Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit. 1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits. 2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party. 3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the other.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. If Within ten days after receiving the Board’s decision at Level Three, the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using arbitration. The Association shall notify the Federal Mediation and Conciliation Services (FMCS). In order Board of its intention to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding matter to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1this ten-day period. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrableAfter such notification, the District following procedure shall notify be followed:
a. The Association shall make a written request for the Grievant and grievance’s arbitration by requesting the Association, in writing, that it disagrees as American Arbitration Association to submit to the arbitrability parties the names of the grievanceat least nine qualified arbitrators. The Parties agree that in such instances, an parties shall select the arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its meritsAAA.
2. The District and b. Each party shall provide the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost other with a copy of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the its arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Partydemand.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. c. The arbitrator shall have no power to add toamend, subtract from, modify or alter the add to this Agreement’s terms. The parties’ past practice in interpreting or applying this Agreement’s terms of may only be relevant if the Agreement’s language is vague or ambiguous.
d. If either party claims before the arbitrator that a particular grievance fails to meet the test of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule on such claim and, if sustained, shall not proceed further except to render the decision based upon sustaining the claim. The arbitrator’s jurisdictional authority is defined as and limited to determining any grievance between the parties to the grievance which concerns compliance with any of this Agreement’s terms, as provided in Section A(I) of this Article, and submitted to the arbitrator pursuant to this Agreement’s terms. The arbitrator will conduct shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless the parties expressly agree otherwise in writing, the arbitrator is limited to hearing only one grievance upon its merits at any one hearing, .
e. Neither party shall render his/her decision be permitted to assert in writing within (30) an arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. At least ten days after the close of before the arbitration hearing the parties shall disclose (and provide copies of if at all possible) all exhibits, and a list of witnesses to be called and the anticipated nature of their testimony.
f. The arbitrator’s decision on the grievance is binding and final.
g. The cost of arbitration shall furnish a copy to be divided equally between the Board and the Association/grievant .
h. All documents, communications, and records dealing with the District. The Parties agree that the decision processing of the arbitrator a grievance shall be final and binding on all Parties. The fees and expenses of filed separately from the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherparticipant’s personnel file.
Appears in 6 contracts
Samples: Professional Agreement, Professional Agreement, Professional Agreement
Level Four. If the Association aggrieved person is not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three or if has been completed but has not resulted in resolution of the grievant is not represented by grievance, the Association, at the grievant grievant's request, may submit the grievance to arbitration request a hearing before an impartial arbitrator. The request for arbitration shall be made within fifteen (15) school days following receipt of the disposition of grievance in Level Two, using or if facilitation has been requested, within (15) school days following either the Federal Mediation and Conciliation Services facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the Board. Within five (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (205) days following receipt of the Level Three disposition grievant's request for arbitration by the Treasurer, the Board or its designated representative and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted or his designated representative shall mutually petition the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the American Arbitration Association (or the grievant if the Association is not representing the grievant"AAA") agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost provide both parties with a list of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) names. Within five (5) days of the following receipt of the list of arbitrators names from FMCSthe AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other party. When six (6) names have been stricken from the list, the remaining name shall be the arbitrator. The first party to strike a name from the list shall be decided by the flip of a coin. Once the arbitrator will has been selected, he/she shall be selected by FMCS immediately notified, and he/she shall conduct a hearing on the grievance in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms rules and regulations of the AgreementAmerican Arbitration Association. The arbitrator will conduct a hearingIf, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy only to the Association/grievant and extent that, the District. The Parties agree decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, the decision of the arbitrator shall be final and binding on all Partiesboth parties. The fees and expenses cost of the arbitrator shall be shared equally fully paid by the District and the Association unless the Association has elected to withdraw or not to support the grievance and losing party, which shall be so notifies all Parties in writing. In this case, the fees and expenses of determined by the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherin his/her written report.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. a) If the Association aggrieved person is not satisfied with the disposition of the grievance at Level Three Three, or if no decision has been rendered within fifteen (15) school days after the grievant is not represented by first meeting with the AssociationBoard, the grievant aggrieved person may request in writing that the Chairman of the PR&R Committee submit the grievance to arbitration. If the PR&R Committee determines that the grievance is meritorious, that it involves the interpretation, meaning or application of any of the provisions of this Agreement, and that submitting it to arbitration is in the best interests of the Torrington School System, it may, by written notice to the Board, submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services within fifteen (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (2015) school days following after receipt of the decision at Level Three disposition and that Three. Grievances which do not involve the Associationinterpretation, (if meaning or application of any of the Association is representing the grievant)provisions of this Agreement may be processed through Level Three, or grievant, if the association is but shall not representing the grievant has submitted the grievance to FMCS for arbitration within that time limitbe arbitrable.
1. If the District does not agree within b) Within ten (10) school days after such written notice of receipt submission to arbitration, the Board and the PR&R Committee shall 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 obtain such a commitment within the specified period, a request for a list of arbitrators shall be made by either party to the American Arbitration Association (AAA) or other mutually agreed upon dispute resolution agency. The parties shall be bound by the rules and procedures of the written notice, that AAA or other mutually agreed upon dispute resolution agency in the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability selection of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its meritsarbitrator.
2. c) The District arbitrator so selected shall hold hearings, gather relevant facts and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party render a decision in accordance with Florida StatutesAAA’s Voluntary Labor Arbitration Rules or those of another mutually agreed upon dispute resolution agency. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) The arbitrator's decision shall be permitted to assert in such arbitration proceeding any ground or rely writing and shall set forth findings of fact, reasoning and conclusions on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rulesissues submitted. The arbitrator shall have no be without power or authority to add to, subtract from, modify make any decision which requires the commission of an act prohibited by law or alter which violates the terms of the this Agreement. The arbitrator will conduct a hearingArbitration of grievances involving the interpretation, shall render his/her decision in writing within (30) days after the close meaning or application of any of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision provisions of the arbitrator this Agreement, shall be final and binding on all Parties. binding, except as otherwise provided by law.
d) The fees and expenses costs for the services of the arbitrator arbitrator, per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be shared borne equally by the District Board and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherAssociation.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. 1. If the Association aggrieved person is not satisfied with the disposition of the his/her grievance at Level Three Three, or if no written decision has been rendered within ten (10) working days after he/she has met with the grievant is not represented mediator, he/she or his/her designee may, within ten (10) working days after a decision by the mediator, request in writing that the Association submit his/her grievance to binding arbitration. The Association, by written notice to the grievant Superintendent within fifteen (15) working days after receipt of the request from the aggrieved person, may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS)binding arbitration.
