Common use of Level Four - Impartial Arbitration Clause in Contracts

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) In the event that the aggrieved unit member is If not satisfied with the disposition of the grievance at Level Three, or in the event if no decision has been rendered within fifteen (15) school days after the first meeting with the Board/Committee, the aggrieved person may, within five (5) days after a decision by the Board/Committee or twenty (20) school days after he/she has the first met meeting with the Board 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 the Association to submit his/her grievance to arbitration. b) If the chairperson Association determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of the SEA Grievance Committee to carry school system, then the Association may submit the grievance to arbitration within fifteen (15) days after receipt of a request by the aggrieved person. c) The Association may submit any grievance based upon the interpretation, meaning or application of any of the provisions of this agreement to arbitration by so notifying the Board, in writing. Within five (5) days after written notice of such arbitration, representatives of the Board and the Association shall meet to agree upon and select an arbitrator or arbitrators. If the parties cannot agree upon an arbitrator or arbitrators at this meeting, the grievance shall be submitted to the American Dispute Resolution Center, Inc. (ADRC) by the Association, by filing a demand for arbitration under the Voluntary Labor Arbitration Rules of the American Dispute Resolution Center, Inc. (ADRC) requesting arbitration, or, by mutual agreement, expedited arbitration. The Association may then file a demand for arbitration. Any demand for arbitration shall be filed by conducted in accordance with the SEA within thirty (30) days of receipt of the Board’s decisionadministrative procedures, with simultaneous written notice to the Board. (b) The parties shall be governed by the practices and rules and regulations of the American Arbitration Association in the selection and designation of an arbitratorDispute Resolution Center, Inc. (ADRC). (cd) The arbitrator so selected shall confer promptly with representatives of the BoardBoard and the Association, shall review the record of prior hearings, and shall hold such further hearings with the aggrieved unit member, teacher and other parties in interest as the chairperson of the SEA Grievance Committee and hold hearings promptly and arbitrator shall issue a decision not later than twenty (20deem requisite. e) 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 bound by the labor arbitration rules of the American Dispute Resolution Center, Inc. (ADRC). The decision of the arbitrator shall be final and binding upon all parties and shall be the exclusive remedy for breach of this agreement, except that the parties do not waive their legal right to appeal the arbitrator's award pertaining to such grievance as permitted by law. f) The costs for the services of the arbitrator, including per diem expenses if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association. g) The parties recognize that the Board is legally charged with the responsibility of operating the school system. The sole power of the arbitrators shall be to determine whether the terms of this Agreement have been misinterpreted or inequitably applied and the arbitrator shall have no 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 amends any terms of this Agreement or which violates the terms of this Agreement or which is violative of the terms of this Agreement. The arbitrator shall not substitute his judgment for that of the Board where the Board's action is not unreasonable except in the following circumstances: 1) Where an issue to be determined by the arbitrator is an issue of fact; 2) Where the issue before the arbitrator involves the interpretation of 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) In the event that If the aggrieved unit member person is not satisfied with the disposition of the his/her 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 decision, or within eight (8) days after the Board or twenty-five (25) school days after he or she has first met with the Board committeemeeting, whichever is sooner, present a request in writing to the chairperson President of the SEA Grievance League that his/her grievance be submitted to arbitration. (b) The League may, within ten (10) days after receipt of such request, if the PR&R Committee to carry formally determines that the grievance is meritorious and recommends such action, submit the grievance to arbitration by so notifying the Board in writing, with a copy to the Superintendent. (c) Upon the filing of a grievance to arbitration. The Association may then file , representatives of the Board and the League shall confer regarding the selection of a demand for arbitrationmutually acceptable impartial arbitrator. Any demand for arbitration arbitrator so selected shall be filed bound by the SEA American Arbitration Association Voluntary Labor Arbitration Rules. In the event that the parties cannot agree on an arbitrator within ten (10) days following receipt of the arbitration filing, the matter shall be submitted to the American Arbitration Association under its Voluntary Labor Arbitration Rules. (d) The arbitrator selected shall confer promptly with the representatives of the Board and PR&R Committee, shall review the record of prior hearings, and shall hold such further hearings with the aggrieved person and other parties in interest as he/she shall deem requisite. (e) The arbitrator shall, within thirty (30) days of receipt of after the Board’s decisionhearing, with simultaneous written notice render his/her decision in writing to the Board. (b) The parties shall be governed by the rules League 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 setting forth the his/her findings of fact, reasoning and conclusions on the issues submittedconclusions. The arbitrator shall be without hear and decide only one grievance in each case. The arbitrator or arbitrators shall have no power or authority in any matter to make an award which amends, adds to, subtracts from or eliminates any decision provision of this Agreement. The arbitrator or recommendations, which require the commission of an act prohibited arbitration panel shall be bound by laws or which violates, modifies, alters or changes and must comply with all the terms of this Agreement. (d) Where the grievance involves an alleged violation, misinterpretation or misapplication contract. The decision of the provisions of this Agreement, then the arbitrator may render a decision which shall be final and binding on all parties. (f) The costs for 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 services of the arbitrator shall be advisory. Said decision or recommendation of borne equally by the arbitrator shall be submitted to the Board, the aggrieved unit member(s) Board and the chairperson of the SEA Grievance CommitteeLeague. (e) Cost of such arbitrator shall be equally borne financially by the SEA and the Board.

