Common use of Level Five - Arbitration Clause in Contracts

Level Five - Arbitration. a. If the Association is not satisfied with the disposition of the grievance at Level Four, the Association may, within five (5) days of the conclusion of FMCS mediation, submit the grievance to binding grievance arbitration. A copy of that submission shall be provided to the Superintendent. b. A request for a list of nine (9) arbitrators (with a maximum of two additional lists) shall be made to the American Arbitration Association by the Association. Selection from the first two lists shall be made in accordance with AAA rules. Selection from the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules"). c. The arbitrator so selected will confer with the representatives of the Superintendent and the Association and hold hearings promptly and shall issue his/her award not later than thirty (30) days from the conclusion of the hearings. The arbitrator's written award shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power to make any award contrary to law or to alter, rescind, or modify any provision of the bargaining contract. The award of the arbitrator shall be submitted to the Superintendent, the Association and the Board of Education. d. The costs for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and subsistence expenses and the cost of any hearing room, will be borne by the losing party. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All other costs will be borne by the party incurring them.

Level Five - Arbitration. a. If the Association aggrieved person is not satisfied with the disposition of the grievance at Level Fourby the Board, or if no disposition has been made within the time limits, the aggrieved person and the Association may, shall meet within five (5) school days of disposition of the conclusion grievance to discuss the merits of FMCS mediation, submitting the grievance to arbitration. b. If the aggrieved person or Association determines that the grievance is meritorious it may submit the grievance to binding grievance arbitration. A copy of that submission shall be provided arbitration within five (5) school days. c. Within ten (10) school days after written notice to the Superintendent. b. A Board of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a written request for a list of nine (9) arbitrators (with a maximum of two additional lists) shall be made to the American Arbitration Association Federal Mediation and Conciliation Service by either party. The list shall consist of three arbitrators and the Association. Selection parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two lists (2) school days, and the other party shall have one (1) additional school day to remove one of the two remaining names. The person whose name remains shall be made in accordance with AAA rules. Selection from the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules")arbitrator. c. d. The arbitrator so selected will shall confer with the representatives of the Superintendent Board and the Association and hold hearings promptly and shall issue his/her award a decision not later than thirty fifteen (3015) school days from the conclusion date of the hearingsclose of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's written award decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any award contrary to decision which requires the commission of an act prohibited by law or to alter, rescind, or modify any provision which is in violation of the bargaining contractterms of this agreement. The award decision of the arbitrator shall be submitted to the Superintendent, Board and the Association and shall be final and binding on the Board of Educationparties. d. e. The costs for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and travel, subsistence expenses and the cost of any the hearing room, will room shall be borne equally by the losing partyBoard and the aggrieved person. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All Any other costs will expenses incurred shall be borne paid by the party incurring themsame.

Level Five - Arbitration. a. If the Association aggrieved person is not satisfied with the disposition relief of the grievance said complaint at Level Fourlevel four or if no decision has been rendered within ten (10) school days after presentation, the Association may, (s)he may within five (5) school days of after a decision by the conclusion of FMCS mediationBoard or fifteen (15) school days after the complaint was filed with the Board, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to binding grievance arbitration. A copy arbitration within fifteen (15) school days after receipt of that submission shall be provided to a request by the Superintendentaggrieved person. b. A Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of nine (9) arbitrators (with a maximum of two additional lists) shall may be made to the American Arbitration Association Public Employment Relations Commission (PERC) by either party. The parties shall then be bound by the Association. Selection from rules and procedures of PERC in the first two lists shall be made in accordance with AAA rules. Selection from the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules selection of American Arbitration Association (hereinafter referred to as the "AAA rules")an arbitrator. c. The arbitrator so selected will shall confer with the representatives of the Superintendent Board and the Association and Association, hold hearings promptly promptly, and shall issue his/her award decision not later than thirty twenty (3020) days from the conclusion date of the close of the hearings. If oral hearings have been waived, the arbitrator shall issue final statements and proofs on the issues which were submitted to him/her. The arbitrator's written award decision shall be in writing and shall set forth fort his/her findings of fact, reasoning, and conclusions on the issues issue submitted. The arbitrator shall be without power or authority to make any award contrary to law or to alter, rescind, or modify any provision decision which is in violation of the bargaining contractterms of this Agreement. The award decision of the arbitrator shall be submitted to the Superintendent, Board and the Association and shall be final and binding on the Board of Educationparties. d. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The arbitrator can add nothing to nor subtract anything from the Agreement between the parties. e. The costs for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and subsistence expenses and the cost of any the hearing room, will shall be borne equally by the losing partyBoard and the Association. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All Any other costs will expenses incurred shall be borne paid by the party incurring themsame.

