Common use of Level Four - Arbitration Clause in Contracts

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 time spent in processing a grievance in accordance with the provisions of this article. The time for a grievance meeting must be approved by the superintendent of schools and by the Union and/or the grievant. It may occur during or outside the school day. In the event a grievance meeting is scheduled and held during the school day, those employees covered by this Agreement who participate in such a meeting may do so without loss of pay. 3. No provision of this article shall be construed to prevent any individual employee covered by this Agreement from discussing any problem, dispute, or even a grievance as defined herein with any supervisor outside the presence of a representative of the Union. However, such discussion shall not relieve any party from compliance with other provisions of this article in the absence of an expressed written waiver of such provisions. 4. The parties hereby recognize the existence of Policies and Administrative Regulations of the School District to which the employees covered by this Agreement are bound, and which are subject to change by the School Trustees of the School District. The parties agree that any disputes arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed as a complaint on policy.

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 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 time spent in processing a grievance in accordance with the provisions of this article. The time for a grievance meeting must be approved by the superintendent of schools and by the Union and/or the grievant. It may occur during or outside the school day. In the event a grievance meeting is scheduled and held during the school day, those employees covered by this Agreement who participate in such a meeting may do so without loss of pay. 3. No provision of this article shall be construed to prevent any individual employee covered by this Agreement from discussing any problem, dispute, or even a grievance as defined herein with any supervisor outside the presence of a representative of the Union. However, such discussion shall not relieve any party from compliance with other provisions of this article in the absence of an expressed written waiver of such provisions. 4. The parties hereby recognize the existence of Policies and Administrative Regulations of the School District to which the employees covered by this Agreement are bound, and which are subject to change by the School Trustees of the School District. The parties agree that any disputes arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed as a complaint on policy.

Level Four - Arbitration. 1. In a. If the event Association is not satisfied with the disposition of the grievance is not settled at the previous levelLevel Three, 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 or if no decision has been 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) school days after the grievance was delivered to the Superintendent, the Association may proceed to arbitration by giving written notice thereof to the Superintendent within fifteen (15) school days after the decision at Level Three or twenty-five (25) school days after the grievance was presented at Level Three, whichever is sooner. Only the parties signatory to this Agreement shall have the right to proceed to arbitration and said right shall not accrue to an individual employee or group of employees. b. The parties shall be bound by the Union rules and procedures of the School District, each striking one (1) name from American Arbitration Association in the list selection of an arbitrator and in turn until only one (1) name remains. The Union shall strike firstthe conduct of arbitration. c) c. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The arbitrator shall not have jurisdiction to determine the arbitrability of issues before him/her but rather such issues shall be determined by the appropriate agency, quasi-judicial, or judicial body. The arbitrator can add nothing to nor subtract anything from the Agreement between the parties or any policy of the Board or any administrative decision. The arbitrator shall be without power or authority to modify, amend, alter, add to, make any decision which requires the commission of any act prohibited by law or delete from any provisions which is violative of the terms of this Agreement. An arbitrator in . d. Where the absence grievance concerns an alleged improper interpretation, application or violation of this Agreement the decision 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 arbitrator shall be final and binding on upon the parties parties. Where a grievance concerns an alleged improper application of policies of the Board or administrative decisions, the decision of the arbitrator shall be advisory only. The decision shall be transmitted only to this Agreement unless he/she exceeds the powers specified hereinBoard, or is guilty of procedural error prejudicing the rights of either party as defined by Federal Labor Law decisionsAssociation and the aggrieved person. e) e. The expenses costs for the services of arbitrationthe arbitrator, including the arbitrator's fee, cost and per diem expenses, if any, any actual and necessary travel, subsistence expenses and the cost of the arbitrator's transcript hearing room, shall be borne exclusively equally by the party that has not prevailedBoard and the Association. All Any other expenses incurred by either party in the preparation or presentation of its case are to shall be borne solely paid by the party incurring such expensessame. 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 time spent in processing a grievance in accordance with the provisions of this article. The time for a grievance meeting must be approved by the superintendent of schools and by the Union and/or the grievant. It may occur during or outside the school day. In the event a grievance meeting is scheduled and held during the school day, those employees covered by this Agreement who participate in such a meeting may do so without loss of pay. 3. No provision of this article shall be construed to prevent any individual employee covered by this Agreement from discussing any problem, dispute, or even a grievance as defined herein with any supervisor outside the presence of a representative of the Union. However, such discussion shall not relieve any party from compliance with other provisions of this article in the absence of an expressed written waiver of such provisions. 4. The parties hereby recognize the existence of Policies and Administrative Regulations of the School District to which the employees covered by this Agreement are bound, and which are subject to change by the School Trustees of the School District. The parties agree that any disputes arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed as a complaint on policy.