Level Four - Impartial Arbitration. (ai) In the event that the aggrieved unit member teacher or the Association is not satisfied with the disposition of the his grievance at Level Three, or in the event no decision has been rendered within twenty fifteen (2015) school days after he/she has he first met with the Board Committeecommittee, the unit member he/it may, within five (5) school days after a decision by the Board or twenty-five twenty (2520) 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 PR&R Chairman to carry the submit his grievance to arbitration. . (ii) The Association may then file shall have ten (10) days to submit 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 (AAA) and will send a copy of the demand to the Superintendent of Schools. Only the Association may submit a grievance to impartial arbitration. Within the ten (10) days following the submission to AAA, the Association and the Board may agree upon the Arbitrator to hear and decide the dispute, and shall so notify the AAA. Otherwise the parties agree to abide by the voluntary arbitration rules of AAA in the selection and designation of an arbitratorarbitrator and the procedures to be followed in arbitration. (ciii) The arbitrator so selected shall confer with the representatives of the Board, the aggrieved unit member, teacher and the chairperson appropriate representative of the SEA Grievance Committee Association, and hold hearings promptly promptly, and unless extended by mutual agreement, shall issue a his decision not later than twenty (20) days from the date of the closing of the hearings, hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted. submitted to him. (iv) The arbitrator’s 's decision shall be in writing and shall set forth the his 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 requires the commission of an act prohibited by laws law or which violates, modifies, alters or changes violates the terms of this Agreement. (d) Where . The arbitrator shall not usurp the grievance involves an alleged violation, misinterpretation or misapplication functions of the provisions Board or the proper exercise of its judgment and discretion under law and under this Agreement, then and 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 final and binding. (v) The costs for the services of the arbitrator including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be submitted to borne equally by the Board, the aggrieved unit member(s) Board and the chairperson of the SEA Grievance CommitteeAssociation. (e) Cost of such arbitrator shall be equally borne financially by the SEA and the Board.

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-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. (a1) In If the event that the aggrieved unit member grievance is not satisfied with the disposition of the grievance resolved at Level Three, or in the event if no decision has been is rendered within twenty (20) school ten days after he/she has first met of the meeting with the Board Committeeunder Level Three, the unit member may, within five (5) school days after a decision by aggrieved person shall have the Board or twenty-five (25) school days after he or she has first met with right to request the Board committee, whichever is sooner, present a request in writing Association to the chairperson of the SEA Grievance Committee to carry submit the grievance to arbitration. The Association may then file a demand for arbitration. Any demand for arbitration ; provided, however, such request shall be filed by the SEA in writing and shall be made within thirty (30) five days of receipt a decision under Level Three, or within fifteen days of the Board’s meeting with the Board under Level Four if there is no decision, with simultaneous written notice to the Board. (b2) The Within fifteen days after receiving the request, the Association shall decide whether to submit the grievance to arbitration. (3) If the Association decides to submit the grievance to arbitration, it shall notify the Board in writing. Within ten days of notification, the Board and the Association shall seek to select a mutually acceptable and available arbitrator. If the parties are unable to agree upon or to obtain a mutually acceptable arbitrator within the time period specified, a request for a list of arbitrators shall be made to the American Arbitration Association by either party and the parties shall be governed bound by the rules and regulations procedures of the American Arbitration Association in the selection and designation of an arbitrator. (c4) The arbitrator so selected shall confer promptly with representatives of the BoardBoard and the Association, shall hold hearings with the aggrieved unit memberperson and such other parties in interest as the arbitrator deems requisite, and shall review the chairperson record of the SEA Grievance Committee and hold prior hearings promptly and and, unless extended by mutual agreement, 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 's decision shall be in writing and shall set forth the findings of fact, reasoning and conclusions on the issues submitted. (5) The parties recognize that the Board is legally charged with the responsibility of operating the school system. The sole responsibility of the arbitrator shall be without to determine whether the terms of this agreement have been misapplied or misinterpreted, and the arbitrator shall have no 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 amends any then-established terms of this Agreement. The arbitrator's judgment shall not be substituted for that of the Board where the Board's action is not unreasonable except in the following circumstances: (a) where an issue to be determined by the arbitrator is an issue of fact; (b) where the issue before the arbitrator involves the interpretation of the terms of this Agreement. (d6) 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 The decision of the arbitrator shall be advisory. Said decision or recommendation of rendered to the arbitrator Board and to the Association and shall be submitted binding upon both parties during the life of this Agreement unless the same is contrary to the Board, the aggrieved unit member(s) and the chairperson of the SEA Grievance Committeelaw. (e7) Cost The costs for the services of such arbitrator the arbitrator, including per diem expenses if any, and actual and necessary travel and subsistence expenses, shall be borne equally borne financially by the SEA Board and the BoardAssociation.