Common use of Level Five Clause in Contracts

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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Level Five. i. If No complaint is grievable beyond "Level Four" unless one is claiming a violation of rights granted under this agreement. The Association may file such an appeal on behalf of a teacher and the grievant is not satisfied with expenses of arbitration are to be borne equally by the disposition Association and the Board of Education. Notice of the grievance Association's intent to invoke arbitration must be given to the Superintendent of Schools within five (5) days of the Association's receipt of the Board's answer 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 arbitrationof the filing of the intent to arbitrate, or sooner, 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 Chairman of the Board and of Education or a member of the Board designated by the Chairman shall meet with the Association President and jointly select a Tri-partite Board of Arbitrators. If within ten (10) days a joint selection has not been made, then either party may apply to the American Arbitration Association to select the third Arbitrator. The Arbitrators shall proceed with a hearing hear and submit a written report in decide only the shortest possible time setting forth his findings of fact, reasoning and conclusions on the issues single issue submitted. The arbitrator They shall be without power or authority to make any decision, which requires the commission of an act prohibited bound by law or which is violative of the terms of the Agreement. The Arbitrators shall, within thirty (30) calendar days of their hearing, render a decision, in writing, setting forth facts found and their decision. The decision of the arbitrator Arbitrators shall be advisory only binding and final as provided by law. Copies of the decision shall be rendered to the Board Board, the Association and the aggrieved. Hearings held in the case of arbitration shall be held at a time and a place affording a fair and reasonable opportunity for all involved to attend. If it is mutually agreed by both parties to hold the hearing during school hours, then all who participate shall be excused for that purpose, without loss of pay. Failure by the aggrieved teacher at any level to appeal a grievance to the next level within the specified time limits shall be deemed to be an acceptance of the decision rendered at that level. Failure by the Administration to render his/her decision within specified time limits shall be deemed to be a denial of the grievance. Any party in interest may be represented at Levels Four and Five of the formal grievance procedure by a counsel of his own choosing, except that he may not be represented by a representative or an officer of any teacher organization other than the Association. iv. Since the purpose of a grievance procedure is to assure communication to all levels and to provide a means for settling difficulties (thus promoting understanding and high morale), it is to be understood that no reprisals of any kind are to be taken by any parties against those who seek to use the grievance procedure or who are participants in any portion of any grievance proceeding. This procedure shall be null and void whenever an aggrieved party files for remedial action with any Governmental body, court or board other than those participants and Board outlined in this procedure. This clause applies to the grievance being processed only and in no way prohibits any grievance on other matters. If the grievance occurs as the result of an action of other than the teacher's immediate superior or affects a group of, or class of, teachers, the grievance may be processed immediately at the level at which it occurs. The costs for informal meeting at this step will take place first, however. The Association may, if it so desires, call upon the professional services of the arbitrator, including per diem expenses Connecticut Education Association for consultation and actual necessary travel, subsistence expenses and assistance at any stage in the cost of the hearing room shall be borne equally by the Board and the Associationprocedure. 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 Participation 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 agreementCEA must be at or above the Superintendent level. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 2 contracts

Samples: Teachers' Association Contract, Teachers' Association Contract

Level Five. i. If the grievant grievance is not resolved by the Superintendent or his/her representative within five (5) school days or if the Association is not satisfied with the disposition of the grievance at the Level Four, the Association may submit the grievance to advisory arbitration not later than may, within fifteen (15) school days after receipt of the decision by written answer or lack of an answer, give written notice to the Board. iiSuperintendent of its intention to proceed to arbitration. Within ten The Association must file for arbitration with the American Arbitration Association (10AAA) within thirty (30) school days after such submission receipt of the answer or when the answer was due. A copy of the filing notice shall be sent to the Superintendent within fifteen (15) school days. Failure to notify the Superintendent or file for arbitration within the aforementioned time limits shall deem the grievance settled and not subject to arbitration, the Board and the . The Association shall attempt to agree upon a mutually acceptable arbitrator. If initiate 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 process 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 submittedarbitration. The arbitrator shall be without power or selected within the rules and policies of the AAA. The authority to make any of the arbitrator shall be limited by the definition of a grievance as aforementioned in this Article. In making his/her decision, which requires the commission arbitrator cannot modify, detract from, add too or alter any provisions of an act prohibited this Agreement. The arbitrator shall be bound by the principles of law or which is violative relating to the interpretation of contracts as followed by courts of competent jurisdiction. The arbitrator shall be requested to issue his/her award within thirty (30) days after the close of the terms of the Agreementhearing. The decision of the arbitrator shall be advisory only to the Board final and the Association. ivbinding on both parties. The Any costs and expenses for the services of the arbitrator, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room arbitrator shall be borne equally by between the Board and the Association. Any Witness fees, preparation costs, presentation costs and other such expenses incurred for each individual party shall be paid by at the expense of the respective individual party. During testimony before the arbitrator it is hereby understood, a reasonable number of employees shall be allowed to testify during their assigned working hours without loss of time or pay. If either party incurring same. v. If time is lost by any teacher due to arbitration proceedings necessitating desires a verbatim record of the retention of a substitutetestimony and proceedings, the Board of Education will requesting party shall cause the record to be made, pay only the cost of the substitute; record and shall make available, at no additional cost, a copy to the time lost by other party and 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. viarbitrator. Notwithstanding the above, Nothing contained herein precludes the parties agree from mutually agreeing to use the Expedited Arbitration process. It is agreed that in the following matters will 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 within the right to designate which arbitration shall be so binding, provided such designation is made and communicated in writing prior to the commencement jurisdiction 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(Grievance Resolution Committee) Arbitrator. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 2 contracts

Samples: Professional Negotiations Agreement, Professional Negotiations Agreement

Level Five. i. 1. 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. ii2. 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. iii3. 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. iv4. 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. 5. 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. vi6. 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. vii7. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Level Five. i. 1. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit the one grievance per year to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. ii2. 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. iii3. The arbitrator shall confer with the representative representative(s) of the Board and of the Association and shall proceed with a hearing hearing, and shall submit a written report in the shortest possible time setting forth his his/her 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 this Agreement. The decision decision' of the arbitrator shall be advisory only to the Board and the Association. iv4. The costs for cost of the services of the arbitrator, including the 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. 