Common use of Level Four - Arbitration Clause in Contracts

Level Four - Arbitration. a. If the aggrieved person and the Association are not satisfied with the disposition of the grievance by the Superintendent, or if no disposition has been made within the time limits, the aggrieved person and the Association shall meet within five (5) school days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration. b. If the aggrieved person and the Association determine that the grievance is meritorious, he/she may submit the grievance to arbitration within five (5) school days of the meeting date. c. Within ten (10) school days after written notice to the Superintendent of submission to arbitration, the Superintendent and Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator, or to obtain such a commitment within the specified time period, either party shall make a written request for a list of arbitrators to the Public Employment Relations Board. The list shall consist of seven (7) arbitrators and the party shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days and the other party shall have one (1) additional school day to remove one (1) of the six (6) remaining names. The parties shall alternate removing names with one day for each name removed. The person whose name remains shall be the arbitrator. d. The arbitrator so selected shall confer with the Superintendent and the Association, and hold hearings promptly at a mutually agreed time, and shall issue his decision not later than fifteen

Level Four - Arbitration. a. (a) If the aggrieved person and the Association are not satisfied with the disposition of the grievance by the Superintendent, or if no disposition has been made within the time limits, the aggrieved person and the Association shall meet within five (5) school days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration. b. (b) If the aggrieved person and the Association determine that the grievance is meritorious, he/she may submit the grievance to arbitration within five (5) school days of the meeting date. c. (c) Within ten (10) school days after written notice to the Superintendent of submission to arbitration, the Superintendent and Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator, or to obtain such a commitment within the specified time period, either party shall make a written request for a list of arbitrators to the Public Employment Relations Board. The list shall consist of seven (7) arbitrators and the party shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days and the other party shall have one one (1) additional school day to remove one (1) of the six (6) remaining names. The parties shall alternate removing names with one day for each name removed. The person whose name remains shall be the arbitrator. d. (d) The arbitrator so selected shall confer with the Superintendent and the Association, and hold hearings promptly at a mutually agreed time, and shall issue his decision not later than fifteen

Level Four - Arbitration. a. If the aggrieved person and the Association are not satisfied with the disposition of the grievance by the Superintendent, or if no disposition has been made within the time limits, the aggrieved person and the Association shall meet within five (5) school days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration. b. If the aggrieved person and the Association determine that the grievance is meritorious, he/she may submit the grievance to arbitration within five (5) school days of the meeting date. c. Within ten (10) school days after written notice to the Superintendent of submission to arbitration, the Superintendent and Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator, or to obtain such a commitment within the specified time period, either party shall make a written request for a list of arbitrators to the Public Employment Relations Board. The list shall consist of seven (7) arbitrators and the party shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days and the other party shall have one (1) additional school day to remove one (1) of the six (6) remaining names. The parties shall alternate removing names with one day for each name removed. The person whose name remains shall be the arbitrator. d. The arbitrator so selected shall confer with the Superintendent and the Association, and hold hearings promptly at a mutually agreed time, and shall issue his decision not later than fifteenfifteen (15) school 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 him. The arbitrator’s decision shall be in writing and shall be submitted to the Board and the Association and shall be final and binding on the parties. e. The costs of the service 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. The party incurring same shall pay any other expenses incurred.