Level Four - Arbitration. 1. In If the event School Board declines to review the superintendent’s decision, or if the grievance is not settled at the previous levelin Level Three of this grievance procedure, the aggrieved party grievance may elect be appealed to arbitration of the unresolved grievance in accordance with the following provisionsprovided: a) Not later than a. Written notice of a request for arbitration is made to the superintendent by the Union within ten (10) work days after of receipt of their answer in Level Three. b. The issue must involve the superintendent interpretation, application, or violation of a specific provision(s) of the Agreement. When a request for arbitration has rendered his decision been made within the time frame provided within this procedure, the parties or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, 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 may within ten (10) work days of the Union grievance committee. If appeal, request the Union requests arbitration, the chairman of the Union grievance committee shall send the informative notice Employment Relations Board (ERB) to the superintendent of schools. b) The parties will jointly request from the submit a list of seven (7) arbitrators from which arbitrators. As soon as the arbitrator list has been received, the parties or their designated representatives shall be selected. Such selection shall be accomplished within ten (10) days determine by lot the Union order of elimination and the School Districtthereafter each shall, each striking one (1) in that order, alternately strike a name from the list in turn until only one (1) and the fifth and remaining name remainsshall act as the arbitrator. The Union shall strike first. c) The arbitrator shall not have schedule a hearing on the authority grievance and, after hearing such evidence as the parties desire to modifypresent, amendshall render a written decision to the employee, alterthe Union, add to, or delete from any provisions of this Agreementand the District. An The arbitrator in the absence of the expressed written Agreement of both parties shall have no authority power to rule on any dispute between substitute their discretion for that of the parties other than Board as part of the dispute which was originally processed. d) Agreement. A decision of the arbitrator shall, within the scope of their authority, be binding upon the parties. Procedures shall follow ERB rules unless herein designated otherwise. The cost for the services of 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 per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the arbitrator's transcript hearing room shall be borne exclusively equally by the party that has not prevailedboth parties. All Any other expenses incurred by either party in the preparation or presentation of its case are to shall be borne solely paid by the party incurring such expensessame. 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 time spent in processing a grievance in accordance with the provisions of this article. The time for a grievance meeting must be approved by the superintendent of schools and by the Union and/or the grievant. It may occur during or outside the school day. In the event a grievance meeting is scheduled and held during the school day, those employees covered by this Agreement who participate in such a meeting may do so without loss of pay. 3. No provision of this article shall be construed to prevent any individual employee covered by this Agreement from discussing any problem, dispute, or even a grievance as defined herein with any supervisor outside the presence of a representative of the Union. However, such discussion shall not relieve any party from compliance with other provisions of this article in the absence of an expressed written waiver of such provisions. 4. The parties hereby recognize the existence of Policies and Administrative Regulations of the School District to which the employees covered by this Agreement are bound, and which are subject to change by the School Trustees of the School District. The parties agree that any disputes arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed as a complaint on policy.

