Common use of Level Four - Arbitration Clause in Contracts

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 aggrieved person or the Union is not satisfied with the disposition decision of the grievance by the superintendent or his designee, the Union may submit Board does not resolve the grievance to arbitration within five (5) school days the satisfaction of the superintendent’s step three answer. (b) Within grievant, notice of intention to proceed to arbitration shall be given to the Board through the Superintendent within ten (10) school work days after the receipt of the decision which is being appealed. Within fourteen (14) calendar days after such written notice to the Board or designee of submission to arbitration, the Board and the Union Administrators' executive Committee 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, the following procedure will be used to secure the services of a written arbitrator: a. A request for a list of arbitrators shall will be made to the American Arbitration Association or New Jersey Public Employment Relations Board by either partyCommission to submit a roster of persons qualified to function as an arbitrator in the dispute in question. The list shall consist All proceedings will be conducted in accordance with the rules of five (5) arbitrators and the American Arbitration Association. b. If the parties shall are unable to determine by lot which party shall have the right to remove the first name a mutually satisfactory arbitrator from the submitted list. The , they will request the American Arbitration Association or New Jersey Public Employment Relations Commission to submit a second roster of names. c. If the parties shall alternately strike are unable to determine within ten (10) calendar days of the receipt of the second submitted list, a name from mutually satisfactory arbitrator, the list until only one remains. The person whose name remains American Arbitration Association or New Jersey Public Employment Relations Commission shall be the requested to designate an arbitrator. (c) d. The arbitrator Arbitrator so selected shall confer with the representatives representative of the Board and the Union Executive Committee and shall hold hearings promptly and shall issue his his/her decision not no later than fifteen thirty (1530) school days from the date close 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 himhearings. The arbitrator’s 's decision shall be in writing and shall set forth his his/her findings of fact, reasoning 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 submitted to the Board and the party in interest. Any other expenses incurred Association and shall be paid by binding upon the party incurring same. (e) For grievances that occur or are processed during June, Julyparties. It is expressly incumbent upon the arbitrator to not consider any past practices of the parties in any manner for any dispute arising under this Agreement, and August ten (10) school days he/she shall mean ten (10) working daysbe limited to the "the four corners" expressly set forth herein.

Level Four - Arbitration. (a) a. If the aggrieved person or the Union Association is not satisfied with the disposition of the grievance by the superintendent alleging a violation of a term or his designeecondition of employment, the Union Association 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 after receiving written notification of the close decision by the Board, notify the Board that the grievance is being submitted to arbitration. b. Grievances of hearings or if oral hearings matters, which have been waivedor may be determined to be non-negotiable or non-arbitrable by law, then from decisions of the date Commissioner of Education, or prior decisions by PERC, will not be considered further. In the final statements and proofs event a determination by PERC is pending on the issues are negotiability of a particular issue, the pending arbitration shall be held in abeyance until a determination is made. c. A grievance may be submitted to himarbitration provided it has been deemed to involve a contractually arbitrable issue by statute or by PERC. 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 costs for the services of the arbitrator 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 interestAssociation. Any other expenses expense incurred shall be paid by the party incurring sameit. d. The Association shall request a list of arbitrators from PERC. The parties shall then be bound by the rules and procedures of PERC in the selection of an arbitrator. The arbitrator shall limit him/herself to issues submitted to him/her and shall consider nothing else. She/he can add nothing to nor subtract anything from the agreement. e. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (e) For grievances that occur or are processed during June, July, and August ten (1020) school days from the date of the close of the hearings or, if oral hearings have been waived, then from the date of final statements and proofs on the issues are submitted to him/her. The jurisdiction of the Arbitrator shall mean ten (10be limited to a determination of the facts and the interpretation and application of the specific provision(s) working daysof this Agreement at issue. The Arbitrator shall be bound by the provisions of this Agreement and shall have no authority to add to, subtract from, amend or modify any of its provisions. 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 clearly in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on both parties, subject to any rights of appeal granted by law. f. Where a question of negotiability and/or arbitrability exists, the grieved party at their cost shall submit the grievance to PERC for a binding decision.