5. If time is lost by any teacher Administrator 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 Administrator must either be without pay or charged to personal time; however, if the arbitrator subpoenas a teacher an Administrator to attend the arbitration proceedings as a witness, this teacher Administrator 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Level Five. i. If the grievant Association is not satisfied with the disposition of the grievance Grievance at Level Four, the Association it may submit the grievance to advisory arbitration not later than fifteen within twenty (1520) school work days after receipt the decision of the decision by Superintendent refer the Board. iimatter for arbitration to the American Arbitration Association, in writing, and request the appointment of an arbitrator to hear the grievance. Within ten An arbitrator shall be selected in accordance with the rules of the American Arbitration Association, except each party shall have the right to peremptorily strike not more than three (103) school days after such submission for arbitration, from the Board list of arbitrators. The Employer and the Association shall attempt not be permitted to agree upon a mutually acceptable arbitrator. If assert in such arbitration proceeding any ground, or to rely on any evidence, not previously disclosed to the parties are unable to agree upon an arbitrator, either shall request the Public Employment Relations Commission to appoint an arbitrator. iiiother party. The arbitrator shall confer with have no authority to alter, ignore, modify, add to, or subtract from the representative terms 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 submittedthis agreement. The arbitrator shall be without power or have no authority to make a decision in any decision, case of discharge or discipline of a probationary employee. The arbitrator shall have no authority to make a decision in any matter based upon an interpretation of any statutory law for which requires there is an administrative agency created by state or federal statute which has jurisdiction to determine the commission of an act prohibited by law or which is violative legal rights of the terms grievant. Both parties agree to be bound by the award of the Agreementarbitrator made within the scope of authority. The decision fees and expenses of the arbitrator shall be advisory only to paid as follows: If the Board grievance is sustained and the Association. ivremedy sought by the Association is awarded in full, the Employer shall pay the fees and expenses in full. The costs If the grievance is denied in full, the Association shall pay the fees and expenses in full. If the grievance is neither sustained in full, nor denied in full, the fees and expenses of the arbitrator shall be shared equally. Employees who are necessary participants in an arbitration hearing as an Association representative or witness in the proceedings shall be released from duty without loss of pay for the services of time necessary to represent or testify as the arbitratorcase may be, including per diem expenses and actual necessary travel, subsistence expenses and the cost of provided the hearing room is held on the Employer’s premises. If the hearing is not held on the Employer’s premises, employees may use personal business leave or the Association may reimburse the Employer for necessary substitute costs, unless the Employer initiates the request for the hearing to be held away from its premises. An attempt shall be borne equally by the Board made to schedule arbitration and the Association. Any other expenses incurred shall be paid by the party incurring sameattendance of employees at times which will avoid or minimize release from work. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Level Five. i. a. If the grievant Grievant is not satisfied with the disposition of the his/her grievance at Level FourFour and his/her grievance deals with a violation, misinterpretation, or inequitable application of any of the provisions of this Agreement, the Association Grievant may submit request of the Board that his/her grievance be submitted to advisory arbitration not later than fifteen (15) school schools days after receipt of the decision by the Board’s decision. ii. b. Within ten (10) school days after such submission request for arbitration, the Board and the Association Grievant and/or his/her representative shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator, either they shall jointly request the Public Employment Relations Commission American Arbitration Association to appoint an arbitrator. iii. c. The arbitrator shall confer with the representative representatives of the Board and of the Association Grievant and shall proceed with a hearing and submit a written report in the shortest possible time setting forth his his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or of authority to make any decision, which decision that requires the commission of an act prohibited by law or which is violative of violates the terms of the this Agreement. The decision of the arbitrator shall be advisory only submitted to the Board and the AssociationGrievant and shall be binding on both parties. Said binding arbitration shall only apply in cases where a grievance deals with a violation, misinterpretation or inequitable application of any of the provisions of this Agreement. iv. d. The costs cost for the services of the arbitrator, including per diem expenses expenses, actual and actual necessary travel, and subsistence expenses expenses, and the cost of the hearing room shall be borne equally by the Board and the AssociationGrievant. Any other expenses incurred shall be paid by the party incurring same. v. e. If time is lost by any teacher employee due to arbitration proceedings 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 employee shall not suffer loss of pay or be penalized in any way. A maximum number of five (5) employees may participate in an arbitration proceeding without suffering loss of pay, said five (5) employees to include the Association President, Grievance Chairperson (or their representative) and up to three (3) witnesses for the Grievant, provided said witnesses actively participated in Levels 4 or 5 of the Grievance Procedure. vi. Notwithstanding f. In the above, the parties agree that in not more than event one (1) arbitration per contract year (non-cumulative) may be submitted party to an arbitratorarbitration cancels a hearing twice with the second cancellation occurring within two weeks of the scheduled hearing date, whose decision that party shall be final and binding upon both parties. The Association shall have responsible for the right to designate which arbitration shall be so binding, provided such designation is made and communicated in writing prior to the commencement total cost of the arbitration in question. The Association's choice shall be limited to a grievance which must have reached Level Two of hearing including the grievance procedure in arbitration fee and any contract year governed by the agreementfiling costs. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Level Five. i. If Arbitration. In the event that the grievant is not satisfied with the disposition of the grievance decision at Level Four, he/she may, within (10) days of receipt of the written decision of the Board, request of the District that the grievance be submitted to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Association may submit agreeing to take the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. iiarbitration. Within If no agreement can be reached on a mutually acceptable arbitrator within ten (10) school days after such submission for arbitrationthe written request is made, the Board District and the Association shall attempt jointly request that the American Arbitration Association supply a listing of names pursuant 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. iiiits Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall confer with be binding on the representative of the Board and of grievant, the Association and the District. It shall proceed with a hearing and submit a written report in be the shortest possible time setting forth his findings function of factthe arbitrator to make an award, reasoning and conclusions on if necessary, which will resolve the issues submittedgrievance. The arbitrator shall be without subject to the following limitations: 11.4.5.1 The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or authority to make modify any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement, as alleged by the Agreement. grievant. 11.4.5.2 The decision award of the arbitrator shall be advisory only based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 11.4.5.3 The arbitrator shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the Board reasonableness of any such practice, policy or rule. 11.4.5.4 The arbitrator shall not consider any issue/evidence raised by the grievant or the district unless it was known by both parties at an earlier level of this grievance procedure. 11.4.5.5 All fees and expenses of the arbitrator shall be shared equally by the District and the Association. iv. The costs for the services 11.4.5.6 Both parties, in case of the arbitratorgrievance time lines preventing resolution before cessation of school, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally may mutually agree to expedite by the Board and the Association. Any other expenses incurred shall be paid by the party incurring sameshortening time lines. 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 11.4.5.7 No grievant 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 use the grievance procedure in regard to any contract year governed claim or complaint for which there is another remedial procedure or course established by statute or by regulation having the agreementforce of law. vii. Notwithstanding 11.4.5.8 No grievant shall use the abovegrievance procedure to change any practice, policy or decision of the parties agree that any dispute which involves a disagreement as District unless such practice, policy or decision is contrary to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both partiesspecific provisions of this Agreement.