2. In order the event that the Association chooses not to submit the grievance to binding arbitration, both the Superintendent and FMCS must receive written and timely notice that grievant shall be notified in writing with fifteen (15) working days after the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limitrequest.
13. If the District does not The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) working days of receipt the Association’s submission of the written noticegrievance to arbitration, that submission of the matter is arbitrablegrievance shall be made to the American Arbitration Association. In any event, the District parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator, and the arbitrator shall notify proceed under the Grievant Voluntary Labor Arbitration Rules of said Association.
4. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusion on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement, nor shall the arbitrator have power to alter, amend, add to or subtract from any of the terms of this Agreement.
5. All costs for the services of the arbitrator, including but not limited to per diem expenses, travel and subsistence expenses, and the cost of any hearing room will be borne equally by the Board and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator All other costs will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutesparty incurring them.
6. Requests for such information shall allow a reasonable time prior This agreement to the Level Four hearing (except that if the binding arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert for the resolution of grievances as defined in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing this contract only and shall furnish a copy in no way be construed to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected mean agreement to withdraw or not to support the grievance and so notifies all Parties it in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All any other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherproceeding.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. If the Association SCEA is not satisfied with the disposition of the grievance at Level Three on a grievance alleging a violation, misinterpretation or if the grievant is not represented by the Associationmisapplication of this agreement, the grievant may submit SCEA shall, within five (5) work days after receipt, review the grievance and the answer and, if it desires, advise in writing the Superintendent of its desire to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance proceed to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty . Within five (205) work days following after receipt of the Level Three disposition request for arbitration by the Superintendent, representatives of the Board and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance shall meet to FMCS for arbitration within that time limit.
1select an arbitrator. If the District does not they are unable to agree within ten (10) days of receipt of the written notice, that the matter is arbitrableon an arbitrator, the District parties shall notify jointly petition the Grievant and American Arbitration Association for a list of fifteen (15) names from which the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will shall be selected, selected according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issueAAA. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information Either party shall be borne by entitled to request a second list. Once the requesting Party arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days rules and regulations of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rulesAmerican Arbitration Association. The arbitrator shall have no power authority to consider only a single grievance or several grievances involving a common question of interpretation or application. The arbitrator shall hold the necessary hearing promptly and issue the decision within thirty (30) calendar days or such time as may be agreed upon. Decisions shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on the Board, the administration, the Association and the grievant(s). The arbitrator shall not have the authority to add to, subtract from, modify modify, change, or alter the terms any of the Agreementprovisions of this Collective Bargaining Contract, nor add to, detract from or modify the language therein in arriving at a determination of any issues presented that is proper within the limitations expressed herein. The arbitrator will conduct a hearing, shall render hisexpressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her decision or to submit observations or declarations of opinion which are not directly essential in writing within (30) days after reaching the close determination. The arbitrator shall in no way interfere with management prerogatives involving the Board's discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the arbitration hearing Board under its policies, applicable law, and shall furnish a copy to rules and regulations having the Association/grievant force and the Districteffect of law. The Parties agree that the decision Costs for services of the arbitrator shall be final arbitrator, including per diem expenses, if any, and binding on all Parties. The fees necessary travel and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this casesubsistence expenses, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne one-half (1/2) by the Party incurring them, losing party and neither Party shall be responsible for the expense of witnesses called one-half (1/2) by the otherwinning party.
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Level Four. If Arbitration
1. Only the Association ASSOCIATION shall have the right to appeal any grievance, as defined in Section 3.01 to arbitration. In the event it is claimed by the ADMINISTRATION that any matter filed as a grievance is not satisfied with the disposition of the a grievance at Level Three or if the grievant is not represented by the Associationas defined in Section 3.01, the grievant such issue, as such, may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance be appealed to arbitration, both with the Superintendent and FMCS must receive written and timely notice that arbitrator having the grievance is proceeding authority to arbitration within twenty (20) days following receipt rule on the arbitrability issue in addition to hearing any evidence or issuing any ruling on the merits of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its meritsdispute.
2. The District and Notification of the Association (or intent of the grievant if the Association is not representing the grievant) agree ASSOCIATION to make available, upon specific written request appeal a grievance to arbitration must be submitted in writing to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within Superintendent thirty (30) days after the close Mediation Conference under Level Three or within seven (7) work days after the written answer was given by the Superintendent under Level Two of the arbitration hearing and grievance procedure, otherwise the matter shall not be subject to arbitration. The ASSOCIATION will request the American Arbitration Association to provide the parties with a panel of arbitrators from which the parties can select an arbitrator in accordance with the rules of the American Arbitration Association. In the event the parties are unable to select an arbitrator from any list provided by the American Arbitration Association, the ASSOCIATION shall not have the authority to independently designate an arbitrator but shall furnish the parties additional lists until an arbitrator can be selected from a copy list furnished by the American Arbitration Association.
3. Neither party will be permitted to assert in any arbitration proceeding any ground or to rely on any evidence not previously fully disclosed to the Association/grievant other party.
4. The BOARD and the DistrictASSOCIATION shall equally share the fees and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. The Parties agree that Each, however, shall be responsible for the fees and expenses of its representative.
5. Unless contrary to law, the decision of the arbitrator shall be final and binding on all Partiesupon the BOARD, the ASSOCIATION, and any Professional Staff Member involved in the matter.
6. The fees and expenses of the arbitrator shall be shared equally by not have the District power to add to, subtract from, or modify this CONTRACT and shall only have the Association unless authority to interpret the Association has elected provisions of this CONTRACT in light of applicable law as the same relate to withdraw or not the specific grievance appealed to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherarbitration.
