Common use of Level Four - Arbitration Clause in Contracts

Level Four - Arbitration. If the grievance is not satisfactorily resolved at the Level Three conference, the grievance shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

Level Four - Arbitration. If the grievance is not satisfactorily resolved at the Level Three conference, the grievance shall be submitted to an independent Arbitrator if such request is made within 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 Level Three conferencePublic 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 selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the without power or authority to add to, subtract from, alter, modify, varymake any decision which requires the commission of an act prohibited by law, or ignore which is violative of the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. this Agreement. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindingsubmitted 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. If a. Grievances not settled at Level Three of the grievance is not satisfactorily resolved at procedure may be appealed to arbitration with the Level Three conference, written approval of the grievance shall be submitted to an independent Arbitrator if such Association provided written notice of a request for arbitration is made to the Superintendent within ten twenty (1020) days of receipt of the answer in Level Three conferenceThree. b. When such a timely request has been made for arbitration, an arbitrator shall be selected. The Arbitrator shall arbitrator may be mutually selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association District and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. c. If the parties are unable to select a mutually-acceptable arbitrator, a request for a list of seven (7) arbitrators shall be made to the Employment Relations Board by either party. d. The duty and responsibility arbitrator so selected shall confer with the representatives of the Arbitrator is to apply Board and interpret the express provisions Association. The arbitrator shall hold hearings promptly and issue a decision no later than thirty (30) days from the date of the agreement close of the hearings or if oral hearings have been waived, then from the date of the final statement and proofs of the issues that have been submitted. e. The arbitrator's decision shall be in writing and shall not set forth findings of fact, reasoning and conclusions on the issues submitted. f. The arbitrator shall have the authority no power to advise on salary adjustment, except as to improper application thereof, nor to add to, subtract from, alter, modify, vary, modify or ignore amend any terms of this 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 in violation of the terms of this Agreement. The decision of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulationarbitrator shall be, it being expressly agreed that any such determination shall be made by a court within the scope of law. b. the arbitrator's authority, final and binding on the parties. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from costs for the conclusion services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing or submission of briefsroom shall be borne equally by the District and the Association. Any other expenses incurred shall be paid by the party incurring same. c. The rules may be amended in writing g. To the extent permitted by law, pursuit of a grievance through binding arbitration under this article shall constitute a waiver by the mutual agreement grievant of any right to seek redress for the partiescontract misinterpretation(s), inequitable application(s) and/or violation(s) alleged in the grievance in any other judicial or quasi-judicial forums. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

Level Four - Arbitration. If the grievance is not satisfactorily resolved at the Level Three conference, the grievance shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. : Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

Level Four - Arbitration. a) If the grievance aggrieved person is not satisfactorily resolved satisfied with the disposition of her/his grievance at Level Three, she/he may, within five (5) days after receipt of a decision by the Level Three conferenceCommittee make a written request of the President of the Association to submit her/his grievance to arbitration. b) The Association may, within ten (10) days after receipt of such a request notify the Committee of its intent to submit the grievance to arbitration by written notice to the Xxxxxxxxx School Committee chair and the Superintendent of Schools. c) Within ten (10) days after such written notice of submission to arbitration, the grievance shall be submitted chair of the Committee, or its designee, and the President of the Association, or its designee, will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to an independent Arbitrator if such request is made serve. If the parties are unable to agree within ten (10) days of receipt of such list upon the Level Three conference. The Arbitrator shall be selected by mutual agreement selection of one of the arbitrators on said list, the Association may, within five (5) days thereafter request a list of arbitrators from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed uponAmerican Arbitration Association, one shall be chosen by a drawing from the same list. After selection of an arbitrator has been utilized, their name will to be placed on made pursuant to the bottom rules and procedures of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. d) The duty arbitrator so selected will hear the matter promptly and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall will issue her/his decision not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within later than thirty (30) calendar days from the conclusion date of the hearing close of the hearings, or submission of briefs. c. if oral hearings have been waived, then from the date the final statement and proofs are submitted to her/him. The rules may arbitrator's decision will be amended in writing and will set forth her/his findings of fact, reasoning and conclusions on the issues submitted unless otherwise mutually agreed to by the mutual agreement of the parties. d. Either party e) The power of the arbitrator stems from this Agreement and her/his function is to interpret and apply this Agreement and to pass upon alleged violations thereof. She/he shall have the right within ten (10) days from the receipt no power to add to subtract from, or modify any of the terms of this Agreement. The arbitrator shall not have any power or authority to make any decision that requires the commission of an act prohibited by law or that violates the terms of this Agreement. f) The decision of the Arbitrator arbitrator shall be submitted to apply the Committee and the Association, and, subject to a court of competent jurisdiction law, shall be final and binding upon the parties subject to judicial review. g) The costs for a rehearing the services of the claim both as to arbitrator shall be borne equally by the facts Committee and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindingAssociation.

