Common use of Level Four - Binding Arbitration Clause in Contracts

Level Four - Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within fifteen (15) days after the Board hearing, the grievant may request in writing within fifteen (15) days that the Association submit the grievance to arbitration. If the Association rejects the request, the decision rendered by the Board, unless otherwise modified by mutual agreement, shall be the final determination. However, if the Association approves the request, the grievance shall be submitted to final and binding arbitration. The Association will notify the grievant, the Superintendent, and the Board of Education through the Superintendent's office of a request for arbitration within thirty (30) days after the Board's decision has been received by the grievant. A grievance may be submitted to binding arbitration under the following conditions: a. All steps provided for the grievance procedure must first be exhausted by both parties, unless waived by mutual agreement or otherwise stated in specific portions of this Agreement. b. The issue must be based upon a claim that the grievant has been treated unfairly or inequitably due to the application, interpretation, denial or alleged violation of a specific provision(s) of the Agreement. c. 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, either party may, within ten (10) school days of the appeal, request the Public Employees Relations Board to submit a list of five (5) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot, the order of elimination and thereafter each shall, that order, alternatively strike a name from the list and a fifth and remaining name shall act as the arbitrator. The parties shall then be bound by the American Arbitration Association rules. d. The arbitrator so elected, shall confer with representatives of the Board and the Association to establish a mutually agreed hearing date and shall issue the decision not later than thirty (30) days from the date of the close of the hearings. The arbitrator's decision shall be in writing and shall set forth his findings of facts, reasoning and conclusions on the issue submitted. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his discretion for that of the Board in any manner not specifically contracted away from the Board. The decision of the arbitrator within the scope of his authority shall be binding on the parties. e. The Board and the Association will share equally and jointly costs of the arbitration procedures, such as the fee and expense of the arbitrator and cost of the hearing room.

Level Four - Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within fifteen ten (1510) days after the Board hearing, the grievant Union may request in writing within fifteen (15) days that notify the Association District of its intent to submit the grievance to arbitration. If the Association rejects Union does not notify the requestDistrict of its intent to submit the grievance to arbitration within the time frames indicated herein, the decision rendered by the Board, unless otherwise modified by mutual agreement, shall be the final determination. However, if the Association approves the request, the grievance shall be submitted to final and binding arbitration. The Association will notify the grievant, the Superintendent, and the Board of Education through the Superintendent's office of a request for arbitration within thirty (30) days after the Board's decision has been received by the grievant. A grievance may be submitted to binding arbitration under the following conditions: a. All steps provided for in the grievance procedure must first be exhausted by both parties, unless waived by mutual agreement or otherwise stated in specific portions of this Agreement. b. The issue must be based upon a claim that the grievant aggrieved person(s) or the Union has been treated unfairly or inequitably due to the application, interpretation, denial denial, or alleged violation of a specific provision(s) of the this Agreement. c. 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, so either party may, within ten (10) school days of the appeal, request the Public Employees Employment Relations Board to submit a list of five seven (57) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot, lot the order of elimination elimination, and thereafter each shall, in that order, alternatively alternately strike a name from the list and a fifth the seventh and remaining name shall act as the arbitrator. The parties shall then be bound by the American Arbitration Association rules. d. The arbitrator so elected, elected shall confer with representatives of the Board and the Association Union to establish a mutually agreed hearing date and shall issue the decision not later than thirty (30) days from the date of the close of the hearings. The arbitrator's ’s decision shall be in writing and shall set forth his findings his/her finding of facts, reasoning and conclusions on the issue submitted. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his his/her discretion for that of the Board in any manner not specifically contracted away from the Board. The decision of the arbitrator within the scope of his his/her authority shall be binding on the parties. e. The Board and the Association Union will share equally and jointly costs of the arbitration procedures, such as the fee and expense expenses of the arbitrator and cost of the hearing room.