Appears in 4 contracts
Samples: Master Contract, Master Contract, Master Contract
Level Four. If In the Association event the grievant is not satisfied with the disposition of the grievance at in Level Three or if the grievant is not represented by the AssociationThree, the grievant Association may submit the grievance to request arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both by filing written notice of such request with the Superintendent and FMCS must receive written and timely notice not later than fifteen (15) calendar days from the date that the grievance is proceeding to arbitration within twenty (20) days following receipt of the written disposition was given or should have been given in Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1Three. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within Within seven (7) calendar days of the after receipt of notice of appeal to Level Four, the Association and the Superintendent or his designee, shall mutually petition the American Arbitration Association to provide both parties with a list of arbitrators seven (7) names from FMCS, then the which an arbitrator will can be selected by FMCS in accordance with its rulesthe alternate strike method. A second list of seven (7) names may be requested by either party. A toss of the coin shall determine who strikes first. The arbitrator shall hold the necessary hearing and issue a decision within such time as may be agreed upon. The decision shall be in writing and a copy shall be sent to all parties present at the hearing. The decision of the arbitrator shall be binding on the grievant, the Association and the Board. Neither the grievance nor any issue(s) raised therein shall be the subject of further proceedings before the Avon Lake Municipal Civil Service Commission. The arbitrator shall not have no power the authority to add to, subtract from, modify modify, change or alter any of the provisions of this Collective Bargaining Agreement, nor add to, detract from or modify the language therein in arriving at his decision concerning any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. Except as expressly limited by this Collective Bargaining Agreement, the arbitrator shall in no way interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, and rules and regulations having the force and effect of law. The arbitrator is specifically prohibited from making any decision, which is inconsistent with the terms of this Collective Bargaining Agreement or contrary to law. In prescribing relief, the Agreementarbitrator may not usurp the legal authority vested by statute in the Board or the Superintendent. The arbitrator will conduct a hearingshall rule on any question pertaining to whether he/she has the legal or contractual authority to grant the relief sought if requested to do so by either party. The arbitrator’s fees and expenses, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision cost of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this caseany hearing room, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring themlosing side of the arbitration. The arbitrator will be requested to specify who is the loser (the employee, the Association or the Board). It is specifically agreed by the Association and neither Party the Board that this grievance procedure shall be responsible the sole remedy for a bargaining unit member who alleges a violation of the expense terms of witnesses called by this Agreement and shall prevail over Civil Service laws. Accordingly, the otherparties agree that neither the Avon Lake Civil Service Commission nor the State Personnel Board of Review shall have jurisdiction to hear appeals relating to matters, which are appropriately subject to resolution through this grievance procedure, including specifically discipline and discharge of any non- probationary employee.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services Within thirty (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (2030) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) calendar days of the receipt of the Level Three decision, the Association may, upon written notice to the Superintendent, submit the grievance to advisory arbitration. Within ten (10) working days after receipt of the demand for arbitration, the parties shall mutually request from the Federal Mediation and Conciliation Service (FMCS), a list of seven (7) arbitrators. The parties shall set a meeting at a mutually agreeable time after receiving the list of arbitrators and attempt to agree on one (1) arbitrator. If the parties cannot agree upon an arbitrator, they shall select an arbitrator by alternately striking names from FMCSthe list, then with the Association striking the first name. The last name remaining on the list shall be the arbitrator. If the arbitrator will chosen is unable to serve, the parties shall request a new list from the FMCS and repeat the selection process as described above. There shall be selected no new issue, evidence, material, or allegation submitted by FMCS in accordance with its ruleseither party during the grievance process once a formal grievance is appealed to advisory arbitration. The arbitrator superintendent, other administrative staff, Board attorney, and the Association shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within meet not fewer than fourteen (3014) calendar days after the close of the arbitration hearing and shall furnish a copy prior to the Association/grievant date for any arbitration hearing. At said meeting, the parties will frame the issue(s) or question(s) to be arbitrated, if possible and if agreement is reached, put the Districtissue(s) or question(s) into writing to be signed by each, and submitted jointly at the appropriate time to the arbitrator. The Parties agree In the event that the decision of agreement on the issue(s) cannot be reached by the parties, the arbitrator shall resolve the matter by defining the issue(s), which will be final and binding on all Partiesdealt with at the hearing. Only the issues raised during the grievance procedure will be considered at said pre-arbitration meeting. The fees and expenses of the arbitrator shall be shared equally by the District Association and the Association unless the Association has elected to withdraw or not to support the grievance Board, and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party party incurring them. The arbitrator shall hold a hearing as soon as possible. Within thirty (30) calendar days of the date on which the record is closed by the arbitrator, said arbitrator shall submit to both parties his/her recommendation, which shall be advisory only. Said advisory recommendation of the arbitrator shall be in writing and shall be signed by the arbitrator. In the event either party raises a threshold question of arbitrability, the arbitrator shall first rule on the arbitrability of the grievance. With such ruling by the arbitrator that the grievance is not arbitrable, the grievance shall be deemed resolved by the answer rendered at Level Two. Neither party shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. The arbitrator shall be without power or authority to alter, amend, disregard, or modify any of the terms of this Agreement or to make any recommendation which would require commission of an act prohibited by law or which is violative of the terms of this Agreement. The arbitrator’s powers shall be limited to advising on whether there has been a violation of any article or section of this contract or Board policy, and neither Party shall be responsible providing a rationale for the expense of witnesses called by the otherhis/her recommendation.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. If the Association SEA is not satisfied with the disposition of the grievance at Level Three on a grievance alleging a violation, misinterpretation or if the grievant is not represented by the Associationmisapplication of this Agreement, the grievant may submit the grievance to arbitration before an impartial arbitratorSEA shall, using the Federal Mediation and Conciliation Services within five (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (205) work days following after receipt of the Level Three disposition decision, review the grievance and that the Association, (if the Association is representing the grievant), or grievantanswer and, if it desires advise in writing the association is not representing Superintendent of its desire to proceed to binding arbitration by an outside arbitrator in accordance with the grievant has submitted Rules of the grievance to FMCS for arbitration within that time limit.