Appears in 1 contract

Samples: Tentative Agreement

Level Five. i. If the grievant aggrieved is not satisfied with the disposition of the grievance at Level Four, or if no decision has been rendered within fourteen (14) calendar days after the grievance was delivered to the Township Committee, the aggrieved may request that the Association submit said grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance same to advisory arbitration not later than fifteen within twenty-one (1521) school calendar days after receipt of the decision a request by the Board. iiaggrieved. Within ten fourteen (1014) school calendar days after such written notice of submission for to arbitration, the Board Township and the Association shall attempt to agree upon a mutually acceptable arbitratorarbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitratorarbitrator or to obtain such a commitment within the specified period, either shall a request for a list of arbitrators may be made to the State of New Jersey, Public Employment Relations Commission to appoint an arbitrator. iiiby either party. The arbitrator parties shall confer with then be bound by the representative rules and procedures of the Board State of New Jersey, Public Employment Relations Commission. The arbitrator’s decision shall be in writing and of shall be submitted to the Township and the Association and shall proceed be final and binding on all parties. In the event that the arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest solely with a hearing and submit a written report the arbitrator selected in accordance with the shortest possible time setting forth his findings of fact, reasoning and conclusions on the issues submittedabove. The arbitrator shall be without power or authority limited to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of the Agreementissues submitted and shall consider nothing else. The decision of arbitrator may add nothing to modify, or subtract anything from the arbitrator shall be advisory only to agreement between the Board and the Association. ivparties. The costs cost for the services of the arbitrator, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room Arbitrator shall be borne equally by the Board Association and the Township. Any aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, by a representative selected or approved by the Association. Any other expenses incurred shall be paid When a unit member is not represented by the party incurring same. v. If time is lost by any teacher due to arbitration proceedings necessitating the retention of a substituteAssociation, 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 present 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 state its views at all stages of the grievance procedure in procedure. No reprisals of any contract year governed kind shall be taken by the agreementTownship or its agents against any representative, any member of the Association or any other participant in the grievance procedure by reason of such participation. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. If the grievant is not satisfied The Association, if dissatisfied with the disposition of decision at the grievance at Level FourBoard level, the Association may submit appeal the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. ii. Within within ten (10) school calendar days. Only the Association may carry the grievance procedure to Level Four and only the specific grievance as filed at Level Two may be submitted to arbitration. Within five (5) days after such submission for arbitrationof receipt of the appeal, the Board Superintendent and the Association shall attempt to agree upon select a mutually acceptable arbitrator. If this is not done, the parties are unable shall on the sixth (6th) day, initiate a request to agree upon an arbitrator, either shall request the Public Employment Relations Commission Board for a list of five (5) arbitrators who reside in the State of Oregon. The party to appoint an strike the first name shall be determined by a coin flip and the losing party shall strike one name. This process will be repeated. The one remaining shall be the arbitrator. iii. The hearing shall be conducted in a manner agreed to by the parties or, failing such agreement, as determined by the Rules of the American Arbitration Association in effect at that time. The arbitrator shall confer with have no power to advise on salary adjustments, except as to the representative improper application thereof, and may not add to, subtract from, modify or amend any terms 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 submittedthis Agreement. The arbitrator shall be without have no power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative substitute his discretion for that of the terms of Board in any manner not specifically contracted away by the AgreementBoard. The A decision or award of the arbitrator shall be advisory only to shall, within the Board and the Association. iv. The costs for the services scope of the arbitrator's authority, 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties. In case of a grievance involving any continuing or other money claim against the District, no award shall be made by the arbitrator which shall allow any alleged accruals for more than thirty (30) days prior to the date when such grievance shall have first been presented to the immediate supervisor or principal. Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties. However, each party shall be completely responsible for all costs of preparing and presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such record and provide a copy to the other party at the cost of reproduction only.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. If the grievant PR&R Committee and/or the aggrieved person does not feel the grievance is not satisfied with satisfactorily resolved after Level Four and determines that the disposition grievance involves the interpretation, meaning, or application of any of the grievance at Level Fourprovisions of this Agreement, a Board Policy, administrative regulation or practice affecting conditions of employment, it may, by written notice to the Association may submit the grievance to advisory arbitration not later than Superintendent within fifteen (15) school days after receipt of the decision request from the aggrieved person, submit the grievance to binding arbitration. If any question arises as to whether a particular dispute involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will first be ruled upon by the Board. iiarbitrator selected to hear the dispute. Within ten (10) school days after such written notice of submission for to arbitration, the Board Superintendent and the Association shall PR&R Committee will attempt to agree upon a mutually acceptable arbitratorarbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitratorarbitrator or to obtain such a commitment within the ten-day (10) period, either there may be a request for an arbitration committee to be formed to hear the grievance. This committee shall request be selected by the Public Employment Relations Commission to appoint an arbitrator. iiiaggrieved person and the PR&R Committee selecting one member, and the Board and administration selecting one member. These two (2) members shall select a third (3) member. The arbitrator shall arbitration committee so selected will confer with the representative representatives of the Board Superintendent, Board, and the PR&R Committee and hold hearings promptly and will issue its decision not later than twenty (20) days from the date of the Association close of the hearings or, if oral hearings have been waived, then from the date the final statements and shall proceed with a hearing proofs are submitted to it. The arbitration committee's decision will be in writing and submit a written report in the shortest possible time setting will set forth his its findings of fact, reasoning reasoning, and conclusions on the issues submitted. The arbitrator shall arbitration committee will be without power or authority to make any decision, decision which requires the commission of an act prohibited by law or which is violative volatile of the terms of the this Agreement. The decision of the arbitrator shall arbitration committee will be advisory only submitted to the Board Superintendent and the Association. ivAssociation and will be final and binding upon the parties in interest. The costs of the services for the services of the arbitratorarbitration committee, including per diem expenses expenses, if any, and actual necessary travel, its travel and subsistence expenses and the cost of the any hearing room shall will be borne equally by the Board and the Association. Any These costs are to be mutually determined and agreed upon prior to any activity of the arbitration committee. All other expenses incurred shall costs will be paid borne by the party