitration (Any grievance filed on or after July 1, 2006)
Level Five. Within twenty (20) days following the Board's response, the grievance may be submitted to binding arbitration. Individual members shall not have the right to submit grievances to arbitration; such right is vested solely with the Association. The selection of an arbitrator and the procedures governing arbitration shall be in accordance with the rules and procedures of the American Arbitration Association. All costs of arbitration shall be borne by the party whose case does not prevail.
Level Five a. In the event the grievance is not satisfactorily resolved at Level Four or if no decision is reached within a ten (10) school day period after completion of Level Four, the grievance shall be immediately transmitted to binding arbitration. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accord with its rules, which likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Level Five. Arbitration
i. If the grievance is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association.
ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration.
iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator.
iv. The arbitrator’s findings shall be submitted in writing to the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed.
v. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise.
vi. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them.
vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement.
viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any o...
Level Five. If the Association and the grievant are not satisfied with the disposition of the grievance by the Board or if no disposition has been made within the period above provided, the grievance may be submitted within ten (10) days after notification in writing to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. His power shall be limited to deciding whether the Board or professional staff has violated the express article or sections of this Agreement. It being understood that any matter not specifically set forth herein remains the reserved rights of the Board. The decision of the arbitrator, if within the scope of his authority, as above set forth, shall be final and binding. The fees and expenses of the arbitrator shall be shared equally by both parties. A grievance may be withdrawn at any level. However, once withdrawn, the grievance may not be submitted to the grievance procedure again unless agreed to by both parties. Decisions rendered at all levels shall be in writing and shall be promptly transmitted to all parties of interest. When transmission is by the employer, the Association President shall be considered to be a party of interest. No reprisals of any kind shall be taken by or against any party of interest or any participant in the grievance procedure by reason of such participation. No documents, communications or records dealing with a grievance shall be filed in the personnel file in the teacher’s record file. Grievances shall be processed outside of regular classroom hours unless otherwise agreed to by the parties. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution.
Level Five. If the Association is not satisfied with the disposition of the grievance by the Board, the Association, may within ten (10) days after receiving the decision from the Board, submit the grievance to arbitration by requesting a list of arbitrators from the American Arbitration Association. The parties shall then be bound by the rules and procedures of the AAA. The Superintendent shall receive a copy of the demand for arbitration. The arbitrator so selected shall confer with representatives of the Board and the Association and hold hearings promptly. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions for the issues submitted. The arbitrator shall be without power or authority to make a decision, which violates the terms of this agreement. The arbitrator shall be without power to add to, delete from, or modify this agreement. He/she shall issue his/her decision no later than thirty (30) calendar days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statement and proofs are submitted. The decision shall be submitted to the Board, the Association and the aggrieved, and shall be binding with respect to grievances involving the alleged violation, interpretation or inequitable application of the expressed provisions of the contract, and shall be advisory with respect to all other matters. The cost for services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.
Level Five. If the Association is not satisfied with the disposition of the grievance at Level Four, it may, within fifteen
Level Five. If the grievance is not resolved in a mutually satisfactory manner within ten (10) days after the Review Committee meets with the Ad Hoc Committee, the Association may submit the grievance to binding arbitration. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator shall be paid by the losing party.