1American Arbitration Association. If the District does not agree within ten Within five (105) days of after receipt of the written noticerequest for arbitration by the Superintendent, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability representatives of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District Board and the Association (or the grievant if the Association is not representing the grievant) agree shall meet to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3select an arbitrator. If they are unable to agree on an arbitrator, the Parties cannot mutually agree to an arbitrator within parties shall jointly petition the American Arbitration Association for a list of seven (7) days of the receipt of the list of arbitrators names from FMCS, then which the arbitrator will shall be selected by FMCS the alternate strike method. Either party shall be entitled to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with its rulesthe rules and regulations of the American Arbitration Association. The arbitrator shall have no power authority to consider only a single grievance or several grievances involving a common question of interpretation or application. The only alleged contract violations which may be considered by the Arbitrator are violations specifically and expressly referenced by citation to the Article and Section of this Agreement in the written grievance. The arbitrator shall hold the necessary hearing within thirty (30) calendar days or such time as may be agreed upon. Decisions shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on the Board, the administration, the Association and the grievant(s). The arbitrator shall not have the authority to add to, subtract from, modify modify, change or alter the terms any of the Agreementprovisions of this Collective Bargaining Contract, nor add to, detract from or modify the language therein in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator will conduct a hearing, shall render hisexpressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issues(s) not so submitted to him/her decision or to submit observations or declarations of opinion which are not directly essential in writing within (30) days after reaching the close determination. The arbitrator shall in no way interfere with management prerogatives involving the Board's discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the arbitration hearing Board under its policies, applicable law, and shall furnish a copy to rules and regulations having the Association/grievant force and the Districteffect of law. The Parties agree that the decision Costs for services of the arbitrator shall be final arbitrator, including per diem expenses, if any, and binding on all Parties. The fees necessary travel and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this casesubsistence expenses, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne one-half (1/2) by the Party incurring themlosing party and one-half by the winning party. Unless a Memorandum of Understanding or other settlement document provides otherwise, and neither Party the party who cancels a scheduled arbitration hearing shall be responsible bear the entire fee, if any, for the expense cancellation. It is the mutual desire of witnesses called by the otherSEA and the Board of Education to avoid unnecessary expenditures in the arbitration process. Accordingly hearing(s) will be held alternately at the OEA office or the Shawnee Board of Education facilities.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Level Four. If the Association aggrieved bargaining unit member is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by Three, he/she may request, through the Association, that the grievant may submit the grievance issue be submitted to arbitration before an impartial arbitratorwithin five (5) days after receipt of the written notice of the action taken by the Superintendent. From the date that the letter from the Association President is received by the Superintendent, using no arbitration shall take place for a period of sixty (60) days. During that time period, mediation may take place. If mediation is utilized, the mediator will be provided by the Federal Mediation and Conciliation Services Service (FMCS). In order Once mediation has occurred, the parties may agree to submit waive the grievance to arbitration, both sixty days and proceed with the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty process. Within five (205) days following receipt by the President of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS ’s request for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrablearbitration, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on Board or its merits.
2. The District designated representative and the Association (or shall mutually petition the grievant if the American Arbitration Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost provide both parties with a list of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators names from FMCS, then the which an arbitrator will be selected by FMCS the alternate strike method and notified in accordance with its rulesthe rules of the American Arbitration Association. The toss of a coin will determine who strikes first. Either party has the right to request a second list. Once the arbitrator has been selected, he or she shall proceed with the arbitration on the grievance in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator shall have no power the authority to add to, subtract from, modify consider only a single grievance or alter the terms several grievances involving a common question of the Agreementinterpretation or application. The arbitrator will conduct a hearing, shall render his/her hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing within (30) days after the close of the arbitration hearing and shall furnish a copy sent to all parties present at the Association/grievant and the Districthearing. The Parties agree that the decision of the arbitrator shall be final and binding on all Partiesthe Board, the Association, and the grievant. The fees and arbitrator shall not have the authority to add, subtract from, modify, change, or alter any of the provisions of this Collective Bargaining Contract; nor add to, detract from, or modify the language therein; nor make any award which is inconsistent with the terms of this Agreement. All expenses of for the arbitrator shall be shared equally by the District Board and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherAssociation.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Level Four. a. If the Association is not satisfied with the grievance disposition of by the Board's Review Committee or if no disposition has been made within the period above provided, the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance be submitted to arbitration before an impartial arbitrator, using by filing a Demand for Arbitration with the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the American Arbitration Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of after receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability decision of the grievanceBoard Review Committee. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS the American Arbitration Association in accordance accord with its rules, which shall also govern the arbitration proceeding. Both parties will be bound by the arbitrator’s decision and judgment thereon may be entered in any court of competent jurisdiction.
b. A Demand for Arbitration will be filed no later than fifteen (15) days after the grievance disposition by the Board’s Review Committee.
c. The arbitrator’s powers are subject to the following limitations:
(1) The arbitrator shall have no power to add to, subtract from, or modify or alter any of the terms of the this Agreement. .
(2) The arbitrator will conduct a hearingshall have no power to establish salary schedules.
(3) The arbitrator shall have no power to change any practices, shall render policies, or rules of the Board or substitute his/her judgment for that of this Board as to the reasonableness of any such policy, practice, rule, or other action taken by the Board.
(4) The arbitrator shall have no power to decide any questions, which under this Agreement are within the responsibility of management to decide. In rendering decisions an Arbitrator shall give due regard to the responsibilities of management and shall construe the Agreement that there shall be no interference with such responsibilities, except as specifically limited by this Agreement.
(5) The arbitrator shall have no power to interpret State or Federal law.
(6) The arbitrator shall have no authority to issue a decision on the merits of a prohibited or illegal bargaining subject.
(7) If the arbitrability of any grievance is disputed, the arbitrator shall have no jurisdiction to render a decision on the merits until he/she has first made a ruling on the arbitrability issue. By stipulation of the parties of the grievance, the arbitrator may concurrently hear both the jurisdictional issues and the merits of that dispute in writing within the same proceeding. If the arbitrator determines that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits.
(308) After the arbitrator is selected, the case may not be withdrawn except by the parties’ mutual consent.
(9) Not more than one grievance may be considered by the arbitrator at the same time except with the parties’ written mutual consent and then only if the grievances are of similar nature.