incurring same. v. If time is lost them. No reprisals of any kind will be taken by the Superintendent or by any teacher due to arbitration proceedings necessitating member or representative of the retention administration or the Board against any aggrieved person, any party in interest, any Grievance Representative, any member of the PR&R Committee or any other participant in the grievance procedure by reasons of such participation. The aggrieved person may be represented at Level Two and beyond of the grievance procedure by himself/herself, or, at his/her option, by a substituteGrievance Representative, selected by the Association. If the aggrieved person is not represented by the Association, 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 state its views at Level Three 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 beyond of the grievance procedure procedure. If, in any contract year governed the judgment of the PR&R Committee, a grievance affects a group or class of teachers, the PR&R Committee may initiate and submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Three. When it is necessary for a Grievance Representative, member of the PR&R Committee or other representative designated by the agreement. viiAssociation to investigate a grievance or attend a grievance meeting or hearing during the school day, he/she will, upon notice of the principal or immediate superior by the Chairman of the PR&R Committee, be released without loss of pay as necessary order to permit participation in the activities as described above. Notwithstanding Any teacher whose appearance in such investigations, meetings, or hearing as a witness is necessary will be accorded the abovesame right. All documents, communications, and records dealing with the parties agree that processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any dispute which involves a disagreement as to whether of the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public participants. Forms for filing grievances, serving notices, taking appeals, making reports and School Employees Health Benefits Plan may recommendations and other necessary documents will be submitted to an arbitrator whose decision shall be final and binding on both parties.prepared. (Neg. 1975-1976)

Appears in 1 contract

Samples: Negotiated Agreement

Level Five. i. If Arbitration. In the event that the grievant is not satisfied with the disposition of the grievance decision at Level Four, he/she may, within (10) days of receipt of the written decision of the Board, request of the District that the grievance be submitted to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Association may submit agreeing to take the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. iiarbitration. Within If no agreement can be reached on a mutually acceptable arbitrator within ten (10) school days after such submission for arbitrationthe written request is made, the Board District and the Association shall attempt jointly request that the American Arbitration Association supply a listing of names pursuant 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. iiiits Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall confer with be binding on the representative of the Board and of grievant, the Association and the District. It shall proceed with a hearing and submit a written report in be the shortest possible time setting forth his findings function of factthe arbitrator to make an award, reasoning and conclusions on if necessary, which will resolve the issues submittedgrievance. The arbitrator shall be without subject to the following limitations: 11.4.5.1 The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or authority to make modify any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement, as alleged by the Agreement. grievant. 11.4.5.2 The decision award of the arbitrator shall be advisory only based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 11.4.5.3 The arbitrator shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the Board reasonableness of any such practice, policy or rule. 11.4.5.4 The arbitrator shall not consider any issue/evidence raised by the grievant or the district unless it was known by both parties at an earlier level of this grievance procedure. 11.4.5.5 All fees and expenses of the arbitrator shall be shared equally by the District and the Association. iv. The costs for the services 11.4.5.6 Both parties, in case of the arbitratorgrievance time lines preventing resolution before cessation of school, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally may mutually agree to expedite by the Board and the Association. Any other expenses incurred shall be paid by the party incurring sameshortening time lines. 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 11.4.5.7 No grievant 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 use the grievance procedure in regard to any contract year governed claim or complaint for which there is another remedial procedure or course established by statute or by regulation having the agreementforce of law. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. If action at Level Four fails to resolve the grievance within thirty (30) days to the satisfaction of the affected parties, the aggrieved person may, within five (5) days after a decision by the Board, request in writing that the Association submits the grievance to arbitration. If the grievant is not satisfied Association desires, it will request arbitration in writing to the District on the grievance form in accordance with Section 903 of Act 195. Within five (5) days of said notice, the disposition Association shall request the American Arbitration Association (AAA) to submit a list of arbitrators to both parties. Within twelve (12) days of the receipt of such list of arbitrators, the District and the Association will strike names as provided for in Section 903 of Act 195. The arbitrator selected shall be immediately notified by both parties of his/her selection. The arbitrator so selected shall promptly conduct such investigations and hearings as he/she may deem requisite and necessary to bring about a proper determination of the grievance at Level Four, the Association may submit the grievance submitted to advisory arbitration not later than him/her. The arbitrator shall render his/her decision within 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 submittedsaid hearings. The arbitrator shall be without power or of authority to make any decision, decision which requires the commission of an act prohibited by law or which is violative of to alter, add to, or subtract from the terms of the this Agreement. The decision of the arbitrator shall be advisory only submitted to the Board District and the Association. iv, and it shall be final and binding upon both parties. Under circumstances where both parties decide it would be advantageous, a tripartite form of arbitration may be employed. The costs Association and the District each shall choose one arbitrator and the third arbitrator shall be chosen in accordance with the procedure set forth above. The cost for the services of the arbitrator, including any per diem expenses expenses, actual and actual necessary travel, or subsistence expenses expenses, and the cost costs of the hearing room and court reporter shall be borne equally by the Board and parties to the Associationgrievance. Any other expenses incurred shall be paid by the party incurring the same. All grievances, which cannot be resolved at Level One, are to be recorded on the form mutually agreed upon as part of this Agreement. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. If Arbitration. In the event that the grievant is not satisfied with the disposition of the grievance decision at Level Four, he/she may, within (10) days of receipt of the written decision of the Board, request of the District that the grievance be submitted to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Association may submit agreeing to take the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. iiarbitration. Within If no agreement can be reached on a mutually acceptable arbitrator within ten (10) school days after such submission for arbitrationthe written request is made, the Board District and the Association shall attempt jointly request that the American Arbitration Association supply a listing of names pursuant 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. iiiits Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall confer with be binding on the representative of the Board and of grievant, the Association and the District. It shall proceed with a hearing and submit a written report in be the shortest possible time setting forth his findings function of factthe arbitrator to make an award, reasoning and conclusions on if necessary, which will resolve the issues submittedgrievance. The arbitrator shall be without subject to the following limitations: 11.4.5.1 The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or authority to make modify any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement, as alleged by the Agreement. grievant. 