Level Four - Arbitration. If the aggrieved person or group of persons is not satisfied with the disposition of his grievance at Level Three or if no written decision has been rendered within thirty (30) calendar days after the grievance was delivered to the Board, he/she may request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is not satisfactorily resolved at the Level Three conferencemeritorious for further consideration, it must submit the grievance shall be submitted to an independent Arbitrator if such request is made the Public Employment Relations Commission for arbitration within ten (10) work days after receipt of the Level Three conferencerequest by the aggrieved person and shall notify the Board of such submission. The Arbitrator so selected shall be selected by mutual agreement from confer with the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom representatives of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association Board and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement , hold hearings promptly and shall issue his decision not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within later than thirty (30) calendar days from the conclusion date of the close of the hearing or submission of briefs. c. or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The rules may Arbitrator's decision shall be amended in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make a decision which requires the commission of an act prohibited by the mutual agreement Law or which is in violation of the parties. d. Either party shall have terms of this Agreement. The Arbitrator cannot add to, delete from, or amend the right within ten (10) days from the receipt terms of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the this Agreement. The decision of the Arbitrator shall be bindingsubmitted to the Board and the Association. The decision of the Arbitrator shall be binding upon the parties when there is a claim by an employee, employees, or representatives of an employee or employees, that there has been a misinterpretation, misapplication, or a violation of any of the provisions of the Agreement. D. 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 parties. E. Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. F. Following Level One, decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. G. No meetings or hearings under this procedure shall be conducted in public and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article.

Level Four - Arbitration. a. If the grievance Grievant is not satisfactorily resolved satisfied with the disposition at Level Three, or no decision has been rendered within the time period provided in Level Three conferenceThree, the Grievant may request in writing that the Association submit the Grievance to arbitration. b. The Grievant shall submit his/her grievance shall in writing to the Association Chairman within five (5) days after the decision by the Public Safety Committee requesting that the Grievance be submitted to an independent Arbitrator if such request is made arbitration within ten (10) days after receipt of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon request by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefsGrievant. c. The rules may be amended in writing by the mutual agreement of the parties. d. Either party shall have the right within Within ten (10) days after such written notice of a submission to arbitration, the Borough Council and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from the receipt arbitrator or obtain such a commitment within a specified period. A list of arbitrators may be requested from the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the decision Public Employment Relations Commission in the selection of an arbitrator. d. The arbitrator so selected shall confer with the representatives of the Arbitrator to apply to a court of competent jurisdiction for a rehearing Borough Council and the Association and hold hearings promptly. The arbitrator shall issue his/her decision not later than twenty (20) days from the date of the claim both as close of the hearings or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to the facts arbitrator. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issue submitted. The arbitrator shall be without power or authority to make a decision that requires the commission of an act prohibited by law and that is violative of the terms of this Agreement. Such decision shall be final and binding. e. The costs for the services of the arbitrator, including per-diem expenses, if any, and actual necessary travel subsistence expenses, shall be borne equally by the Borough Council and the law, provided however, that if application in not made within such time, the decision of the Arbitrator Association. Any other expenses incurred shall be bindingpaid by the party incurring same.

Level Four - Arbitration. a. If the grievance grievant is not satisfactorily resolved satisfied with the disposition of the grievance at Level Three, the grievant may request that the Association appeal the grievance to arbitration. The Association may, within fifteen (15) working days after the grievant=s receipt of the decision by the Board, submit the grievance to 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 arbitrator selected to hear the dispute. Except as otherwise expressly provided in this Agreement, the arbitration will be conducted in accordance with the Voluntary Labor Arbitration Rules of the Employment Relations Board in effect at the Level Three conference, time (hereinafter referred to as the grievance shall be submitted to an independent Arbitrator if such request is made within AERB Rules@). b. Within ten (10) working days after such written notice of submission to arbitration, the Board 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 commitment within the ten-day period, a request for a list of arbitrators may be made to the Employment Relations Board by either party. The parties will then be bound by the XXX Rules in the selection of an arbitrator. c. The arbitrator so selected will confer with the representatives of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated Board and agreed upon by the Association and hold hearings promptly and will issue a decision not later than thirty (30) working days from the Employerdate 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 the arbitrator. The hearing arbitrator=s decision will be in writing and will set forth the findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will 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 arbitrator shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the without authority to add to, subtract from, alter, modify, vary, or ignore the terms modify this Agreement. The decision of the Agreement or arbitrator will be submitted to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination shall the Board and the Association and will be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing by the mutual agreement of final and binding upon the parties. d. Either 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 by the party by which the arbitrator ruled against. All other costs will be borne by the party incurring them. e. Both the grievant and the grievant=s representative, and the Board shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as call and cross-examine witnesses and submit evidence pursuant to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindinggrievance.