Level Four - Arbitration. 1. In a. If the event Association is not satisfied with the disposition of the grievance is not settled at Level Three, or if no decision has been rendered within 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) school days after the superintendent has rendered his decision either party shall inform grievance was delivered to the other party, in writing, of their intent to request arbitration. If the School District requests arbitrationSuperintendent, the superintendent shall send his informative Association may proceed to arbitration by giving written notice thereof to the chairman Superintendent within fifteen (15) school days after the decision at Level Three or twenty-five (25) school days after the grievance was presented at Level Three, whichever is sooner. Only the parties signatory to this Agreement shall have the right to proceed to arbitration and said right shall not accrue to an individual employee or group of employees. b. The parties shall be bound by the rules and procedures of the Union grievance committee. If American Arbitration Association in the Union requests selection of an arbitrator and in the conduct of arbitration, the chairman of the Union grievance committee shall send the informative notice to the superintendent of schools. b) c. The parties will jointly request from the list of seven (7) arbitrators from which the arbitrator shall be selectedlimited to the issues submitted and shall consider nothing else. 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 jurisdiction to determine the arbitrarily of issues before him/her but rather such issues shall be determined by the appropriate agency, quasi-judicial, or judicial body. The arbitrator can add nothing to nor subtract anything from the Agreement between the parties or any policy of the Board or any administrative decision. The arbitrator shall be without power or authority to modifymake any decision, amendwhich requires the commission of any act, alter, add to, prohibited by law or delete from any provisions which is violative of the terms of this Agreement. An arbitrator in . d. Where the absence grievance concerns an alleged improper interpretation, application or violation of this Agreement the decision 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 arbitrator shall be final and binding on upon the parties parties. Where a grievance concerns an alleged improper application of policies of the Board or administrative decisions, the decision of the arbitrator shall be advisory only. The decision shall be transmitted only to this Agreement unless he/she exceeds the powers specified hereinBoard, or is guilty of procedural error prejudicing the rights of either party as defined by Federal Labor Law decisionsAssociation and the aggrieved person. e) e. The expenses costs for the services of arbitrationthe arbitrator, including the arbitrator's fee, cost and per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the arbitrator's transcript hearing room, shall be borne exclusively equally by the party that has not prevailedboard and the Association. All any other expenses incurred by either party in the preparation or presentation of its case are to shall be borne solely paid by the party incurring such expensessame. 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 time spent in processing a grievance in accordance with the provisions of this article. The time for a grievance meeting must be approved by the superintendent of schools and by the Union and/or the grievant. It may occur during or outside the school day. In the event a grievance meeting is scheduled and held during the school day, those employees covered by this Agreement who participate in such a meeting may do so without loss of pay. 3. No provision of this article shall be construed to prevent any individual employee covered by this Agreement from discussing any problem, dispute, or even a grievance as defined herein with any supervisor outside the presence of a representative of the Union. However, such discussion shall not relieve any party from compliance with other provisions of this article in the absence of an expressed written waiver of such provisions. 4. The parties hereby recognize the existence of Policies and Administrative Regulations of the School District to which the employees covered by this Agreement are bound, and which are subject to change by the School Trustees of the School District. The parties agree that any disputes arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed as a complaint on policy.

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 gv 10/14/2015 1:51 PM gv 10/14/2015 2:07 PM gv 10/14/2015 2:07 PM gv 10/14/2015 2:07 PM gv 10/14/2015 2:07 PM 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 time spent in processing a grievance in accordance with the provisions of this article. The time for a grievance meeting must be approved by the superintendent of schools and by the Union and/or the grievant. It may occur during or outside the school day. In the event a grievance meeting is scheduled and held during the school day, those employees covered by this Agreement who participate in such a meeting may do so without loss of pay. 3. No provision of this article shall be construed to prevent any individual employee covered by this Agreement from discussing any problem, dispute, or even a grievance as defined herein with any supervisor outside the presence of a representative of the Union. However, such discussion shall not relieve any party from compliance with other provisions of this article in the absence of an expressed written waiver of such provisions. 4. The parties hereby recognize the existence of Policies and Administrative Regulations of the School District to which the employees covered by this Agreement are bound, and which are subject to change by the School Trustees of the School District. The parties agree that any disputes arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed as a complaint on policy.