d. Within ten (10) days after the close receipt of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this caseinvoice, the fees and expenses of the arbitrator and the American Arbitration Association shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherparties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within Within ten (10) working days of receipt of the answer at Level Three, the Union may, by written noticenotice to the Office of the Executive Director of Human Resources/Legal Affairs, request that the matter is arbitrablebe submitted to arbitration. Such a request shall not include more than one grievance unless the issues in the Demand are directly related, or the District shall notify the Grievant and the Association, in writing, that it disagrees as parties mutually agree to the arbitrability of the grievancecontrary. The Parties agree that arbitration hearing shall be conducted in such instances, an arbitrator will be selected, according to accord with the rules of FMCS, the American Arbitration Association. The parties will attempt to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issueselect an arbitrator by mutual agreement. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties they cannot mutually agree to on an arbitrator within seven five (75) days of after notice is given, notice shall then be given to the receipt of the list of arbitrators from FMCS, then American Arbitration Association and the arbitrator will shall be selected by FMCS the American Arbitration Association in accordance with its rules. The jurisdiction of the arbitrator shall be limited to a grievance arising out of the interpretation or application of this Agreement or any written amendments hereof or supplements hereto. The arbitrator shall have no power to alter, add to, subtract from, or modify or alter any of the terms of this Agreement or any written amendments hereof or supplements hereto or to specify the Agreement. The arbitrator will conduct terms of a hearing, shall render new agreement or to substitute his/her decision in writing within (30) days after the close discretion for that of the arbitration hearing parties hereto or to assume any of their functions or responsibilities. If the grievance concerns matters not subject to arbitration, the arbitrator shall return the grievance and shall furnish a copy all documents relating thereto to the Association/grievant and the Districtparties without decision. The Parties agree that the decision of the arbitrator shall be final and binding on all Partiesparties, and they hereby agree to abide by such decision. The fees cost of any arbitration under this paragraph shall be divided equally between the Board and expenses the Union. In accordance with the Public Employment Relations Act and the rules thereunder, either party may request mediation of a dispute involving the terms of this agreement through the Michigan Employment Relations Commission after a request for arbitration has been filed. The mediation shall be conducted pursuant to the rules of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherMichigan Employment Relations Commission.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if by the grievant is not represented by Board, the grievance may be submitted to binding arbitration before an impartial arbitrator. Only the Association, the grievant not an individual grievant, may appeal to arbitration. The decision to submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree be made within ten (10) school days of after receipt of the written notice, that Board’s decision and communicated to the matter is arbitrable, Board within the District shall notify next five (5) school days. If the Grievant and the Association, in writing, that it disagrees parties cannot agree as to the arbitrability of arbitrator within five (5) school days from the grievancenotification date to the Board that arbitration will be pursued, within five (5) school days thereafter the Association shall file a demand for arbitration with the American Arbitration Association with a copy to the Superintendent.
1. The Parties agree that in such instances, an arbitrator will shall be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection selected by the District to American Arbitration Association in accord with its rules, which along with the arbitrability of Michigan Uniform Arbitration Act, MCL 691.1681 et seq., shall likewise govern the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its meritsarbitration proceeding.
2. The District Board and the Association (or the grievant if the Association is shall not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Partyother party.
3. If Both parties and the Parties cannot mutually employee agree to an arbitrator within seven (7) days be bound by the award of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Partiesarbitrator.
4. The fees and expenses of the arbitrator shall be shared equally by the District Association and the Association unless Board.
5. Notwithstanding any other provision in this Agreement, the Association has elected Employer shall have no obligation to withdraw arbitrate any grievance filed after the expiration of this Agreement. The Employer, however, shall arbitrate grievances arising during the term of this Agreement for which a timely grievance was filed before the Agreement’s expiration.
1. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement.
2. The arbitrator shall not imply obligations and conditions binding on the Board from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board.
3. The arbitrator shall have no power to support decide any question which under this Agreement is within the grievance and so notifies all Parties in writingresponsibility of management to decide or which encompasses a prohibited bargaining subject.
4. In this caserendering a decision, the fees and expenses of the arbitrator shall give due regard to the responsibility of management and shall construe the Agreement so that there will be shared equally no interference with such responsibilities, except as they may be specifically conditioned by this Agreement.
5. The arbitrator shall have no authority to award damages beyond the District and amount of wages that the grievantemployee would otherwise have earned. All other expenses Any back pay award shall be borne reduced by any compensation received by a bargaining unit employee during the Party incurring them, and neither Party shall be responsible time that he/she would otherwise have been working for the expense of witnesses called by the otherDistrict, including unemployment compensation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. If the Association aggrieved person is not satisfied with the disposition of the grievance at Level Three Three, or if no decision has been rendered within fifteen (15) calendar days after the grievant is not represented grievance was delivered to the Board of Education, the employee may within five (5) calendar days after the decision by the AssociationBoard of Education or twenty (20) calendar days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the grievant Chairman of the PR & R Committee submit the grievance to arbitration. (If the PR & R Committee determines that the grievance is meritorious, it may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services within fifteen (FMCS15) calendar days after receipt of a request by aggrieved person.). In order to submit the grievance
B. Within ten (10) calendar days after such written notice of submission to arbitration, both the Superintendent Board and FMCS must receive written the PR & R Committee shall attempt to agree upon a mutually acceptable arbitrator and timely notice that shall obtain a commitment from said arbitrator to serve. If the grievance is proceeding parties are unable to arbitration agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to PERC by either party. The parties shall then be bound by the rules and procedures of PERC.
C. The arbitrator so selected shall confer with representative of the Board and the PR & R Committee and hold hearings promptly and shall issue a decision not later than twenty (20) days following receipt from the date of the Level Three disposition and that close of the Association, (if the Association is representing the grievant)hearings, or grievantif oral hearings have been waived, if then from the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt date of the written notice, that final statements and proofs on the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievanceissues submitted. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information arbitrator’s decision shall be borne by in writing and shall set forth the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to findings of fact, reasoning and conclusions on the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rulesissue submitted. The arbitrator shall have no be without power or authority to add to, subtract from, modify make any decision which requires the commission of an act prohibited by law or alter which is violative of the terms of the this Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on all Parties. the parties.
D. The fees and expenses cost for the services of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be shared borne equally by the District Board and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writingAssociation. In this case, the fees and Any other expenses of the arbitrator incurred shall be shared equally paid by the District and party incurring the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the othersame.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the grievant or Association representative is not satisfied with the disposition of the grievance at Level Three or if no decision was rendered after the grievant is not represented by grievance was delivered to the AssociationSuperintendent, the grievant may submit may, within seventeen (17) school days after the grievance was delivered to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice or designee, request in writing that the grievance is proceeding be submitted to arbitration within advisory arbitration. The Association shall retain the right to determine which grievances may proceed to arbitration. The Association shall have twenty (20) days following from receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted request to arbitrate to determine whether the grievance shall proceed to FMCS for arbitration within that time limitand notify the Superintendent and the County Board in writing.
1. If the District does not agree within b. Within ten (10) days after such written notice of receipt submission to advisory arbitration, the Board 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, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the written notice, that American Arbitration Association in the matter is arbitrable, selection of an arbitrator and hearing procedures.
c. The arbitrator so selected shall confer with the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability Superintendent or designee of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District Board and the Association and hold hearings promptly and, when possible, shall issue an award not later than twenty (or 20) days from close of hearings or, if oral hearings have been waived, then from the grievant if the Association is not representing the grievant) agree date final statements and proofs on issues are submitted to make available, upon specific written request to the other, such information as is necessary to effectively process grievancehim. The cost of gathering the information arbitrator's recommendation shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information writing and shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrabilityset forth his findings of fact, then a reasonable time before a hearing is set or the purpose) for collection reasoning, and conclusions of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Partyissues submitted.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. d. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision award of the arbitrator shall be final and binding on all Parties. The fees and expenses unless overturned by the Board within thirty (30) days of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherrendering thereof.
