Level Four - Impartial Arbitration. (a) In the event that the aggrieved unit member is not satisfied with the disposition of the grievance at Level Three, or in the event no decision has been rendered within twenty (20) school days after he/she has first met with the Board Committee, the unit member may, within five (5) school days after a decision by the Board or twenty-five (25) school days after he or she has first met with the Board committee, whichever is sooner, present a request in writing to the chairperson of the SEA Grievance Committee to carry the grievance to arbitration. The Association may then file a demand for arbitration. Any demand for arbitration shall be filed by the SEA within thirty (30) days of receipt of the Board’s decision, with simultaneous written notice to the Board.
(b) The parties shall be governed by the rules and regulations of the American Arbitration Association in the selection and designation of an arbitrator.
(c) The arbitrator so selected shall confer with representatives of the Board, the aggrieved unit member, and the chairperson of the SEA Grievance Committee and hold hearings promptly and shall issue a decision not later than twenty (20) days from the date of the closing of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision or recommendations, which require the commission of an act prohibited by laws or which violates, modifies, alters or changes the terms of this Agreement.
(d) Where the grievance involves an alleged violation, misinterpretation or misapplication of the provisions of this Agreement, then the arbitrator may render a decision which shall be final and binding on the parties; however, where the grievance involved an alleged violation, misinterpretation or misapplication of the rules, regulations, administrative directives or policies of the Board, then the recommendation or decision of the arbitrator shall be advisory. Said decision or recommendation of the arbitrator shall be submitted to the Board, the aggrieved unit member(s) and the chairperson of the SEA Grievance Committee.
(e) Cost of such arbitrator shall be equally borne financially by the SEA and the Board.
Level Four - Impartial Arbitration a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may, within five (5) days after the decision, or within ten (10) days after the Board meeting, request in writing to the Association that his/her grievance be submitted to arbitration. The Association shall within five (5) days after receipt of such request, if the Association determines that the grievance is meritorious, submit the grievance to arbitration by so notifying the Board in writing.
b. The Chairperson of the Board and the President of the Association or representative of the aggrieved shall within five (5) days after such written notice meet and attempt to jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within five (5) days following the meeting, they shall immediately request the American Arbitration Association to propose names of seven (7) arbitrators. Within five (5) days of receipt of the names of the proposed arbitrators, the parties shall meet to select a single arbitrator by alternately striking names from the list provided.
c. The arbitrator selected shall confer promptly with the representatives of both parties in interest, shall review the record of the prior hearings, and shall hold further hearings with the aggrieved person and other parties in interest as he/she shall deem requisite.
d. The arbitrator shall, within thirty (30) days after his/her meeting with both parties, render his/her decision in writing to all parties in interest, setting forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make a decision which requires the commission of an act prohibited by law or which violates the Agreement. The decision of the arbitrator shall be submitted to both parties and shall be final and binding on the parties, subject only to judicial review.
e. The costs for the services of the arbitrator will be born equally by both parties to the arbitration.
Level Four - Impartial Arbitration a. If the grievance is not settled at Level Three, it may be submitted, at the request of the Association only, to arbitration. The parties may select an arbitrator by mutual agreement to hear the grievance, and retain him or her privately. If the parties cannot agree on an arbitrator within ten days of the Association informing the Superintendent of the Association’s intent to pursue the grievance to arbitration, the Association shall file the grievance with the American Arbitration Association. Under these circumstances, the Arbitrator shall be selected from a list submitted by the American Arbitration Association and the arbitration shall be conducted in accordance with their rules and regulations. The Association's request for arbitration shall be in writing and must be filed with the American Arbitration Association no later than ten (10) days after receipt of the written answer or within thirty (30) days of submission to the Board, whichever is sooner.
b. The arbitrator designated shall hear and decide only one (1) grievance at a time. The award shall be final and binding as provided by law. The arbitrator shall be bound by and must comply with all the terms of this Agreement and shall have no power to add to, subtract from, or in any way modify the provisions of this Agreement. The cost of arbitration shall be borne equally by both parties.
Level Four - Impartial Arbitration. 1. If the aggrieved person is not satisfied with the disposition of her grievance at level three, she may within three days after the decision, or within six days after the school committee meeting, request in writing that her grievance be submitted to arbitration.
2. The chairperson of the Westwood School Committee and the Mass Laborers' District Council will, within ten days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within ten days, the American Arbitration Association will immediately be called upon to select one.
3. The arbitrator selected will confer promptly with the representatives of the school committee and the Westwood Cafeteria Association, review the record of prior hearings, and will hold such further hearings with the aggrieved person and other parties in interest as he will deem requisite, and will render a decision in writing within thirty days.
4. The scheduling of hearings by the arbitrator will occur on weekdays between 4:30 p.m. and 10:00 p.m. except at other times agreed upon by the school committee and the Westwood Cafeteria Association.
