Level Four - Arbitration a. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable Arbitrator and shall obtain a commitment from said Arbitrator to serve. If the parties are unable to agree upon a mutually acceptable Arbitrator, or obtain such a commitment within the specified period, a request for a list of Arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in selection of an Arbitrator.
b. The Arbitrator so selected shall confer with the Committee of the Board and the Aggrieved Person and Association representative, and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings, or if oral closings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The Arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, or which is violative of the terms of this Agreement. The decision of the Arbitrator shall be submitted to the Board and the Aggrieved Person and Association representative, and shall be final and binding on the parties. The Arbitrator shall be limited to the issues submitted and shall consider nothing else. The Arbitrator can add nothing to, nor subtract anything from the Agreement between the parties.
c. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and 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.
Level Four - Arbitration. (a) If the aggrieved person or the Union is not satisfied with the disposition of the grievance by the superintendent or his designee, the Union may submit the grievance to arbitration within five (5) school days of the superintendent’s step three answer.
(b) Within ten (10) school days after written notice to the Board or designee of submission to arbitration, the Board and the Union shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a written request for a list of arbitrators shall be made to the Public Employment Relations Board by either party. The list shall consist of five (5) arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The parties shall alternately strike a name from the list until only one remains. The person whose name remains shall be the arbitrator.
(c) The arbitrator so selected shall confer with the representatives of the Board and the Union and hold hearings promptly and shall issue his decision not later than fifteen (15) school days from the date of the close of hearings or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall not add to, subtract from or modify the provisions of this agreement and shall be final and binding on the parties.
(d) The cost for the services of the arbitrator including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the party in interest. Any other expenses incurred shall be paid by the party incurring same.
(e) For grievances that occur or are processed during June, July, and August ten (10) school days shall mean ten (10) working days.
Level Four - Arbitration a. If the grievance is not resolved to the satisfaction of the grievant in Level Three, the ASSOCIATION may, within fifteen (15) days after the date the decision by the COMMITTEE is due in Level Three, file a written request for arbitration of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall be identical to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules.
b. No grievance shall be subject to arbitration unless the grievance, as stated in the request for arbitration filed with the American Arbitration Association, claims a violation, misinterpretation or misapplication of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher shall not be subject to arbitration.
c. The function of the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level.
d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievant, the ASSOCIATION, the COMMITTEE and school administration.
e. The arbitrator's decision shall be in writing and shall set forth his/her reasons for the results reached. Copies of the decision shall be furnished to the COMMITTEE and the ASSOCIATION. The decision of the arbitrator, if within the scope of his/her power and authority under this AGREEMENT, shall be final and binding upon the parties.
f. Each party s...
Level Four - Arbitration. (a) In the event that the aggrieved teacher is not satisfied with the disposition of his or her grievance at Level Three, or in the event no decision has been rendered with five (5) days after he or she has met with the Board, he or she may, within five (5) days after a decision by the Board or ten (10) days after he or she has met with the Board, whichever is sooner, request in writing that the PR&R Committee submit his or her grievance to arbitration, provided, however, that the grievance must be based upon an alleged breach of this Agreement. If the PR&R Committee determines that the grievance is meritorious, it may by written notice to the Board, submit the grievance to arbitration within fifteen (15) days after receipt of a request by the aggrieved teacher, and no later than twenty-five (25) days after the grievant has met with the Board. The decision to submit the grievance to arbitration must be the responsibility of the PR&R Committee.
(b) Within ten (10) days after written notice to seek arbitration has been given to the Board, the Association shall submit a demand for arbitration to the American Arbitration Association in Hartford. Selection of an Arbitrator shall be in accordance with the Voluntary Rules for Labor Arbitration of the American Arbitration Association.
(c) The Arbitrator so selected shall hold hearings promptly and unless extended by mutual agreement, shall issue his or her decision not later than thirty (30) days from the date of the closing of the hearings, or, from the date the briefs are submitted to him or her. The Arbitrator shall hear only one grievance at a time unless the parties agree otherwise. The Arbitrator’s decision shall be in writing and shall set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall derive his or her authority from the Agreement and shall be without power or authority to alter, amend, delete or disregard provisions of the Agreement. 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 submitted to the Board and to the Association and, subject to law, shall be final and binding.
(d) The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.
Level Four - Arbitration. 1. In the event the grievance is not settled at the previous level, the aggrieved party may elect arbitration of the unresolved grievance in accordance with the following provisions:
a) Not later than ten (10) days after the superintendent has rendered his decision either party shall inform the other party, in writing, of their intent to request arbitration. If the School District requests arbitration, the superintendent shall send his informative notice to the chairman of the Union grievance committee. If the Union requests arbitration, the chairman of the Union grievance committee shall send the informative notice to the superintendent of schools.
b) The parties will jointly request from the list of seven (7) arbitrators from which the arbitrator shall be selected. Such selection shall be accomplished within ten (10) days by the Union and the School District, each striking one (1) name from the list in turn until only one (1) name remains. The Union shall strike first.