Appears in 1 contract
Samples: Master Contract
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented notrepresented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the other.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the Association union is not satisfied with the disposition of the grievance Grievance at Level Three or if the grievant is not represented by the AssociationThree, the grievant it may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) work days following receipt after the decision of the Level Three disposition and that Superintendent refer the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS matter for arbitration within that time limit.
1. If to the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the American Arbitration Association, in writing, that it disagrees as and request the appointment of an arbitrator to the arbitrability of hear the grievance. The Parties agree that An arbitrator shall be selected in such instances, an arbitrator will be selected, according to accordance with the rules of FMCSthe American Arbitration Association, except each party shall have the right to determine peremptorily strike not more than three (3) from the question list of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2arbitrators. The District Employer and the Association (or the grievant if the Association is Union shall not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground ground, or to rely on any evidence which had been specifically requested by the opposite Party but which was evidence, not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rulesother party. The arbitrator shall have no power authority to alter, ignore, modify, add to, or subtract from, modify or alter from the terms of the Agreementthis agreement. The arbitrator will conduct shall have no authority to make a hearing, shall render his/her decision in writing within (30) days after any case of discharge or discipline of a probationary employee. The arbitrator shall have no authority to make a decision in any matter based upon an interpretation of any statutory law for which there is an administrative agency created by state or federal statute which has jurisdiction to determine the close legal rights of the arbitration hearing and shall furnish a copy grievant. Both parties agree to be bound by the Association/grievant and the District. The Parties agree that the decision award of the arbitrator shall be final and binding on all Partiesmade within the scope of authority. The fees and expenses of the arbitrator shall be shared equally paid as follows: If the grievance is sustained and the remedy sought by the District Union is awarded in full, the Employer shall pay the fees and the Association unless the Association has elected to withdraw or not to support expenses in full. If the grievance is denied in full, the Union shall pay the fees and so notifies all Parties expenses in writingfull. In this caseIf the grievance is neither sustained in full, nor denied in full, the fees and expenses of the arbitrator shall be shared equally by equally. Employees who are necessary participants in an arbitration hearing as a Union representative or witness in the District and the grievant. All other expenses proceedings shall be borne by released from duty without loss of pay for the Party incurring themtime necessary to represent or testify as the case may be, and neither Party provided the hearing is held on the Employer’s premises. If the hearing is not held on the Employer’s premises, employees may use personal business leave or the Union may reimburse the Employer for necessary substitute costs, unless the Employer initiates the request for the hearing to be held away from its premises. An attempt shall be responsible for the expense made to schedule arbitration and attendance of witnesses called by the otheremployees at times which will avoid or minimize release from work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.Binding Arbitration
1. If the District does not agree The grievant may within ten (10) days of receipt of days, dating from the written noticeprevious level response, submit a request in writing to the Superintendent’s office that the matter grievant is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as preceding to the arbitrability of the grievancebinding arbitration. The Parties agree that in such instancesWhen arbitration has been requested, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne selected by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing mutual agreement within ten (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose10) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3days. If the Parties cannot mutually parties are unable to agree to on an arbitrator within arbitrator, the following procedure will be used. Within seven (7) days of the receipt determination that the parties cannot reach mutual agreement on an arbitrator, the Superintendent shall request a list of five (5) arbitrators from the California State Conciliation Service. A representative of the Association and the Superintendent or designee shall select an arbitrator from the list by eliminating names until one name remains. The first option of arbitrators from FMCS, then elimination may be determined by lot.
2. Once the arbitrator will be selected by FMCS in accordance with its ruleshas been selected, the hearing shall commence at the convenience of the parties and the arbitrator.
3. The arbitrator shall have no power authority to add to, subtract from, or modify or alter the terms of this agreement, and the Agreementarbitrator shall interpret this agreement in accordance with accepted standards of contract interpretation.
4. All costs for services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator's travel and subsistence expense, the cost of any hearing room, and the cost of any court reporter and transcript, shall be borne equally by the District or SCOE, and the aggrieved. All other costs will be borne by the party incurring them.
5. The arbitrator's decision shall be in writing and shall set forth the arbitrator's finding of fact, reasoning and conclusions of the issues submitted. The arbitrator will conduct a hearing, shall render his/her be without power or authority to make any decision in writing within (30) days after which requires the close commission of an act prohibited by law which will violate the arbitration hearing and shall furnish a copy to the Association/grievant and the Districtterms of this agreement. The Parties agree that the decision award of the arbitrator shall be final submitted to both parties and presented to the District's governing board or County Superintendent, and shall be binding on all Partiesboth parties, subject to any right of judicial appeal.
6. Level Four shall apply only to alleged violations of this Agreement. Alleged violations of administrative regulations or practices affecting conditions of employment shall not be subject to Level Three; for such allegations, the decision at Level Two may be appealed to the Board in writing within ten (10) days whose decision shall be final. The fees and expenses Board shall consider the appeal at its next regular Board meeting which is at least ten (10) days from the submission of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writingappeal. In this case(Article 5, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring themArticle 5,Section 5.3 , and neither Party shall be responsible for the expense of witnesses called by the other.Adopted October 9, 2012)
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the Association PR&R Committee is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the AssociationBoard, and the grievance is an arbitrable grievance as hereafter defined, the grievant PR&R Committee may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance matter to arbitration, both in the Superintendent and FMCS must receive manner hereafter provided, by serving a written and timely notice that upon the grievance is proceeding to arbitration within twenty (20) days following receipt Board of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance Committee's intent to FMCS for arbitration within that time limit.