Level Four - Arbitration. (a) If the aggrieved person or the Union grievant is not satisfied with the disposition of the grievance by the superintendent or his designeeBoard's decision, the Union Association may submit the grievance to arbitration within five (5) school days of under the superintendent’s step three answerfollowing conditions: 1. All steps provided for in the grievance procedure must first be exhausted by the grievant. (b) Within 2. Written notice of a request for arbitration must be filed with the superintendent within ten (10) school days after written notice to of receipt of the Board or designee answer from the last previous step of submission to the grievance procedure. 3. When a timely request has been made for arbitration, the Board and the Union parties or their designated representatives shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator select an impartial arbitrator. Failing to serve. If do so, they shall, within ten (10) work days of the parties are unable to agree upon an arbitrator or to obtain such a commitment within appeal, request the specified period, a written request for a list of arbitrators shall be made to the Public Employment Relations Board by either party. The to submit a list shall consist of five (5) arbitrators and arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot which party shall have the right to remove the first name from the list. The parties shall order of elimination and thereafter each shall, in that order, alternately strike a name from the list until only one remainsand the fifth remaining name shall act as the arbitrator. The person whose name remains parties shall be bound by the arbitratorrules of the American Arbitration Association. (c) 4. The arbitrator so selected shall confer with the representatives of the Board and the Union Association and hold hearings promptly and shall issue his his/her decision not later than fifteen thirty (1530) school days from the date of the close of hearings or the hearings, or, if oral hearings have been waived, then from the date the of final statements and proofs on the issues are submitted to him/her. The arbitrator’s 's decision shall be in writing and shall set 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 violates the 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 shall not add to, subtract from or modify be submitted to the provisions of this agreement Board and the Association and shall be final and binding on the parties. (d) The cost for parties within the services scope 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 samearbitrator's authority. (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) a. If the aggrieved person Grievant(s) or the Union WEA is not satisfied with the disposition of the grievance by the superintendent or his designeeSuperintendent, the Union Grievant and the WEA shall meet to discuss the merits of submitting the grievance to arbitration. b. If the WEA determines that the grievance is meritorious, it may submit the grievance to arbitration by delivering a written request therefore to the Superintendent within five ten (510) school days after the date of the superintendentdelivery of the Superintendent’s step three answerdisposition in Level Three. (b) c. Within ten (10) school days after the date of delivery of the written notice request for arbitration to the Board or designee of submission to arbitrationDistrict, the Board WEA and the Union District shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties they are unable to agree upon to an arbitrator or to obtain such a commitment within the specified period, they agree to jointly submit a written request for a list of arbitrators shall be made to the Iowa Public Employment Relations Board by either partyfor a panel of seven (7) arbitrators. The list shall consist of Within five (5) arbitrators school days after receipt of the panel of arbitrators, the WEA and the parties District shall meet and determine by lot which party shall have the right to remove the first name from the list. The Immediately thereafter the parties shall alternately strike a name names from the list until only just one name remains. The person whose name remains , who shall be the arbitratorarbitrator and the parties shall immediately notify the PERB of their selection. (c) d. The arbitrator so selected shall confer with the designated representatives of the Board District and the Union WEA and hold hearings promptly promptly. The participants at any hearing shall be limited to not more than five (5) individual employee grievants, five (5) designated representatives of the WEA, and five (5) designated representatives of the District together with such witnesses of the parties in interest as may be required for a proper submission of the grievance. The District and the WEA shall jointly request the arbitrator to issue his decision not later than fifteen within twenty (1520) school days from after the date of the close of hearings the hearing, or if oral hearings have been waived, then within twenty (20) days from the date the final statements that written briefs and proofs on the issues arguments are submitted to himhim by the parties. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. His authority shall be strictly limited to deciding only the issue or issues presented to him in the grievance or as determined by him after hearing the evidence. His decision must be based upon his interpretation of the meaning or application of the relevant language of the agreement. The decision of the arbitrator shall not add to, subtract from or modify be submitted to the provisions of this agreement District and the WEA and shall be final and binding on the parties. (d) e. The cost costs for the services service of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing room shall be borne equally by the Board District and the party in interestWEA. Any other expenses incurred shall be paid by the party in interest 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) a. If the aggrieved person or the Union is not satisfied with the disposition School Board's decision and the dispute or disagreement involves the interpretation, violation or application of the grievance by the superintendent or his designeea specific provision(s) of this Agreement, the Union Association may submit the grievance to arbitration under the following conditions: i. All steps provided for in the grievance procedure must first be exhausted by both parties. ii. The issue must involve the interpretation, violation or application of a -specific provision of this Agreement. iii. Written notice of a request for arbitration must be filed with the Superintendent within five ten (510) school days of receipt of the superintendent’s answer from the last step three answerof the grievance procedure. (b) Within iv. When a timely request has been made for arbitration, the parties or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall within ten (10) school days after written notice of the appeal, jointly request the Employment Relations Xxxxx 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 submit 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 arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot which party shall have the right to remove the first name from the list. The parties shall order of elimination and thereafter each shall, in that order, alternately strike a name from the list until only one remainsand the fifth and remaining name shall act as the arbitrator. The person whose name remains parties shall be bound by the arbitratorrules of the American Arbitration Association. (c) v. The arbitrator so selected shall confer with the representatives of the Board District and the Union Association and hold hearings promptly and shall issue his a decision not later than fifteen thirty (1530) school days from the date of the close of hearings or the hearings, or, if oral hearings have been waived, then · from the date the that final statements and proofs on the issues are submitted to himthe arbitrator. The arbitrator’s 's decision shall be in writing and shall set forth his the 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. Nor shall the arbitrator add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute the arbitrator's discretion for that of the District in any manner not specifically contracted away by the District. The decision of the arbitrator shall not add to, subtract from or modify be submitted to the provisions of this agreement District and the Association and shall be final and binding on the partiesparties within the scope of the arbitrator's authority. (d) vi. The cost for District and the services Association will share equally the costs of the arbitrator arbitrator, including per diem expenses, if any, the fee and actual expenses for travel and necessary travel, subsistence expenses and subsistence. The costs of presenting the cost of the hearing room case shall be borne equally by the Board and the party in interest. Any other expenses incurred shall be paid by the party incurring sameparty. (e) For grievances that occur vii. Litigation or are processed during June, July, and August ten (10) school days any other contest of the subject matter of a grievance in any court or other available forum shall mean ten (10) working daysconstitute an agreed waiver of arbitration.

Level Four - Arbitration. (a) a. If the aggrieved person Grievant(s) or the Union WEA is not satisfied with the disposition of the grievance by the superintendent or his designeeSuperintendent, the Union Grievant and the WEA shall meet to discuss the merits of submitting the grievance to arbitration. b. If the WEA determines that the grievance is meritorious, it may submit the grievance to arbitration by delivering a written request therefore to the Superintendent within five ten (510) school days after the date of the superintendentdelivery of the Superintendent’s step three answerdisposition in Level Three. (b) c. Within ten (10) school days after the date of delivery of the written notice request for arbitration to the Board or designee of submission to arbitrationDistrict, the Board WEA and the Union District shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties they are unable to agree upon to an arbitrator or to obtain such a commitment within the specified period, they agree to jointly submit a written request for a list of arbitrators shall be made to the Iowa Public Employment Relations Board by either partyfor a panel of seven (7) arbitrators. The list shall consist of Within five (5) arbitrators school days after receipt of the panel of arbitrators, the WEA and the parties District shall meet and determine by lot which party shall have the right to remove the first name from the list. The Immediately thereafter the parties shall alternately strike a name names from the list until only just one name remains. The person whose name remains , who shall be the arbitratorarbitrator and the parties shall immediately notify the PERB of their selection. (c) d. The arbitrator so selected shall confer with the designated representatives of the Board District and the Union WEA and hold hearings promptly promptly. The participants at any hearing shall be limited to not more than five (5) individual employee grievants, five (5) designated representatives of the WEA, and five (5) designated representatives of the District together with such witnesses of the parties in interest as may be required for a proper submission of the grievance. The District and the WEA shall jointly request the arbitrator to issue his his/her decision not later than fifteen within twenty (1520) school days from after the date of the close of hearings the hearing, or if oral hearings have been waived, then within twenty (20) days from the date the final statements that written briefs and proofs on the issues arguments are submitted to him/her by the parties. The arbitrator’s decision shall be in writing and shall set forth his his/her findings of fact, reasoning and conclusions on the issues submitted. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in the grievance or as determined by him/her after hearing the evidence. His/her decision must be based upon his/her interpretation of the meaning or application of the relevant language of the agreement. The decision of the arbitrator shall not add to, subtract from or modify be submitted to the provisions of this agreement District and the WEA and shall be final and binding on the parties. (d) e. The cost costs for the services service of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing room shall be borne equally by the Board District and the party in interestWEA. Any other expenses incurred shall be paid by the party in interest 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 aggrieved person or the Union grievant is not satisfied with the disposition of his/her or its grievance at Level Three, or if no written decision has been rendered within the grievance by the superintendent or his designeetime specified above, the Union may submit the grievance to arbitration grievant, may, within five (5) school days ten workdays of the superintendent’s step three answer. (b) Within issuance of the decision, if rendered, or within ten (10) school days after written notice to workdays of the last day that the Board or designee was required to render its decision, with the concurrence of submission to arbitrationthe Association, request non-binding arbitration of 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 partydispute. 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 request shall be in writing and addressed to the Superintendent/Principal. 17.4.4.1 An impartial arbitrator shall set forth his findings be selected jointly by the Association and the District within ten workdays of factreceipt of the written request. In the event that the parties cannot agree, reasoning the State Conciliation Service shall be requested to supply a panel of five names. Alternate names shall be stricken until only one remains unless both parties agree to reject the entire list and conclusions request a new list. 17.4.4.2 The fees and expenses of the arbitrator and a court reporter, if required by the arbitrator, shall be shared equally by the District and the Association. Any additional expenses shall be borne by the party incurring such expenses. 17.4.4.3 The arbitrator shall have no authority to add to, delete, or alter any provisions of this Agreement, but shall limit his/her decision to the application and interpretation of its provisions. Any financial reimbursement recommended by the arbitrator shall be based on the issues submittedterms of this Agreement. If any question arises as to the arbitrability of the grievance, the arbitrator will rule upon such questions only after he/she has had an opportunity to hear the merits of the grievance. 17.4.4.4 After hearing the evidence, the arbitrator shall submit his/her findings, conclusions, and recommendations, in writing, to the Board with a copy to the grievant and the Association. If the Governing Board is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence. 17.4.4.5 The Board shall consider the decision of the arbitrator shall and render its decision on the appeal not add to, subtract from or modify later than the provisions second regularly scheduled meeting after the filing of this agreement the arbitrator's decision 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.furnish all

Level Four - Arbitration. (a) a. If the aggrieved person or the Union is not satisfied with the disposition of this grievance at Level Three, or if no decision has been rendered within forty (40) work days after the grievance was delivered to the Board, he/she may, within five (5) work days after the by the superintendent Board or his designeeforty (40) work days after the grievance was delivered to the Board whichever is sooner, request in writing that the Union Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within five fifteen (515) school work days after receipt of a request by the aggrieved person and the Board shall be so notified. b. The parties shall then be bound by the rules and procedures of the superintendent’s step three answer. (b) Within ten (10) school days after written notice to the New Jersey State Board of Mediation 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 Commission in the selection 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 an arbitrator. (c) c. The arbitrator so selected shall confer with the representatives of the Board and the Union Association and hold hearings promptly and shall issue his his/her decision normally not later than fifteen thirty (1530) school days from the date of the close of the hearings or if oral hearings have been waived, then than 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 his/her findings of fact, reasoning and conclusions on the issues issue(s) 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 