Level Four - Arbitration. a. If the grievant is not satisfied with the disposition of the grievance at Level Three, he/she may, within five (5) days after receipt of the Level Three response, request in writing to the President of the Association that the grievance be submitted to Arbitration. b. If the Association determines that the grievance is not satisfactorily resolved at meritorious and elects to submit the Level Three conferenceissue to arbitration, the grievance shall be submitted to an independent Arbitrator if such request is made Association shall, within ten (10) days after receipt of the Level Three conferencedecision, notify the Board of its intent to request arbitration. c. The Board, through its representative, and the Association, through its representative, shall within ten (10) days after the notification in b. above, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. The Arbitrator shall be selected by mutual agreement from If the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After parties are unable to agree upon an arbitrator has been utilizedwithin ten (10) days, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and may request the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from services of the American Arbitration AssociationAssociation to furnish a list of arbitrators. a. d. The duty and responsibility arbitrator selected by the parties shall confer promptly with the representatives of the Arbitrator is to apply Board and interpret the express provisions grievant shall review the record of the agreement prior meetings and shall not hold such hearings with the grievant and the Board as he/she shall deem appropriate. e. The arbitrator shall conduct the hearing, render his/her decision in writing to all parties in interest, setting forth his/her findings of fact, reasoning, and conclusions on the issue(s) submitted in accordance with American Arbitration Association rules. The arbitrator shall have the authority no power to add to, subtract from, alteror modify the provisions of this Agreement, modifyand shall confine any decision to the meaning of the specific written contract provision(s) which gave rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, varyinterferes with the statutory duties of the Board, or ignore violates the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination this Agreement. The arbitrator's decision shall be made by a court of lawfinal and binding on the parties, subject to judicial review. b. f. The Arbitrator costs for the services of the arbitrator shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing borne equally by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts Board and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be bindingAssociation.

Level Four - Arbitration. a. If the grievance aggrieved person is not satisfactorily resolved at satisfied with the Level Three conference, disposition of the grievance shall at Level Three, or if no decision has been rendered within fifteen (15) school days after the grievance was delivered to the Board or its representative(s), he/she may, within five (5) school days after a decision by the Board or its representative(s) or twenty (20) school days after the grievance was delivered to the Board, whichever is sooner, request in writing that the grievance be submitted to an independent Arbitrator if such request is made within arbitration. b. Within ten (10) school days after such written notice of submission to arbitration, the Level Three conferenceparties in interest shall attempt to agree upon a mutually acceptable arbitrator to serve. The Arbitrator If the parties are unable to agree upon an arbitrator or to obtain a commitment within the specified period, the selection of an arbitrator shall be selected made from a panel provided by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. c. The duty arbitrator so selected shall hold hearings promptly and shall issue his/her decision no 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 on the issue are submitted to the arbitrator. The arbitrator’s decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator may rule only upon the meaning, interpretation, or application of any provision in the Agreement; he/she shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The sole responsibility of the Arbitrator is arbitrator shall be to apply and interpret the express provisions meaning of the agreement articles of this contract and in no way shall not it be so construed that the arbitrator shall have the authority power to add to, subtract from, alter, modify, vary, or ignore modify in any way the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulation, it being expressly agreed that any such determination this Agreement. His/her decision shall be made submitted to the parties in interest and shall be accepted by a court the parties in accordance with the requirements and limitations as set forth in Article IX, Section 903 of lawthe Public Employee Labor Relations Act. b. d. The Arbitrator cost of arbitration shall be requested to render his written decision within thirty (30) calendar days from the conclusion of the hearing or submission of briefs. c. The rules may be amended in writing shared equally by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts and the law, provided however, that if application in not made within such time, the decision of the Arbitrator shall be binding.