1. If the District does not agree arbitrate within ten (10) days after decision by the Board.
b. Within ten (10) school days after such written notice of receipt of the written notice, that the matter is arbitrablesubmission to arbitration, the District shall notify the Grievant Board and the Association, in writing, that it disagrees as PR&R Committee shall attempt to the arbitrability of the grievance. The Parties agree that in such instances, an upon a mutually acceptable arbitrator will be selected, according and shall obtain a commitment from said arbitrator to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3serve. If the Parties cannot mutually parties are unable to agree to upon an arbitrator or to obtain such a commitment within seven (7) days of the receipt of the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be
c. The arbitrator so selected shall confer with the representatives of the Board and the PR&R Committee and hold hearings promptly and shall issue his decision not later than twenty (20) days from FMCSthe date of the close of the hearings or, if oral hearings have been waived, then from the arbitrator will date the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be selected by FMCS in accordance with its ruleswriting and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall have no be without power or authority to add to, subtract from, modify make any decision which requires the commission of an act prohibited by law or alter which is violative of the terms of the this Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on all Parties. on
d. The fees and expenses costs for the services of the arbitrator arbitrator,
e. Binding arbitration under this Agreement shall apply only to Administrative decisions which contravene or misapply the provisions of this Agreement in such a way as to affect the terms and conditions of employment in this Agreement
E. 1. A grievant may represent himself at any stage of the grievance procedure or, at his option, a grievant may elect to be shared equally represented by the District and the Association unless the Association has elected at any step subsequent to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherStage One.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the Association aggrieved person is not satisfied with the disposition resolution of the grievance at Level Three or if the grievant is not represented by the AssociationThree, the grievant may he/she shall submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if and the Association is representing the grievant)will decide on its continuance. The Association may, or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the response at Level Three, submit the grievance to arbitration by so notifying the Superintendent and the Board Chair in writing. If the Association decides to submit a grievance to arbitration, it waives its access to other available forums based on the treatment, acts or conditions which formed the basis of the grievance.
b. The Association President and the Board Chair (or their designees) shall, within ten (10) days after such written notice, that jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the matter is arbitrableparties are unable to agree upon an arbitrator within ten (10) days, they shall request the District shall notify American Arbitration Association to propose the Grievant and the Association, in writing, that it disagrees as to the arbitrability names of the grievancefive (5) arbitrators. The Parties agree that in such instances, an arbitrator arbitration proceedings will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party conducted in accordance with Florida Statutes. Requests for such information the rules and procedures of the American Arbitration Association.
c. The arbitrator selected shall allow a reasonable time prior to confer promptly with representatives of the Level Four hearing (except that if the arbitration hearing is to determine arbitrabilityBoard, then a reasonable time before a hearing is set or the purpose) for collection representatives of requested information. Neither the District nor the Association (nor and the grievant, if aggrieved person; shall review the grievant is not represented by record of the Association) prior meetings; and shall be permitted to assert hold such hearings with the aggrieved person and other parties in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Partyinterest as he/she shall deem requisite.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. d. The arbitrator shall have no power to add toshall, subtract fromwithin thirty (30) days, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after writing, setting forth his/her findings of fact, reasoning and conclusions on the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the Districtissues submitted. The Parties agree that arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement, or to add to, subtract from or modify this Agreement. The decision of the arbitrator shall be final submitted to the Board and the Association. The decision shall be binding on all Parties. the parties subject only to judicial review as permitted by Maine law.
e. The fees and expenses costs for the services of the arbitrator shall be shared borne equally by the District Board and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherAssociation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If Arbitration
(a) A grievance dispute which is not resolved at the level of the Superintendent under the grievance procedure herein may be submitted by the Association is as specified herein to an arbitrator for decision if it involves the application or interpretation of this Agreement.
(b) A grievance may not satisfied be submitted to an arbitrator unless a decision has been rendered by the Superintendent of Schools under the grievance procedure, except in cases where, upon expiration of the time limit for decision, the aggrieved employee or the Association filed notice with the disposition Superintendent of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may intention to submit the grievance to arbitration before an impartial arbitrator, using and no decision was issued by the Federal Mediation and Conciliation Services Superintendent within fifteen (FMCS). In order to submit the grievance to arbitration, both 15) days after receipt of such notice.
(c) The proceedings shall be initiated by filing with the Superintendent and FMCS must receive written and timely the American Arbitration Association a notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1arbitration. If the District does not agree The notice shall be filed within ten (10) days of after receipt of the written noticedecision of the Superintendent of Schools under the Grievance Procedure, that or, where no decision has been issued in the matter is arbitrablecircumstances described above, three (3) days following the District expiration of the fifteen (15) day period provided above. The notice shall notify include a statement setting forth precisely the Grievant issue to be decided by the arbitrator and the Association, in writing, that it disagrees as to the arbitrability specific provision of the grievance. Agreement involved.
(d) The Parties agree that in such instances, an arbitrator parties will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection bound by the District to the arbitrability Voluntary Labor Arbitration Rules of the grievance, American Arbitration Association regardless of how the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association arbitrator is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (selected; except that if neither the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District Board nor the Association (nor the grievant, if the any grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which in arbitration if such ground was not previously disclosed to the requesting Partyother parties in interest prior to the decision being appealed to the arbitrator, or to assert any evidence known but not disclosed prior to the decision being appealed.
3. If (e) The arbitrator shall not have the Parties cannot mutually agree authority to an arbitrator within seven add to or to subtract from the Agreement and shall limit the decision strictly to the application and interpretation of this Agreement and it shall be binding upon all parties involved.
(7f) days The costs for the services of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared borne equally by the District Board and the Association unless Association. Each party shall pay all the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District preparing and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the othersubmitting its case.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the tothe arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented notrepresented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator Thearbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association theAssociation has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the other.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the aggrieved teacher and the Association is not satisfied are dissatisfied with the disposition of the grievance at Level Three level 3, the Association may, within five (5) days after receipt of the decision or if after the grievant is not represented last day the decision should have been rendered by the AssociationBoard of Education, submit the grievant grievance to arbitration by notifying the Superintendent of its intent to do so. If the Association and the Superintendent cannot mutually agree upon a single arbitrator to hear the grievance within three (3) days of the notice of intent to submit to arbitration, then the Association may submit the grievance to arbitration before an impartial arbitrator, using by filing a demand for arbitration under the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt Voluntary Labor Arbitration Rules of the Level Three disposition and that American Arbitration Association. The American Arbitration Association shall then act as the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt administrator of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rulesproceedings. The arbitrator shall have no render a decision in writing to both parties setting forth his/her findings of fact, reasoning and conclusions only on the issues submitted. He shall hear only one (1) grievance at a time. He shall render his/her decision as promptly as possible. The arbitrator shall limit his/her decision strictly to the interpretation and application of the specific provisions of this Agreement. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which involves Board action under all applicable statutes or which is violative of the terms of this Agreement, or Board policies, and he shall be without power or authority to add to, subtract from, modify or alter the terms delete any term or provision of the this Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be submitted to the Board and to the Wilton Education Association and, subject to law, shall be final and binding binding, on all Partiesboth parties. The fees and expenses cost for the services of the arbitrator shall be shared borne equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherboth parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the AssociationBoard, and the grievance is an arbitrable grievance as hereafter defined, the grievant Association may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance matter to arbitration, both in the Superintendent and FMCS must receive manner hereafter provided, by serving a written and timely notice that upon the grievance is proceeding to arbitration within twenty (20) days following receipt Board of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance ’s intention to FMCS for arbitration within that time limit.