not add to, subtract from or modify be submitted to the provisions of this agreement Board and the Association and shall be final and binding on the parties. The arbitrator shall be limited to the issue(s) submitted to him/her and shall consider nothing else. He/she can add nothing to, nor subtract anything from, the Agreement between the parties. (d) d. The cost costs for the services of the arbitrator 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 interestAssociation. Any other expenses expense 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) a. If the aggrieved person or the Union is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered within forty-five (45) calendar days after the grievance was delivered to the Board of Education, it may, within five (5) school days after a decision by the superintendent Board of Education or his designeefifteen (15) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Union Association determines that the grievance is meritorious, it may submit the grievance to arbitration within five fifteen (515) school days after receipt of a request by the superintendent’s step three answeraggrieved person. (b) b. Within ten (10) school days after such written notice to the Board or designee of submission to arbitration, the Board and the Union 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 written request for a list of arbitrators shall may be made to the PERC (Public Employment Relations Board Commission) by either party. The list shall consist of five (5) arbitrators and the parties shall determine then be bound by lot which party shall have the right to remove rules and procedures of PERC in 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 selection of an arbitrator. (c) c. Grievances based solely upon terms and conditions of employment may be submitted to arbitration. All other grievances will terminate at the level of the Board of Education, Level Three. d. The arbitrator so selected shall confer with the representatives of the Board and the Union Association, and hold hearings promptly and shall issue his decision not no later than fifteen twenty (1520) school days from the date of the close of hearings or the hearing 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 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 not add to, subtract from or modify be submitted to the provisions of this agreement Board and the Association and shall be final and binding final. There shall be no further arbitration on the partiesthis same grievance which could result in legal action. (d) e. The cost costs for the services of the arbitrator 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 interestAssociation. 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 aggrieved person or the Union grievant is not satisfied with the disposition of his/her or its grievance at Level Three, or if no written decision has been rendered within the grievance by the superintendent or his designeetime specified above, the Union may submit the grievance to arbitration grievant, may, within five (5) school days ten workdays of the superintendent’s step three answer. (b) Within issuance of the decision, if rendered, or within ten (10) school days after written notice to workdays of the last day that the Board or designee was required to render its decision, with the concurrence of submission to arbitrationthe Association, request non-binding arbitration of 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 partydispute. 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 request shall be in writing and addressed to the Superintendent/Principal. 17.4.4.1 An impartial arbitrator shall set forth his findings be selected jointly by the Association and the District within ten workdays of factreceipt of the written request. In the event that the parties cannot agree, reasoning the State Conciliation Service shall be requested to supply a panel of five names. Alternate names shall be stricken until only one remains unless both parties agree to reject the entire list and conclusions request a new list. 17.4.4.2 The fees and expenses of the arbitrator and a court reporter, if required by the arbitrator, shall be shared equally by the District and the Association. Any additional expenses shall be borne by the party incurring such expenses. 17.4.4.3 The arbitrator shall have no authority to add to, delete, or alter any provisions of this Agreement, but shall limit his/her decision to the application and interpretation of its provisions. Any financial reimbursement recommended by the arbitrator shall be based on the issues submittedterms of this Agreement. If any question arises as to the arbitability of the grievance, the arbitrator will rule upon such questions only after he/she has had an opportunity to hear the merits of the grievance. 17.4.4.4 After hearing the evidence, the arbitrator shall submit his/her findings, conclusions, and recommendations, in writing, to the Board with a copy to the grievant and the Association. If the Governing Board is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence. 17.4.4.5 The Board shall consider the decision of the arbitrator and render its decision on the appeal not later than the second regularly scheduled meeting after the filing of the arbitrator’s decision and shall furnish all parties at interest with a copy of its decision, in writing. The decision of the arbitrator shall not add to, subtract from or modify the provisions of this agreement and Governing Board shall be final and binding on the partiesunless modified or overruled by a court of competent jurisdiction. (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.