Level Four - Arbitration. a. If the grievance grievant is not satisfactorily resolved satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within fourteen (14) days after the Level Three conferencehearing, the grievant may request that the Council submit the grievance shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the listarbitration. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulationCouncil so determines, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested may submit the grievance to render his written decision arbitration within thirty (30) calendar days from the conclusion after receipt of the hearing Level Three decision. 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 arbitrator selected to hear the dispute. b. Within fourteen (14) days after such written notice of submission to arbitration, the District and the Council shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of briefsarbitrators may be made to the Employment Relations Board by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association and Oregon law. c. The rules may arbitrator so elected shall confer with the representatives of the Board and the Council and hold hearings promptly and shall issue a decision. The arbitrator’s decision shall be amended in writing by and shall set forth findings of fact, reasoning, and conclusions on the mutual issues submitted. The arbitrator shall have the power only to interpret this agreement and determine if it has been violated and fashion an appropriate remedy including, but not limited to, the awarding of compensatory damages. The decision of the arbitrator shall be submitted to the District and the Council and shall be final and binding on both parties. d. Either party shall have The costs for the right within ten (10) days from the receipt services of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts arbitrator, including per diem expense, if any, travel and subsistence expenses and the law, provided however, that if application in not made within such time, cost of any hearing room will be borne equally by the decision of Board and the Arbitrator shall Council. All other costs will be bindingborne by the party incurring the costs.

Level Four - Arbitration. a. If the grievance grievant is not satisfactorily resolved satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within fourteen (14) days after the Level Three conferencehearing, the grievant may request that the Council submit the grievance shall be submitted to an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the listarbitration. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated and agreed upon by the Association and the Employer. The hearing shall be conducted by the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add to, subtract from, alter, modify, vary, or ignore the terms of the Agreement or to determine that any provision is unconstitutional or contrary to any federal or state law or regulationCouncil so determines, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested may submit the grievance to render his written decision arbitration within thirty (30) calendar days from the conclusion after receipt of the hearing Level Three decision. 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 arbitrator selected to hear the dispute. b. Within fourteen (14) days after such written notice of submission to arbitration, the District and the Council shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of briefsarbitrators may be made to the Employment Relations Board by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association and Oregon law. c. The rules may arbitrator so elected shall confer with the representatives of the Board and the Council and hold hearings promptly and shall issue a decision. The arbitrator’s decision shall be amended in writing by and shall set forth findings of fact, reasoning, and conclusions on the mutual agreement of the parties. d. Either party issues submitted. The arbitrator shall have the right within ten (10) days from power only to interpret this agreement and determine if it has been violated and fashion an appropriate remedy including, but not limited to, the receipt awarding of the compensatory damages. The term “compensatory damages” means any make whole remedy typically awarded by an arbitrator in grievance arbitration. The decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as arbitrator shall be submitted to the facts District and the law, provided however, that if application in not made within such time, the decision of the Arbitrator Council and shall be bindingfinal and binding on both parties.

Level Four - Arbitration. If the grievance aggrieved person is not satisfactorily resolved satisfied with the disposition of his/her grievance at Level Three, he/she may within twenty (20) school days after the Level Three conferencedecision by the Board request in writing that the Association submit his/her grievance to arbitration. Within ten (10) school days after such written notice of submission to arbitration, the grievance Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator. The arbitrator so selected shall confer with the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) 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/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any 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 an independent Arbitrator if such request is made within ten (10) days of the Level Three conference. The Arbitrator shall be selected by mutual agreement from the following list. Xxxxxxx Xxxxxxx Xxxxxxx XxxXxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx If no arbitrator can be agreed upon, one shall be chosen by a drawing from the same list. After an arbitrator has been utilized, their name will be placed on the bottom of the list. If any of these arbitrators drops from the list for any reason, a replacement shall be negotiated Board and agreed upon by the Association and the Employer. The hearing shall be conducted by binding with reference to grievances concerning the Arbitrator selected in the manner described above but independently from the American Arbitration Association. a. The duty and responsibility of the Arbitrator is to apply and interpret the express provisions of the agreement and shall not have the authority to add toalleged misapplication, subtract from, alter, modify, vary, misinterpretation or ignore the terms violation of the Agreement or commencing July 1, 2000. Advisory arbitration shall continue to determine that any provision is unconstitutional or contrary to any federal or state law or regulationbe the final step for all other grievances of Board policy and administrative decisions. The cost for the services of the arbitrator, it being expressly agreed that any such determination shall be made by a court of law. b. The Arbitrator shall be requested to render his written decision within thirty (30) calendar days from including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the conclusion cost of the hearing or submission of briefs. c. The rules may room shall be amended in writing borne equally by the mutual agreement of the parties. d. Either party shall have the right within ten (10) days from the receipt of the decision of the Arbitrator to apply to a court of competent jurisdiction for a rehearing of the claim both as to the facts Board and the law, provided however, that if application in not made within such time, the decision of the Arbitrator Association. Any other expenses incurred shall be bindingpaid by the party incurring the same.