11.4.5.2 The decision award of the arbitrator shall be advisory only based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 11.4.5.3 The arbitrator shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the Board reasonableness of any such practice, policy or rule. 11.4.5.4 The arbitrator shall not consider any issue/evidence raised by the grievant or the district unless it was known by both parties at an earlier level of this grievance procedure. 11.4.5.5 All fees and expenses of the arbitrator shall be shared equally by the District and the Association. iv. The costs for the services 11.4.5.6 Both parties, in case of the arbitratorgrievance time lines preventing resolution before cessation of school, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally may mutually agree to expedite by the Board and the Association. Any other expenses incurred shall be paid by the party incurring sameshortening time lines. 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 11.4.5.7 No grievant 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 use the grievance procedure in regard to any contract year governed claim or complaint for which there is another remedial procedure or course established by statute or by regulation having the agreementforce of law. No grievant shall use the grievance procedure to change any practice, policy or decision of the District unless such practice, policy or decision is contrary to the specific provisions of this Agreement. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. 1. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit the one grievance per year to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. ii2. 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. iii3. The arbitrator shall confer with the representative representative(s) of the Board and of the Association and shall proceed with a hearing hearing, and shall submit a written report in the shortest possible time setting forth his his/her findings of fact, reasoning and conclusions on the issues issued 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 this Agreement. The decision of the arbitrator shall be advisory only to the Board and the Association. iv4. The costs for cost of the services of the arbitrator, including the 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. 5. If time is lost by any teacher Administrator 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 Administrator must either be without pay or charged to personal time; however, if the arbitrator subpoenas a teacher an Administrator to attend the arbitration proceedings as a witness, this teacher Administrator 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. This level of grievance resolution by binding arbitration shall apply only to grievances involving an allegation by the CREA or employee that this agreement has been violated. 13.2.3.6.1 If the grievant aggrieved employee is not satisfied with the disposition of the his grievance at Level Four, or if no decision has been rendered by Board within forty (40) days if no hearing was requested or within fifty-five (55) calendar days if a hearing was requested (these times based on date of receipt of the Association grievance by Board), or within five (5) days after receipt of the Board decision, the aggrieved employee may request in writing that the CREA submit the grievance to arbitration. If the CREA determines that the grievance is meritorious, it may submit the grievance to advisory arbitration not later than within fifteen (15) school days after of receipt of the decision by request of the Boardaggrieved employee. ii. 13.2.3.6.2 Within ten (10) school calendar days after such submission for receipt of a written notice requesting arbitration, the Board and the Association CREA shall attempt to agree upon a mutually acceptable arbitratorarbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitratorarbitrator who is willing to serve within said ten (10) day period, either then Board or the CREA shall request a list of arbitrators from the Public Employment Employees Relations Commission to appoint an arbitratorof the State of New Jersey. iii. 13.2.3.6.3 The arbitrator so selected shall confer with the representative representatives of Board and the CREA and schedule hearings promptly and shall issue his decision within twenty (20) calendar days after the close of hearings or the deadline for submission of final statements or other documents to him. All arbitration proceedings shall be conducted in accordance with the rules of the Board and American Arbitration Association regardless of the Association manner of choice of arbitrator. 13.2.3.6.4 The decision of the arbitrator shall be written and shall proceed set forth with a hearing and submit a written report in the shortest possible time setting forth specificity his findings of fact, reasoning and conclusions on regarding the issues submitted. The arbitrator shall be without power or authority to make any decision, decision which requires the commission of an act prohibited by law or which is violative of violates the terms of this agreement. The arbitrator shall limit him/herself to the Agreementissues submitted to him/her and shall consider nothing else. He/she cannot modify, add to, nor subtract anything from the Agreement between the parties. The decision of the arbitrator shall be advisory only submitted to the Board and the AssociationCREA and shall be final and binding on the parties. iv13.2.3.6.5 All arbitration proceedings shall be conducted within the building occupied and used as the Cumberland Regional High School at no charge to the parties. The costs for the services of the arbitratorarbitration, if any, including per diem charges, subsistence, and travel expenses and actual necessary travel, subsistence expenses and the cost of the hearing room arbitrator shall be borne equally by the Board and the AssociationCREA. Any other expenses incurred in conjunction with the arbitration proceedings shall be paid by the party incurring samethem. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Level Five. i. If Arbitration. In the event that the grievant is not satisfied with the disposition of the grievance decision at Level Four, he/she may, within (10) days of receipt of the written decision of the Board, request of the District that the grievance be submitted to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Association may submit agreeing to take the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. iiarbitration. Within If no agreement can be reached on a mutually acceptable arbitrator within ten (10) school days after such submission for arbitrationthe written request is made, the Board District and the Association shall attempt jointly request that the American Arbitration Association supply a listing of names pursuant 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. iiiits Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall confer with be binding on the representative of the Board and of grievant, the Association and the District. It shall proceed with a hearing and submit a written report in be the shortest possible time setting forth his findings function of factthe arbitrator to make an award, reasoning and conclusions on if necessary, which will resolve the issues submittedgrievance. The arbitrator shall be without subject to the following limitations: 11.4.4.1 The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or authority to make modify any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement, as alleged by the Agreement. grievant. 11.4.4.2 The decision award of the arbitrator shall be advisory only based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 11.4.4.3 The arbitrator shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the Board reasonableness of any such practice, policy or rule. 11.4.4.4 The arbitrator shall not consider any issue/evidence raised by the grievant or the district unless it was known by both parties at an earlier level of this grievance procedure. 11.4.4.5 All fees and expenses of the arbitrator shall be shared equally by the District and the Association. iv. The costs for the services 11.4.4.6 Both parties, in case of the arbitratorgrievance time lines preventing resolution before cessation of school, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally may mutually agree to expedite by the Board and the Association. Any other expenses incurred shall be paid by the party incurring sameshortening time lines. 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 11.4.4.7 No grievant 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 use the grievance procedure in regard to any contract year governed claim or complaint for which there is another remedial procedure or course established by statute or by regulation having the agreementforce of law. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. a. If the grievant aggrieved person is not satisfied with the disposition of the grievance at Level Four, or if no written decision has been rendered within ten (10) days of the Association meeting with the Board, the grievant may request the bargaining unit to submit the grievance to arbitration. The bargaining unit, by written notice to the Superintendent within fifteen (15) days after the receipt of the request from the aggrieved person, may submit the grievance to advisory arbitration not later than fifteen (15) school days after receipt binding arbitration. If any question arises as to the arbitrability of the decision grievance, such question will be ruled upon by the Boardarbitrator only after the arbitrator has had an opportunity to hear the merits of the grievance. ii. b. Within ten (10) school days after such submission for arbitrationof the notification to the Superintendent, the Board bargaining unit will submit the grievance to the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association shall attempt to agree upon a mutually acceptable arbitrator. If in the parties are unable to agree upon selection of an arbitrator, either and the arbitrator shall request proceed under the Public Employment Relations Commission Voluntary Labor Arbitration Rules of said Association or the Expedited Rules of Arbitration, as stated in the appeal to appoint an arbitratorArbitration. iii. c. The arbitrator arbitrator’s decision under voluntary or expedited rules shall confer with be in writing and will set forth 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 will be without power or authority to make any decision, decision which 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 Agreementarbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator shall will be advisory only submitted to the Board Superintendent and the Associationbargaining unit and will be final and binding upon the parties of this Agreement. iv. The d. All costs for the services of the arbitrator, including but not limited to per diem expenses expenses, his/her travel and actual necessary travelsubsistence expenses, subsistence expenses and the cost of the any hearing room shall room, will be borne equally by the Board and the Associationbargaining unit. Any All other expenses incurred shall costs will be paid borne by the party incurring samethem. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Memorandum of Understanding

Level Five. i. If a. In the grievant event that the Association is not satisfied dissatisfied with the disposition determination of the grievance at Level FourBoard, the Association may submit shall have the grievance right to advisory arbitration not request the appointment of an arbitrator. (1) Such requests shall be made no later than fifteen (15) school calendar days following the determination of the Board or forty-five (45) calendar days having passed with no determination having been made by the Board after receipt of the decision by grievance. Failure to file within said time period shall constitute a bar to such arbitration unless the Boardaggrieved employee and the Board shall mutually agree upon a longer time period within which to assert such a demand. ii. (2) Such request for the appointment of an arbitrator can be honored only if the aggrieved person in writing waives the right, if any, to submit the underlying dispute to any other administrative or judicial tribunal, except for the purpose of enforcing the arbitrator's decision. (3) Within ten (10) school days after such submission written notice of request for arbitration, the Board and the Association aggrieved person (or representative) shall attempt to agree upon a mutually acceptable arbitratorarbitrator and obtain a commitment from said arbitrator to serve. If In the event the parties are unable to agree upon an arbitratorarbitrator or to obtain such a commitment within the specified period, either a request will be made by the party or parties to the American Arbitration Association to submit a roster of persons qualified to function as an arbitrator in the dispute in question. The parties shall request then be bound by the Public Employment Relations Commission to appoint rules and procedures of the American Arbitration Association in the selection of 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. (4) The arbitrator shall be without power or authority limited to make any decision, which requires the commission of an act prohibited by law or which is violative issues submitted and shall consider nothing else. The arbitrator can add nothing to nor subtract anything from this Agreement. (5) The arbitrator shall render a decision in writing within thirty (30) days after the completion of the terms arbitration proceedings. Only the Board and the aggrieved person (or representative) shall be given copies of the Agreementarbitrator's decision. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties. (6) Each party shall bear the total cost incurred by themselves. Fees and expenses of the arbitrator will be shared by the parties equally. (7) No matter shall be arbitrable which would constitute a waiver by the Board of those rights and powers which it is forbidden by law to waive or delegate.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. Binding Arbitration 10.3.5.1 If the grievant is not satisfied with Association proceeds to arbitration, it shall notify 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. iiDistrict in writing. Within ten (( 10) school days after of such submission for arbitrationnotification, representatives of the Board District and the Association shall attempt to agree upon a mutually acceptable arbitratorarbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitratorarbitrator within the specified period, either the Association shall request file a Demand to Arbitrate with the Public Employment Relations Commission to appoint an arbitrator. iiiAmerican Arbitration Association. The arbitrator shall confer with the representative selection of the Board arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Association and District shall proceed with a hearing each pay one half (1/2) of any charges required by the American Arbitration Association for services rendered. The arbitrator's decision shall be in writing and submit a written report in shall set forth the shortest possible time setting forth his findings of fact, reasoning reasoning, and conclusions on of the issues submitted. The arbitrator shall be without power or authority to make any decision, decision which requires the commission of an act prohibited by law or which is violative of the terms te1ms of this Agreement. However, it is agreed that the Agreementarbitrator 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 will be advisory only submitted to the Board Association and the Association. ivSuperintendent and will be final and binding upon the parties. The 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. All costs for the services of the arbitrator, including but not limited to, per diem expenses expenses, travel and actual necessary travel, subsistence expenses and the cost of the any hearing room shall room, will be borne equally by the Board District and the Association. Any All other expenses incurred shall costs, except for release time for the grievant(s), Association representative(s) and witnesses, will be paid borne by the party incurring samethem. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. If The Board, or a committee thereof, shall review the grievant is not satisfied grievance and shall, at the option of the Board, hold a meeting with the disposition of the grievance at Level Four, the Association may submit the grievance to advisory arbitration not later than employee and render a decision in writing within fifteen (15) school days after receipt of the decision grievance by the Board. iiSuperintendent for transmittal. If the aggrieved employee is not satisfied with the disposition of his grievance at Level Five, the Association may, within five (5) school days after such disposition, notify the Board through the Superintendent of its intention to arbitrate the grievance. Within ten (10) school days after of such submission for arbitrationwritten notice to the Superintendent, the Board and the Association shall attempt to agree upon may file a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator, either shall request demand for arbitration with the Public Employment Relations Commission to appoint an arbitrator. iiiwhich shall be processed under PERC’s Voluntary Labor Arbitration Rules. The arbitrator shall confer with limit himself to the representative issues submitted to him and shall consider nothing else. He can add nothing to nor subtract anything from the