c) The arbitrator shall not have the authority to modify, amend, alter, add to, or delete from any provisions of this Agreement. An arbitrator in the absence of the expressed written Agreement of both parties shall have no authority to rule on any dispute between the parties other than the dispute which was originally processed.
d) The arbitrator's decision shall be submitted, in writing, to both parties and shall be final and binding on the parties to this Agreement unless he/she exceeds the powers specified herein, or is guilty of procedural error prejudicing the rights of either party as defined by Federal Labor Law decisions.
e) The expenses of arbitration, including the arbitrator's fee, cost and expenses, and the cost of the arbitrator's transcript shall be borne exclusively by the party that has not prevailed. All other expenses incurred by either party in the preparation or presentation of its case are to be borne solely by the party incurring such expenses.
f) All hearings held by the arbitrator shall be in closed sessions and no party to or in any way associated with the arbitration shall comment outside the arbitration itself until the arbitrator renders a decision.
2. No reprisals of any kind will be taken by the School Board or by any member of the administration against any party because of filing a grievance or because they participated in an orderly manner in the grievance procedure on behalf of the grievant or representative or any person present on their behalf for the ti...
Level Four - Arbitration. Should the aggrieved be unsatisfied at Level Three or if no decision is rendered by the Board within the limit of Level Three meeting, the Association may submit the grievance to arbitration within thirty (30) calendar days from the date of receipt of Board’s decision.
Level Four - Arbitration a. If the aggrieved person and the Association are not satisfied with the disposition of the grievance by the Superintendent, or if no disposition has been made within the time limits, the aggrieved person and the Association shall meet within five (5) school days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration.
b. If the aggrieved person and the Association determine that the grievance is meritorious, he/she may submit the grievance to arbitration within five (5) school days of the meeting date.
c. Within ten (10) school days after written notice to the Superintendent of submission to arbitration, the Superintendent and Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator, or to obtain such a commitment within the specified time period, either party shall make a written request for a list of arbitrators to the Public Employment Relations Board. The list shall consist of seven (7) arbitrators and the party shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days and the other party shall have one (1) additional school day to remove one (1) of the six (6) remaining names. The parties shall alternate removing names with one day for each name removed. The person whose name remains shall be the arbitrator.
d. The arbitrator so selected shall confer with the Superintendent and the Association, and hold hearings promptly at a mutually agreed time, and shall issue his decision not later than fifteen
Level Four - Arbitration a. If the grievance remains unresolved at Level Two or Level Three (mediation), the Union shall have the right to refer the matter to arbitration. In the event the Union elects to do so, it must notify the Bureau of Human Resources of its decision in writing within twenty-one (21) calendar days of denial of the grievance at Level Two or twenty-one (21) calendar days after the close of mediation if the parties agreed to refer the grievance to Level Three.
b. After the grievance has been referred to arbitration, the parties or their representatives shall jointly request the State Conciliation Service for a list of names of seven (7) arbitrators. The parties shall select an arbitrator from that list by such method as they may jointly select, or if they are unable to agree upon a method, then by the method of alternate striking of names under which the grieving party shall strike the first name objectionable to it, and the City shall then strike the first name objectionable to it. The final name left on the list shall be the arbitrator.
c. The arbitrator's decision shall be final and binding, but the arbitrator shall have no power to alter, modify, amend, add to or detract from the terms of this Agreement. The decision of arbitration shall be within the scope and terms of this Agreement and shall be in writing.
d. The City and Union shall divide equally the arbitrator's fee, the cost of any hearing room and the cost of a shorthand reporter if requested by an arbitrator. All other expenses shall be paid by the party incurring them.
e. The time limits specified herein shall be jurisdictional unless waived by mutual agreement of the parties. The Union shall have sole authority to determine whether a grievance shall be submitted to arbitration, and any such decision or settlement of the grievance between the Union and the Bureau of Human Resources/Bureau Head in good faith shall be binding on all parties.
f. The parties shall make a good faith effort to avoid unreasonable delay in scheduling arbitration hearings.
Level Four - Arbitration. If the decision of the Board is not satisfactory to the Association, the grievance may be submitted to arbitration. If submitted, it must be done within twenty (20) school days of the date of the Board level response. The arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such Arbitration proceedings, any grounds or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Agreement. Both parties agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act.
Level Four - Arbitration. If the grievant is not satisfied with the decision at Level Three, within ten (10) calendar days after receipt of the Board's response at Level Three, the grievance may be appealed to arbitration by the Association. Within ten (10) calendar days after such written notice of the appeal to arbitration, the Superintendent and the Association will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten (10) day period, a request for a list of seven (7) arbitrators may be made to the Oregon Employment Relations Board by either party. The parties may mutually agree to request arbitrators who reside or maintain an office in Oregon. The parties will then be bound by the AAA Rules in the selection of an arbitrator. The arbitrator selected will hold a hearing promptly and will issue a decision not later than thirty (30) days from the date of the close of the hearing. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted to the Board and the Association and will be final and binding upon the parties. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board. The decision of the arbitrator within the scope of his/her authority shall be binding on the parties. The costs for the services of the arbitrator, including per diem expenses, if any, and travel and subsistence expenses and the cost of any hearing room will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them.