5. The Arbitrator's Fee shall be shared equally.
Level Four - Impartial Arbitration a. If the grievance is not settled, it may be submitted at the request of the Association only, to arbitration. The arbitrator shall be selected from a list submitted by the American Arbitration Association and the arbitration shall be conducted in accordance with their rules and regulations. The Association's request for arbitration shall be in writing and must be filed with the American Arbitration Association no later than ten (10) school days after receipt of the written answer of the Board under Level Three above.
b. The arbitrator shall hear and decide only one (1) grievance at a time. His/her award shall be final and binding as provided by law. He/she shall be bound by and must comply with all the terms of this Agreement and shall have no power to add to, subtract from, or in any way modify the provisions of this Agreement. The cost of arbitration shall be borne equally by both parties.
D. The time limits specified herein may be extended by mutual agreement.
E. In the event a grievance is filed on or after June 1, the time limits set forth herein may be reduced by mutual agreement between the administration and the party that filed the grievance so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as practicable.
F. No reprisals of any kind shall be taken by the Board or by any member of the administration against anyone by reason of participation in the grievance procedure or support of any participant therein.
Level Four - Impartial Arbitration. (a) If the Association is not satisfied with the disposition of the grievance at Level Three, it may, within ten (10) days after receipt of the decision, submit the grievance to arbitration by so notifying the Board in writing. The representatives of the Board and the Association shall, within (10) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within ten (10) days, the American Arbitration Association shall immediately be called upon to select one.
(b) The arbitrator selected shall confer promptly with the representatives of the Board and the Association, shall review the record of the prior meetings with the aggrieved person and other parties in interest and hold hearings as the arbitrator shall deem requisite.
(c) The arbitrator shall render a decision in writing to all parties in interest, setting forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power to add to, subtract from, or modify the provisions of this Agreement, and shall confine any decision to the meaning of the specific written provision of this Agreement which gave rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, or violates the terms of this Agreement. The Arbitrator’s decision will be binding, subject to judicial review.
Level Four - Impartial Arbitration a. If the Association is not satisfied with the disposition of the grievance at Level Three, the Association may, within ten (10) days, submit the grievance to arbitration by so notifying the Superintendent in writing.
b. The Board Chair or designee and the President of the Association or designee shall, within ten (10) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within ten (10) days, they shall request the American Arbitration Association to utilize its rules and procedures for the selection of an arbitrator.
c. The arbitrator selected shall confer promptly with the Board, representatives of the Association, and the arbitrator shall review the record of the prior meetings and shall hold such meetings with the aggrieved person and other parties in interest, as he/she shall deem requisite.
d. The arbitrator shall, as soon as practicable after his selection, render his decision, in writing, to the parties in interest, setting forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power to add to, subtract from, or modify the provisions of this Agreement, and shall confine any decision to the meaning of the specific written contract provision which gives rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, interferes with the statutory duties of the Board, or violates the terms of this Agreement. The arbitrator's decision will be binding, subject to judicial review.
e. The cost of the services of the arbitrator shall be borne equally by the Board and the Association consistent with the state statutes.
Level Four - Impartial Arbitration a. If the Association is not satisfied with the disposition of the grievance at Level Three, it may, within ten (10) days, submit the grievance to arbitration by so notifying the Board in writing.
b. The Chairman of the Board and the aggrieved party shall, within ten
Level Four - Impartial Arbitration. In the event that the grievant is not satisfied with the disposition of his/her grievance at Level Three, or in the event no decision has been rendered within ten (10) days after he/she has first met with the Board, he/she may, within five (5) days after a decision by the Board or fifteen (15) days after he has first met with Board or representative committee, whichever is sooner, present a request in writing to the Association President and the Chairman of such other Association Committee established to administer the grievance procedure to submit his/her grievance to arbitration. If the Association determines the grievance is meritorious and that submitting it to arbitration is in the best interest of the Berlin School System, it may submit the grievance to final and binding arbitration within fifteen (15) days of receipt of the request.
Level Four - Impartial Arbitration a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within ten (10) days, the aggrieved may file a request for arbitration with the Association.
b. The Association may submit the grievance to arbitration by written notice to the Board Chairperson, and by filing a request for arbitration with the American Arbitration Association pursuant to its rules. Such notice and request for arbitration shall be given within fifteen (15) days after receipt of written decision at Level Three or, if no decision is given, within fifteen (15) days after the decision was due.
c. The arbitrator shall act in accordance with the AAA rules and shall be without power or authority to add to, delete from or modify this agreement or to make any decision which requires the commission of an act prohibited by law or which is in violation of the Agreement. Such decision shall be final and binding, except as otherwise provided by law.
d. The expense of such arbitration shall be borne equally by the Board and the Association.