Level Five - Arbitration. a. a) If the Association is aggrieved party/parties is/are not satisfied with the disposition of the grievance at Level Four, the Association may, or if no decision has been rendered within five ten (510) work/school days of the conclusion of FMCS mediationhearing, the Union may submit the grievance to binding grievance arbitration. A copy of that submission shall be provided to the Superintendentarbitration within fifteen (15) work/school days. b. A b) Within ten (10) work/school days after such written notice of submission to arbitration, the Board and the Union shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator to obtain such a commitment within the ten (10) days, a request for a list of nine (9) arbitrators (with a maximum of two additional lists) shall may be made to the American Arbitration Association Public Employment Relations Commission (P.E.R.C.) by either party. The parties shall then be bound by the Association. Selection from rules and procedures of P.E.R.C. in the first two lists shall be made in accordance with AAA rules. Selection from selection of the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules")arbitrator. c. c) The arbitrator so selected will shall confer with the representatives representative of the Superintendent and the Association Board and hold hearings promptly and shall issue his/her an award as soon as possible after close of hearing, but not later more than thirty forty-five (3045) days from thereafter or such other time for date of award that the conclusion of the hearings. The arbitrator's written award shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power fix upon written notice to make any award contrary to law or to alter, rescind, or modify any provision of the bargaining contractparties. The award of the arbitrator shall be submitted in writing and served simultaneously on the parties, with a copy to the SuperintendentPublic Employment Relations Commission. The arbitrator may, upon mutual agreement of the Association and parties, submit the award without written opinion. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited or which is in violation of the terms of the Agreement, any applicable Board of Educationpolicy, federal or state law or the public interest. d. d) The costs decision of the arbitrator regarding the violation, interpretation or application of this Agreement shall be advisory and shall not be reviewable by the Public Employment Relations Commission or in any other judicial proceeding. e) The cost for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and travel, subsistence expenses expenses, and the cost of any the hearing room, will room shall be borne equally by the losing partyBoard and the Union. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All Any other costs will expenses incurred shall be borne paid by the party incurring themsame. f) After review and consideration, the Board shall accept or reject the advisory decision of the Arbitrator at its next regular meeting and shall notify the Union of its decision in writing within five (5) days of its decision. g) If, during the life of this Agreement, the Board rejects two

Level Five - Arbitration. a. a) If the Association is aggrieved party/parties is/are not satisfied with the disposition of the grievance at Level Four, the Association may, or if no decision has been rendered within five ten (510) work/school days of the conclusion of FMCS mediationhearing, the Union may submit the grievance to binding grievance arbitration. A copy of that submission shall be provided to the Superintendentarbitration within fifteen (15) work/school days. b. A b) Within ten (10) work/school days after such written notice of submission to arbitration, the Board and the Union shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator to obtain such a commitment within the ten (10) days, a request for a list of nine (9) arbitrators (with a maximum of two additional lists) shall may be made to the American Arbitration Association Public Employment Relations Commission (P.E.R.C.) by either party. The parties shall then be bound by the Association. Selection from rules and procedures of P.E.R.C. in the first two lists shall be made in accordance with AAA rules. Selection from selection of the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules")arbitrator. c. c) The arbitrator so selected will shall confer with the representatives representative of the Superintendent and the Association Board and hold hearings promptly and shall issue his/her an award as soon as possible after close of hearing, but not later more than thirty forty-five (3045) days from thereafter or such other time for date of award that the conclusion of the hearings. The arbitrator's written award shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power fix upon written notice to make any award contrary to law or to alter, rescind, or modify any provision of the bargaining contractparties. The award of the arbitrator shall be submitted in writing and served simultaneously on the parties, with a copy to the SuperintendentPublic Employment Relations Commission. The arbitrator may, upon mutual agreement of the Association and parties, submit the award without written opinion. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited or which is in violation of the terms of the Agreement, any applicable Board of Educationpolicy, federal or state law or the public interest. d. d) The costs decision of the arbitrator regarding the violation, interpretation or application of this Agreement shall be advisory and shall not be reviewable by the Public Employment Relations Commission or in any other judicial proceeding. e) The cost for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and travel, subsistence expenses expenses, and the cost of any the hearing room, will room shall be borne equally by the losing partyBoard and the Union. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All Any other costs will expenses incurred shall be borne paid by the party incurring themsame. f) After review and consideration, the Board shall accept or reject the advisory decision of the Arbitrator at its next regular meeting and shall notify the Union of its decision in writing within five (5) days of its decision. g) If, during the life of this Agreement, the Board rejects two (2) Advisory Arbitrator’s decisions, then the decision of the Arbitrator in the third, and each subsequent grievance, shall be binding and conclusive on both parties. The procedure set forth in paragraphs (a) through (e) of this Article V, Level Five, shall govern binding arbitration, except that all references to advisory arbitration contained therein shall refer instead to binding arbitration. h) In no event, whether the arbitration be advisory or binding, shall the Arbitrator have authority to modify, alter, amend or add to the terms of this Agreement.

