Common use of Level Four - Binding Arbitration Clause in Contracts

Level Four - Binding Arbitration. a. If the grievant is not satisfied with the response received from the Superintendent in Level Three, he/she may, within five (5) days of the receipt of such written response, request the London Education Association to support arbitration of said grievance. b. If the London Education Association elects to support arbitration of said grievance, the Association President or his/her designee shall so inform the Superintendent, in writing, within ten (10) days of the grievant's receipt of the written disposition of said grievance made by the Superintendent at Level Three of the Grievance Procedure. c. No member of the bargaining unit shall have the authority or the power to initiate or prosecute the arbitration of a grievance without the expressed approval and representative participation of the London Education Association. d. The arbitrator shall be mutually selected by the Superintendent and the Association from names submitted by the American Arbitration Association (AAA) according to the Voluntary Rules and Regulations of the American Arbitration Association. If the Association and Superintendent are unable to arrive at a mutually acceptable Arbitrator, the selection shall be made in accordance with the rules and regulations of the American Arbitration Association. e. The parties to the grievance and to this Agreement shall submit themselves to the authority of the arbitrator to hold such hearings as he/she deems necessary for finding of fact and rendering a decision to the grievance as stated on the initial grievance form in accordance with the rules, regulations, and procedures of the American Arbitration Association. Said hearing shall be scheduled so as not to disrupt the normal operations of the school, when possible. f. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Contract, nor add to, detract from or modify the language there in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself only to the precise issue(s) so submitted to him/her. g. The decision of the arbitrator shall be final and binding for all parties. h. The loser, to be specifically designated by the arbitrator, shall pay the fees and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. Each party, however, shall be responsible for the fees and expenses of its representatives (s). Costs of a reporter and/or copies of a transcript of the arbitration hearing shall be borne by the party(ies) requesting service and/or receiving copies of the transcript.

Level Four - Binding Arbitration. a. If In the grievant event that the employee is not satisfied with the response received from the Superintendent in disposition of his/her grievance at Level Three, he/she may, the Association may submit the grievance for binding arbitration. b. The Association must notify the Superintendent of Schools in writing of its intention to submit a grievance for binding arbitration within thirty (30) calendar days following receipt by the aggrieved of the decision at Level Three and must commence the process for arbitration within five (5) calendar days of the following receipt of such written response, request the London Education Association to support arbitration of said grievance. b. If the London Education Association elects to support arbitration of said grievance, the Association President or his/her designee shall so inform notification by the Superintendent, in writing, within ten (10) days of the grievant's receipt of the written disposition of said grievance made by the Superintendent at Level Three of the Grievance Procedure. c. No member The Association may submit a grievance for arbitration to a Committee of Three, or if requested by either the bargaining unit shall have the authority Association or the power Board, to initiate or prosecute the arbitration of a grievance without the expressed approval and representative participation of the London Education Association. d. The arbitrator shall be mutually selected by the Superintendent and the Association from names submitted by the American Arbitration Association (AAA) according or, at the option of the Association, to the Voluntary Rules and Regulations of Alternative Dispute Resolution Center. If a grievance is submitted to the American Arbitration Association or, at the option of the Association. If , to the Alternative Dispute Resolution Center, the Board and the Association may choose expedited arbitration provided they mutually agree to do so. d. A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are experienced, impartial and disinterested parties of recognized competence. e. If the Parties are unable to arrive at agree upon a mutually acceptable ArbitratorCommittee within five (5) calendar days following receipt by the Superintendent of notification from the Association of its intention to submit the grievance for arbitration, the selection Association shall be made submit the grievance immediately to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center for binding arbitration in accordance with its administrative procedures, practices and rules. f. The Committee or the rules and regulations arbitrator shall receive evidence of the American Arbitration Association. e. The parties facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render to the Superintendent, the Board, and the Association a finding of the facts relating to the grievance and to a decision whether a specific provision of this Agreement was misinterpreted. g. The Committee or the arbitrator shall submit themselves to the authority hear and decide only one grievance in each case, shall be bound by and must comply with all of the arbitrator to hold such hearings as he/she deems necessary for finding of fact and rendering a decision to the grievance as stated on the initial grievance form in accordance with the rules, regulations, and procedures terms of the American Arbitration Association. Said hearing Agreement and shall be scheduled so as not to disrupt the normal operations of the school, when possible. f. The arbitrator shall not have the authority no power to add to, subtract delete from, modify, change or alter modify in any way any of the provisions of this Collective Bargaining Contract, nor add to, detract from or modify the language there in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed hereinAgreement. The arbitrator shall expressly confine himself/herself only to the precise issue(s) so submitted to him/her. g. The decision of the Committee or the arbitrator shall be final binding upon both parties and binding for all partiesemployees during the life of this Agreement, unless the same is contrary to law. h. The loser, to be specifically designated by the arbitrator, shall pay the fees All costs and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. Each party, however, shall be responsible for the fees and expenses of its representatives (s). Costs services of a reporter and/or copies of a transcript of the arbitration hearing Committee or an arbitrator shall be borne equally by the party(ies) requesting service and/or receiving copies of Board and the transcriptAssociation.