Level Four - Binding Arbitration. If a. Within 21 days after receiving the grievant is not satisfied with Board's decision, the disposition of Association shall notify the superintendent that the grievance at Level Three or if no decision has been rendered within fifteen (15) days after the Board hearing, the grievant may request in writing within fifteen (15) days that the Association submit the grievance to arbitration. If the Association rejects the request, the decision rendered by the Board, unless otherwise modified by mutual agreement, shall be the final determination. However, if the Association approves the request, the grievance shall be is being submitted to final and binding arbitration. The Association will notify the grievantWithin 14 days after such notice, the Superintendent, Board and the Board of Education through the Superintendent's office of a request for arbitration within thirty (30) days after the Board's decision has been received by the grievant. A grievance may be submitted Association shall attempt to binding arbitration under the following conditions: a. All steps provided for the grievance procedure must first be exhausted by both parties, unless waived by mutual agreement or otherwise stated in specific portions of this Agreement. b. The issue must be based agree upon a claim that mutually acceptable arbitrator and to obtain a commitment from the grievant has been treated unfairly or inequitably due arbitrator to the application, interpretation, denial or alleged violation of serve. If a specific provision(s) of the Agreement. c. When a timely request has been made for arbitrationmutually acceptable arbitrator is not secured, the parties or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, either party may, within ten (10) school days of the appeal, will request the Public Employees Relations Board to submit a list of five (5) arbitrators. As soon as the list has been received, the parties who reside in Oregon or their designated representatives shall determine by lotWashington and are AAA certified, the order of elimination and thereafter each shall, that order, alternatively strike a name from the list State Employment Relations Board, Conciliation Service Division and, upon receipt of the same, alternately strike names until one (1) remains, and a fifth and remaining name shall act as submit the arbitratormatter to arbitration. The parties arbitration shall then be bound by conducted in accordance with voluntary rules of the American Arbitration Association rules. d. (AAA). The arbitrator so elected, shall confer with the representatives of the Board and the Association to establish a mutually agreed hearing date and hold hearings promptly, and shall issue the a decision not later than thirty (30) 30 days from the date of the close closing of hearings, or if oral hearings have been waived, then from the date the final statements and proofs are submitted. b. No issue shall be arbitrated or subject to arbitration unless such issue results from an action which takes place following the execution date of this agreement, and no arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time prior to execution date or after the expiration date of this agreement. Grievances initiated in a timely manner under the terms of a prior agreement shall be continued in accordance with the terms of that agreement and any grievance initiated in a timely manner prior to the expiration of this agreement will be continued in accordance with the terms hereof. c. Cost of services of the hearings. The arbitrator's decision shall be in writing , including per diem expenses, travel and shall set forth his findings of facts, reasoning subsistence expenses and conclusions on the issue submitted. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his discretion for that cost of the hearing room, will be borne equally by the Board in any manner not specifically contracted away from and the BoardAssociation. All other costs will be borne by the party incurring them. d. The decision of the arbitrator within the scope of his authority shall be final and binding on upon the parties. e. The Board and the Association will share equally and jointly costs of the arbitration procedures; however, such as the fee and expense of the arbitrator and cost shall not have the authority to alter the terms of the hearing roomthis agreement or to rule in a manner that is contrary to state or federal law.

Level Four - Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within fifteen ten (1510) days after the Board hearing, the grievant Union may request in writing within fifteen (15) days that notify the Association District of its intent to submit the grievance to arbitration. If the Association rejects Union does not notify the requestDistrict of its intent to submit the grievance to arbitration within the time frames indicated herein, the decision rendered by the Board, unless otherwise modified by mutual agreement, shall be the final determination. However, if the Association approves the request, the grievance shall be submitted to final and binding arbitration. The Association will notify the grievant, the Superintendent, and the Board of Education through the Superintendent's office of a request for arbitration within thirty (30) days after the Board's decision has been received by the grievant. A grievance may be submitted to binding arbitration under the following conditions: a. All steps provided for in the grievance procedure must first be exhausted by both parties, unless waived by mutual agreement or otherwise stated in specific portions of this Agreement. b. The issue must be based upon a claim that the grievant aggrieved person(s) or the Union has been treated unfairly or inequitably due to the application, interpretation, denial denial, or alleged violation of a specific provision(s) of the this Agreement. c. 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, so either party may, within ten (10) school days of the appeal, request the Public Employees Employment Relations Board to submit a list of five seven (57) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot, lot the order of elimination elimination, and thereafter each shall, in that order, alternatively alternately strike a name from the list and a fifth the seventh and remaining name shall act as the arbitrator. The parties shall then be bound by the American Arbitration Association rules. d. The arbitrator so elected, elected shall confer with representatives of the Board and the Association Union to establish a mutually agreed hearing date and shall issue the decision not later than thirty (30) days from the date of the close of the hearings. The arbitrator's decision shall be in writing and shall set forth his findings of facts, reasoning and conclusions on the issue submitted. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his discretion for that of the Board in any manner not specifically contracted away from the Board. The decision of the arbitrator within the scope of his authority shall be binding on the parties. e. The Board and the Association will share equally and jointly costs of the arbitration procedures, such as the fee and expense of the arbitrator and cost of the hearing room.thirty