Level Five - Arbitration. a. If A dispute or disagreement involving the Association is not satisfied with the disposition interpretation or application of specific provisions of this Agreement may be submitted to binding arbitration when all steps provided for in the grievance at Level Fourprocedure have first been exhausted by both parties, and when the Association may, within five issue involves the interpretation or application of a specific provision of this Agreement. a. Within ten (510) days of receiving a copy of the conclusion of FMCS mediationBoard’s grievance decisions, the grievant may request in writing that the Association submit the grievance to binding grievance arbitration. A copy of that submission shall be provided to the Superintendent. b. A The parties shall attempt to reach mutual agreement on the choice of an arbitrator. Failing to do so, the Association shall request for a list of nine seven (97) arbitrators (with a maximum of two additional lists) be submitted to the parties by the Employment Relations Board, and an arbitrator shall be made to chosen by alternatively striking names from the list. The parties shall then be bound by the rules and procedures of the American Arbitration Association by the Association. Selection from the first two lists shall be made in accordance with AAA rules. Selection from the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules"). c. The arbitrator so selected will shall confer with the representatives of the Superintendent Board and the Association and hold hearings promptly and shall issue his/her award not his decision no later than thirty (30) days from the conclusion date of the close of the hearings. , or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. d. The arbitrator's written award ’s decision shall set forth his/her findings of fact, reasoning, and conclusions be in writing on the issues submitted. The arbitrator shall be without power or authority to make any award contrary to decision which requires the commission of an act prohibited by law or to alter, rescind, or modify any provision which is violative of the bargaining contractterms of this Agreement. The award arbitrator shall not add to, subtract from, modify or amend any terms of this Agreement, nor shall any obligations be imposed on the Association or the District not expressly agreed to by the terms of this Agreement. The decision of the arbitrator shall be submitted to the Superintendent, Board and the Association and shall be final and binding on the Board of Educationparties. If the arbitrator exceeds the arbitrator’s authority, any award granted shall be declared null and void. d. e. The costs for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and travel, subsistence expenses and the cost of any the hearing room, will room shall be borne equally by the losing partyBoard and the Association. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All Any other costs will expenses incurred shall be borne paid by the party incurring themsame.