Agreement between the parties or any policy of the Board and of the Association and shall proceed with Education. As to those grievances which involve 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 meaning or interpretation of the arbitrator, including per diem expenses and actual necessary travel, subsistence expenses and the cost language 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 substitutethis Agreement, 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose ’s decision shall be final and binding on the parties. Each party will bear the total cost incurred by themselves. The fees and expenses of the arbitrator are the only costs which will be shared by the two parties and such costs shall be shared equally. Any party in interest may be represented at all stages of the grievance procedure by himself, or, at his option, by a representative selected or approved by the Association. When an employee is not represented by the Association, the Association shall have the right to be present at all stages of the grievance procedure. However, only the Association can process a grievance to arbitration. No reprisals of any kind shall be taken by either party against any party in interest, any building representatives, or any other participant in the grievance procedure by reason of such participation. If, in the judgment of the Association, a grievance affects a group or class of employees, the Association may submit such grievance in writing to the Superintendent or Business Administrator directly, as the case may be, and the processing of such grievance shall be commenced at Level Three. The statement of the grievance shall identify the group or class of employees on whose behalf the grievance is being filed by the Association. No meetings and/or hearings under this procedure shall be conducted in public and shall include only such parties in interest and their designated or selected representatives. The parties concerned will not be limited to the number of days called for in this Article for actions on grievance handling, if written notification, at least one day before deadline, is given to the other party stating reasons for the needed delay. In no case will this delay exceed five (5) school days and may not occur at more than one level unless by mutual consent of both parties. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if left unresolved until the beginning of the following school year, could result in harm to a party in interest, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. If No complaint is grievable beyond "Level Four" unless one is claiming an infringement of rights granted under this agreement. The Association may file such an appeal on behalf of a teacher and the grievant is not satisfied with expenses of arbitration are to be borne equally by the disposition Association and the Board of Education. Notice of the grievance Association's intent to invoke arbitration must be given to the Superintendent of Schools within five (5) days of the Association's receipt of the Board's answer 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 arbitrationof the filing of the intent to arbitrate, or sooner, 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 Chairman of the Board and of Education or a member of the Board designated by the Chairman shall meet with the Association President and jointly select a Tri-partite Board of Arbitrators. If within ten (10) days a joint selection has not been made, then either party may apply to the American Arbitration Association to select the third Arbitrator. The Arbitrators shall proceed with a hearing hear and submit a written report in decide only the shortest possible time setting forth his findings of fact, reasoning and conclusions on the issues single issue submitted. The arbitrator They shall be without power or authority to make any decision, which requires the commission of an act prohibited bound by law or which is violative of the terms of the Agreement. The Arbitrators shall, within thirty (30) calendar days of their hearing, render a decision, in writing, setting forth facts found and their decision. The decision of the arbitrator Arbitrators shall be advisory only binding and final as provided by law. Copies of the decision shall be rendered to the Board Board, the Association and the aggrieved. Hearings held in the case of arbitration shall be held at a time and a place affording a fair and reasonable opportunity for all involved to attend. If it is mutually agreed by both parties to hold the hearing during school hours, then all who participate shall be excused for that purpose, without loss of pay. Failure by the aggrieved teacher at any level to appeal a grievance to the next level within the specified time limits shall be deemed to be an acceptance of the decision rendered at that level. Failure by the Administration to render his/her decision within specified time limits shall be deemed to be a denial of the grievance. Any party in interest may be represented at Levels Four and Five of the formal grievance procedure by a counsel of his own choosing, except that he may not be represented by a representative or an officer of any teacher organization other than the Association. iv. Since the purpose of a grievance procedure is to assure communication to all levels and to provide a means for settling difficulties (thus promoting understanding and high morale), it is to be understood that no reprisals of any kind are to be taken by any parties against those who seek to use the grievance procedure or who are participants in any portion of any grievance proceeding. Any policy established by the Administration that adversely affects an Association member, or any constructive suggestion that any Association member wishes to make will be processed in an informal manner up to and including the Board of Education. This procedure shall be null and void whenever an aggrieved party files for remedial action with any Governmental body, court or board other than those participants and Board outlined in this procedure. This clause applies to the grievance being processed only and in no way prohibits any grievance on other matters. If the grievance occurs as the result of an action of other than the teacher's immediate superior or affects a group of, or class of, teachers, the grievance may be processed immediately at the level at which it occurs. The costs for informal meeting at this step will take place first, however. The Association may, if it so desires, call upon the professional services of the arbitrator, including per diem expenses Connecticut Education Association for consultation and actual necessary travel, subsistence expenses and assistance at any stage in the cost of the hearing room shall be borne equally by the Board and the Associationprocedure. 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 Participation 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 agreementCEA must be at or above the Superintendent level. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Teachers' Association Contract

Level Five. i. (a) If the grievant Association does not accept the School Committee Level Four response or if a response is not satisfied with given by the disposition of the grievance at Level FourSchool Committee, the Association may submit the grievance matter to advisory arbitration by filing a written demand with the American Arbitration Association. This written demand to the American Arbitration Association must be filed no later than thirty (30) days of receipt of the School Committee Level Four response or not later than fifteen forty-five (1545) school days after receipt from the day when the School Committee Level Three response was due, whichever is applicable. Disputes regarding filing for arbitration shall be resolved by reviewing the American Arbitration Association's time and date stamp. The parties agree that if an extension is requested by either side within the above-referenced time limits, such extension will be granted. (b) The party seeking arbitration may request a list of arbitrators from the decision American Arbitration Association. The parties will be bound by the Board. ii. Within ten (10) school days after such submission for arbitration, current rules and procedures of said Association in 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 selection of an arbitrator. iii. (c) The arbitrator shall so selected will confer with the representative of the Board School Committee and of the Association and shall proceed with a hearing hold hearings promptly and submit a written report will issue his/her decision not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator's decision will be in the shortest possible time setting writing and will set forth his his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall will be without power or authority to make any decision, decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement