Level Five - Arbitration. If the grievant is not satisfied with the Board’s decision, he/she shall have seven (7) calendar days to file a written appeal with the Board of Education requesting that the matter be submitted to arbitration. Failure to file an appeal within said seven (7) day period constitutes a waiver of the right to appeal. If an appeal is timely filed, the parties shall jointly request a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) and the arbitrator shall be selected in accordance with the rules and regulations of the FMCS. The grievance hearing before the arbitrator shall be held in private and shall be scheduled during hours which do not interfere with the grievant’s contractual duties. The arbitrator shall render his decision in writing within thirty (30) days of the hearing and that decision shall be binding. The report of the arbitrator shall be served upon the Association and the Board. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any terms of this Agreement nor shall the arbitrator have any authority to restrict or diminish any of the legal authority granted to the Board of Education by law except to the extent that legal authority has been restricted by a specific provision of this contract. The arbitrator shall have no authority to rule on the accuracy of the content of any evaluation and he shall simply have the authority to determine whether or not the evaluation procedure was followed. In addition, the arbitrator shall have no authority to hear grievances concerning the transfer and assignment of employees. The expenses and fees of the arbitrator shall be paid by the losing party.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Negotiated Agreement