Level Five - Arbitration. a. If In the Association event a grievance is not satisfied with the disposition of the grievance resolved at Level Four, the Association may, may request arbitration within five ten (510) days of receipt of the conclusion of FMCS mediation, submit the grievance to binding grievance arbitrationBoard’s decision. A copy written notice of that submission intent to arbitrate shall be provided made by delivery to the Superintendent. b. A Within ten (10) days after such written notice of submission to arbitration, the Superintendent and the grievant shall attempt to mutually agree upon an arbitrator and to obtain a commitment from such arbitrator to serve. If within the ten (10) day period the parties are unable to agree upon an arbitrator, a request for a list of nine (9) seven arbitrators (with a maximum of two additional lists) shall be made to the American Arbitration Association (AAA) by the Association. Selection from the first two lists shall be made in accordance with AAA rules. Selection from the third list, if necessary, shall be made by alternate strikeeither party. The arbitration parties shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules")equally split administration fees assessed by AAA. c. Within ten (10) days of the receipt of the list, each party shall alternately strike names from the list and the name remaining shall be the arbitrator. In striking names, the Association shall strike first. d. Neither party shall be permitted to introduce evidence which was not submitted to the other party before the completion of Level Four meetings unless the arbitrator determines that the evidence was not available or known to the party offering the evidence before the completion of the Level Four meetings. If new evidence is admitted to the arbitration proceedings, a reasonable continuance of the arbitration hearing may be granted by the arbitrator if requested by the adverse party to respond. e. Arbitration shall comply with the rules of the American Arbitration Association. All hearings held by the arbitrator shall be closed sessions. No party associated with the arbitration shall comment outside the arbitration itself until the arbitrator renders a decision. f. The arbitrator so selected will confer with shall not have the representatives authority to modify, amend, alter, add to, or delete from any provisions of this Agreement. An arbitrator, in the absence of the Superintendent and expressed written agreement of both parties, shall have no authority to rule on any dispute between the Association and hold hearings promptly and parties other than the dispute which was originally processed. g. The arbitrator’s decision shall issue his/her award not be submitted in writing to both parties no later than thirty (30) days from after the conclusion closing of the hearingsrecord. The decision shall be final and binding on the parties to this Agreement. h. The expenses of arbitration proceedings (arbitrator's written award shall set forth his/her findings ’s fee, recorder’s fee, rental of fact, reasoninga facility, and conclusions on the issues submitted. The arbitrator any other fees deemed necessary) shall be without power to make any award contrary to law or to alter, rescind, or modify any provision shared equally by the district and grievant. Each party shall pay its own costs of the bargaining contract. The award of the arbitrator shall be submitted to the Superintendent, the Association preparing and the Board of Education. d. The costs for the services of the arbitrator, presenting its case including per diem expenses, if any, and his actual and necessary travel and subsistence expenses and the cost of a transcript. i. The parties may mutually agree in writing to conduct any hearing room, will be borne by arbitration under this Article pursuant to the losing party. The arbitrator must identify then existing Expedited Labor Arbitration Rules of the predominantly prevailing party for purposes of this provision, even if American Arbitration Association in effect at the award is split. Under no circumstances is time the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All other costs will be borne by the party incurring themgrievance was filed.

Level Five - Arbitration. a. (a.) If the aggrieved person or the Association is not satisfied with the disposition of the grievance at Level Fourby the Board, or if no disposition has been made within the time limits, the aggrieved person and the Association may, shall meet within five (5) school days of disposition of the conclusion grievance or to discuss the merits of FMCS mediation, submitting the grievance to arbitration. (b.) If the Association determines that the grievance is meritorious it may submit the grievance to binding grievance arbitration. A copy of that submission shall be provided arbitration within five (5) school days. (c.) Within ten (10) school days after written notice to the Superintendent. b. A Board of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a written request for a list of nine (9) arbitrators (with a maximum of two additional lists) shall be made to the American Arbitration Association or Federal Mediation and Conciliation Service by either party. The list shall consist of five arbitrators and the Association. Selection from parties shall determine by lot which party shall have the right to remove the first two lists names from the list. The party having the right to remove the first two names shall do so within two (2) school days, and the other party shall have one (1) additional school day to remove two of the three remaining names. The person whose name remains shall be made in accordance with AAA rules. Selection from the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules")arbitrator. c. (d.) The arbitrator so selected will shall confer with the representatives of the Superintendent Board and the Association and hold hearings promptly and shall issue his/her award his decision not later than thirty fifteen (3015) school days from the conclusion date of the hearingsclose of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator's written award ’s decision shall be in writing and shall set forth his/her his findings of fact, reasoning, reasoning and conclusions conclusion on the issues submitted. The arbitrator shall be without power to make any award contrary to law or to alter, rescind, or modify any provision of the bargaining contract. The award decision of the arbitrator shall be submitted to the Superintendent, Board and the Association and shall be final and binding on the Board of Educationparties. d. (e.) The costs for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and travel, subsistence expenses and the cost of any the hearing room, will room shall be borne equally by the losing partyBoard and the Association. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All Any other costs will expenses incurred shall be borne paid by the party incurring themsame.