nor will he/she be permitted to interpret the intention of the parties at the time they negotiated said Agreement. The decision of the arbitrator shall will be advisory only submitted to the Board School Committee and to the Association, and, subject to law, will be final and binding on all disputes arising under Articles I through IV, Articles XIV through XXXI, Appendix A and Appendix B, provided that the arbitrator shall not usurp the functions of the Committee or the proper exercise of its judgment and discretion under law and this Agreement. On all disputes arising under Article V through XIII, the decision of the arbitrator will be final and binding unless the School Committee within seven (7) calendar days after the decision has been rendered, makes a written statement to the Association that it has rejected, by a majority vote of the full School Committee, the opinion of the arbitrator and which sets forth the reasons for its rejection. iv. (d) The costs for the services of the arbitrator, including per diem expenses expenses, if any, and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room shall will be borne equally by the Board School Committee and the Association. Any other expenses incurred shall be paid by the party incurring same. v. If time (e) Teachers subject to discharge and/or suspension must elect between pursuing the grievance arbitration provisions of the collective bargaining agreement or the statutory arbitration procedures outlined in Massachusetts General Laws Chapter 71. Once one forum is lost by any teacher due to arbitration proceedings necessitating the retention of a substituteselected, 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 other is made and communicated in writing prior foreclosed 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 agreementteacher. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Five. i. If the grievant is not satisfied with the disposition of the his/her grievance at Level FourLEVEL FOUR, or if no written decision has been rendered within five (5) days after the hearing with the Board of Trustees, he/she may, within not more than five (5) days following the deadline for a written decision from the Board of Trustees, request in writing that the Association may submit the his/her grievance to advisory arbitration. The Association shall request arbitration not later than fifteen in writing to the Superintendent or designee within five (155) school days after receipt of the written decision by or within eighteen (18) days following the Board. iihearing, if no written decision has been rendered. Within ten (10) school days after such written notice of submission for to arbitration, the Board Superintendent or designee and the Association shall will attempt to agree upon a mutually acceptable arbitratorarbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator, either within ten (10) days, each party will name an arbitrator and obtain a commitment from such arbitrator to serve on a three-man arbitration board. The two arbitrators will name a third mutually acceptable arbitrator to complete the three-man arbitration board. If they are unable to agree upon a third arbitrator or to obtain such a commitment within the ten (10) day period, a request for a list of five (5) arbitrators will be made to the Federal Mediation and Conciliation Service. Each arbitrator will strike two names. The remaining name on the list shall request serve as the Public Employment Relations Commission third arbitrator. If any question arises as to appoint an arbitrator. iiiarbitrability, such question will first be ruled upon by the arbitrator (arbitration board) selected to hear the dispute. Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party before completion of the LEVEL FOUR meeting. The arbitrator shall (arbitration board) selected will confer with the representative representatives of the Board of Trustees, Joint School District No. 2, and of the Association Association, and shall proceed with a hearing hold hearings promptly. The arbitrator’s decision will be in writing, and submit a written report in the shortest possible time setting will set forth his findings of fact, reasoning reasoning, and conclusions on the issues submitted. The arbitrator (arbitration board) shall be without have no power or authority to make any decisionadd to, which requires the commission of an act prohibited by law subtract from, alter, or which is violative of modify the terms of the Agreementthis agreement, or award damages. “Make-whole” remedies, including interest, shall not be considered damages. The decision of the arbitrator (arbitration board) shall be advisory only submitted to the Board of Trustees, Joint School District No. 2 and the Association and, subject to laws, shall be final and binding. Nothing contained herein shall deny to any certified employee, the Board or the Association. iv, their rights under State or Federal Constitutions and laws. The intent of this procedure is to keep arbitration costs to a minimum by using area (regional) and/or public services that might be available whenever possible. The costs for the services of the arbitratorarbitration services, including per diem expenses expenses, if any, and actual necessary traveltravel and subsistence expenses, subsistence expenses if any, and the cost of the any hearing room shall room, will be borne equally by the Board of Trustees Joint School District No. 2 and the Association. Any All other expenses incurred shall costs will be paid borne by the party incurring samethem. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Master Contract

Level Five. i. If the grievant is grievance has not satisfied with been resolved to the disposition satisfaction of the grievance at Level Fourgrievant or the ASSOCIATION, the Association ASSOCIATION may submit the grievance to advisory file for arbitration not later than within fifteen (15) school days after following receipt of the decision by BOARD's Level Four decision. Failure to file for arbitration within the Board. ii. Within ten fifteen (1015) school days after such submission day period will constitute a bar to arbitration of the grievance, unless the ASSOCIATION and the Board mutually agree to extend the deadline for filing for arbitration, the Board and the Association shall attempt . The parties should try to agree upon to a mutually acceptable arbitrator. If the parties are unable cannot agree, they immediately shall submit a joint request to agree upon an arbitrator, either shall request the Public Employment Employee Relations Commission to appoint an arbitrator. iii. If PERC is unwilling or unable to appoint an arbitrator, then the parties shall submit a joint request to the American Arbitration Association to appoint an arbitrator. The arbitrator shall confer with representatives of both the representative of BOARD and the Board and of the Association ASSOCIATION, and shall proceed with conduct a hearing and hearing. In the shortest time possible after the hearing, the arbitrator shall submit a written report in the shortest possible time setting forth his of his/her findings of fact, reasoning reasoning, and conclusions on the issues submittedof the grievance. The arbitrator shall be without render his/her findings and Recommendations consistent with the terms of this Agreement, and shall not have power or authority to make any decision, recommendations which requires the require commission of an act which is prohibited by law or which is violative of the terms of the Agreementlaw. The decision of the arbitrator shall be advisory only to final and binding on all parties. Except as provided in Article VI, para. 3(e) (personal days), 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 parties shall share equally in the cost of the hearing room arbitrator's services, except that if the ASSOCIATION is representing the grievant, then the ASSOCIATION shall bear the grievant's share of the expense. Each party will be responsible for its own expenses associated with the arbitration. In addition, the arbitrator will have the express power and authority to recommend that the costs of the arbitrator's services be borne equally by one party if, in the Board and arbitrator's judgment, one party unnecessarily created the Association. Any other expenses incurred shall be paid by need for the party incurring same. v. If time is lost by any teacher due to arbitration proceedings necessitating the retention or pursued arbitration for purposes 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; howeverdelay, if the arbitrator subpoenas finds that one party's assertions are unreasonable and a teacher to attend the arbitration proceedings as a witness, this teacher shall not suffer loss of paysham. 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 insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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