Level Five Binding Arbitration. (a) If the aggrieved person is not satisfied with the disposition of the grievance by the Employer, the aggrieved person and the Association shall meet within five (5) working days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration. (b) If the Association determines that the grievance is meritorious, it may, with concurrence of the aggrieved, submit the grievance to arbitration within five (5) working days. (c) Within ten (10) working days after written notice to the Employer of submission to arbitration, the Employer 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 said commitment within the specified period, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB). The parties, within five (5) days of receiving said list, shall attempt to mutually agree upon an arbitrator. If the parties have not so agreed within five (5) days, then, from the list of arbitrators provided by PERB, each of the parties (the moving party striking first) shall strike one (1) name at a time from the panel until only one (1) name remains. The person whose name remains shall be the arbitrator. (d) The arbitrator so selected shall confer with the representatives of the Employer, the employee and the Association. The arbitrator shall hold hearings promptly and shall issue his/her decision not later than fifteen (15) working days from the date of the close of the hearings. The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions in the issues submitted. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her decision must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of the agreement. The decision of the arbitrator shall be submitted to the Employer, the employee, and the Association, and shall be binding on the parties. (e) The costs for the services of the arbitrator, including per diem expenses, necessary travel, subsistence expenses, and cost of the hearing room shall be borne equally by the Employer and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Five Binding Arbitration. If the aggrieved person is not satisfied with the

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Level Five Binding Arbitration. (a) If the aggrieved person is not satisfied with the (b) If the Association determines that the (c) Within ten (10) working days after written 753 notice to the Employer of submission to arbitration, the Employer and the Association 754 shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a 755 commitment from said arbitrator to serve. If the parties are unable to agree upon an (d) The arbitrator so selected shall confer 763 with the representatives of the Employer, the employee, SUCCESS employee or sign 764 language interpreter and the Association. The arbitrator shall hold hearings promptly and 765 shall issue his/her decision not later than fifteen (15) working days from the date of the 766 close of the hearings. The arbitrator’s decision shall be in writing and shall set forth 767 his/her findings of fact, reasoning, and conclusions in the issues submitted. The arbitrator, 768 in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the 769 Agreement. His/her decision must be based solely and only upon his/her interpretation of 770 the meaning or application of theexpress relevant language of the Agreement. The 771 decision of the arbitrator shall be submitted to the Employer, the employee, SUCCESS 772 employee of sign language interpreter, and the Association, and shall be binding on the (e) The costs for the services of the arbitrator, including per diem expenses, 774 necessary travel, subsistence expenses, and cost of the hearing room shall be borne 775 equally by the Employer and the Association. The party incurring same shall pay any 776 other expenses incurred.

Level Five Binding Arbitration a. If the Association proceeds to arbitration, it shall notify the District in writing. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Association and District shall each pay one half (1/2) of any charges required by the American Arbitration Association for services rendered. b. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as she/he judges to be proper. The decision of the arbitrator shall be submitted to the Association and the District and will be final and binding upon the parties. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after she/he has had an opportunity to hear the merits of the grievance. c. All costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room, shall be borne equally by the District and the Association. Any employee of the District shall receive released time as requested by either party. All other costs, except for released time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them.

Level Five Binding Arbitration. (1) The Association, dissatisfied with the disposition of the grievance at Level Four, and the claim does not pertain in whole or in part to dismissal or non-renewal of the contract of a non-tenured employee, may within fifteen (15) working days after the decision by the Board, request in writing that the grievance be submitted to arbitration. The request must be accompanied by written recommendation for such action by the Association. (2) Within fifteen (15) working days after such written notice of request for 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. Having agreed to arbitrate, 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 arbitrators may be made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. The decision of the arbitrator shall be final and binding only on misinterpretations or misapplication of the terms of the contract. In all other matters, including but not limited to policy or administrative decisions or past practices which affect any and all terms and conditions of employment, the decision of the arbitrator shall be advisory only. (3) The rules and procedures of the American Arbitration Association shall be followed by the arbitrator. The decision of the arbitrator shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issue(s) submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by or in violation of any law (including the School Laws as embodied in N.J.S.A. 18A), or which is in violation of the terms of this Agreement, and shall have no power to add to or subtract from or modify any of the terms of the Agreement, nor shall in any case have power to rule on any issue or dispute excepted from the grievance procedure by any other provision of this Agreement, including any decision made at the discretion of the Superintendent of Schools or the Board.

Level Five Binding Arbitration. A complaint by an employee or the Union related to policy or administrative decisions affecting said employee, or the Union, shall be processed according to the following steps or levels:

Level Five Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at Level Four, he or she may, within five (5) work days after the decision by the Board of Education, request in writing that the Association submit the grievance to binding arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to binding arbitration within five (5) work days after receipt of a request by the grievant.

Level Five Binding Arbitration a. If the aggrieved party is not satisfied with the disposition of his/her grievance at Level Four (Grievance Mediation), the Association may, within fifteen (15) work days after the decision, submit the grievance to Arbitration by notifying the Committee in writing. b. Upon receipt of the notification to arbitrate, the Committee or its representative and the Association or its representative shall have ten days (10) work days to mutually agree upon an arbitrator. If no agreement is reached, the Association has ten (10) work days to submit to the American Arbitration Association. c. The American Arbitration Association shall be requested to submit to the Association and the Committee a list of arbitrators to be selected. Such selection shall be in conformance with American Arbitration Association rules. d. The Arbitrator shall, within thirty (30) calendar days after his/her hearing, render his decision in writing to all parties in interest, 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 that requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Committee and the Association and shall be final and binding on the parties subject to judicial review. e. The cost for the services of the Arbitrator shall be borne equally by the Committee and the Association.

Level Five Binding Arbitration a. The parties, or their designees, will attempt to mutually agree upon an arbitrator. If the parties, or their designees, cannot agree upon an arbitrator within ten (10) days from when notice to arbitrate is filed, the Association may request the American Arbitration Association to furnish an arbitrator under its Voluntary Labor Arbitration Rules. b. The arbitrator selected shall confer promptly with the representatives of the Board and the Association, shall review the record of the prior hearings, and shall hold such further hearings with the aggrieved person and other parties in interest, as he shall deem requisite. c. The arbitrator shall render his decision in writing, to all parties in interest, 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 this Agreement. The decisions of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties, subject to appeal as provided by law. d. The costs of the services of the arbitrator shall be borne equally by the Board and the Association.

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