1. If the District does not agree arbitrate within ten (10) working days after a decision by the Board.
b. Within ten (10) working days after each written notice of receipt of the written notice, that the matter is arbitrablesubmission to arbitration, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District Board and the Association (or the grievant if the Association is not representing the grievant) shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3serve. If the Parties cannot mutually parties are unable to agree to upon an arbitrator or to obtain such a commitment within seven (7) days of the receipt of the specified period, a request for a list of arbitrators may be made by either party to P.E.R.C. The parties agree to utilize P.E.R.C. for the arbitration process and to be bound by the rules and procedures of P.E.R.C. in this matter.
c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly, and shall issue a decision not later than twenty (20) working days from FMCSthe date of the close of the hearings or, if oral hearings have been waived, then from the arbitrator will date the final statements and proofs on the issues are submitted to him/her. The arbitrator’s decision shall be selected by FMCS in accordance with its ruleswriting and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no be without power or authority to add to, subtract from, modify make any decision which requires the commission of an act prohibited by law or alter which is violative of the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on all Parties. the parties.
d. The fees and expenses costs for the services of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be shared borne equally by the District Board and the Association unless Association. Any other expenses incurred shall be paid by the Association has elected party incurring same.
e. Binding arbitration under this article shall apply only to withdraw administrative decisions which contravene or not misapply Board policy or the provisions of the agreement, and to support any other misinterpretation, misapplication or violation of Board policy or this agreement; and no grievance shall be arbitrable that involves the grievance and so notifies all Parties in writing. In this casediscipline of any employee, the fees non-renewal of non-tenured employees, or any other matter for which a method of review is provided in the Division of Controversies and expenses Disputes under the Commissioner of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherEducation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the Association grievance is not satisfied resolved at Level Three, or if no written answer has been rendered within fifteen (15) days of the meeting with the disposition of the grievance at Level Three or if the grievant is not represented by the AssociationBoard, the grievant Association may submit the grievance to final and binding arbitration before an impartial arbitrator, using under the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt Voluntary Labor Arbitration Rules of the Level Three disposition and that American Arbitration Association which shall act as the Association, (if administrator of the Association is representing the grievant), or grievant, if the association proceedings. If a demand for arbitration is not representing the grievant has submitted the grievance to FMCS for arbitration filed within that time limit.
1. If the District does not agree within ten thirty (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (730) days of the receipt of date for the list of arbitrators from FMCSLevel Three answer, then the arbitrator will be selected by FMCS in accordance with its rulesgrievance is deemed withdrawn. The arbitrator Arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreementthis agreement. The arbitrator will conduct a hearingArbitrator shall have no power to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement or any applicable Board policy. He or she shall render his/her decision consider only the specific issues submitted in writing within (30) days after by both parties and shall have no authority to decide any issue which was not submitted to him/her. The Arbitrator shall be without the close power to make a decision contrary to, inconsistent with, or modifying or varying in any way the applicable laws and rules and regulations having the force and effect of law. The Arbitrator’s decision shall be based solely upon his or her interpretation of the arbitration hearing and shall furnish a copy meaning or application of the specific terms of this agreement as applied to the Associationfacts of the grievance presented. The Arbitrator is empowered to include in any award such financial reimbursements or other remedies as he/grievant she judges to be proper. Each party shall bear the full costs for its representation in the arbitration. The cost of the Arbitrator and the DistrictAmerican Arbitration Association shall be divided equally between the Board and Association. The Parties agree that the decision If either party requests a transcript of the arbitrator proceedings, that party shall bear full responsibility for the cost of the transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be final and binding on all Parties. The fees and expenses of divided equally between the arbitrator shall be shared equally by the District Board and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherAssociation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the Association aggrieved person is not satisfied with the disposition of the grievance at Level Three or if Three, said employee may within five (5) school days of the grievant Board's decision, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance is not represented by the Associationmeritorious, the grievant it may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) school days following after receipt of a request by the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limitaggrieved person.
1. If the District does not agree within b. Within ten (10) school days after such written notice of receipt of the written notice, that the matter is arbitrablesubmission to arbitration, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District Board and the Association (or the grievant if the Association is not representing the grievant) shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3serve. If the Parties cannot mutually parties are unable to agree to upon an arbitrator or to obtain such a commitment within seven (7) days of the receipt of the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator.
c. The arbitrator so selected shall hold hearings promptly and shall issue his/her decision not later than thirty (30) calendar days from FMCSthe date of the close of the hearings, or if oral hearings have been waived, then from the arbitrator will date of the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be selected by FMCS in accordance with its ruleswriting and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall have no be without power or authority to add to, subtract from, modify render a decision which requires the commission of an act prohibited by law or alter which is violative of the terms of the this Agreement. He shall have no authority to add to detract from, alter, amend, or modify any provision of this Agreement. The award in writing by the arbitrator will conduct a hearing, shall render on the merits of any grievance adjudicated within his/her decision in writing within (30) days after the close of the arbitration hearing jurisdiction and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator authority shall be final and binding on all Parties. the parties.
d. The fees arbitrator shall limit himself to the interpretation and expenses application of the terms of this Agreement, to the issues submitted to him and to consider no other(s).
e. The arbitrator shall have the power and authority to preclude the introduction of new or parole evidence upon proper motion insofar as such introduction is violative of the provisions contained herein.
f. The arbitrator shall be shared without power or authority to fashion a monetary award except in the following instances:
(1) To make an aggrieved whole.
(2) Where the award is a matter of equity.
g. All fees of the arbitrator, including but not limited to necessary travel expenses, but not including fees for transcripts and payments to witnesses, of any arbitration proceedings shall be borne equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writingparties. In this case, Each party shall pay the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherits own counsel or representative(s).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three Three, or if no decision has been rendered within ten (10) working days after said meeting of the grievant is not represented by the AssociationCommittee, the grievant may submit Association and the grievance aggrieved employee, the Association may, by giving written notice to arbitration before an impartial arbitratorthe Committee within ten (10) working days after the date of the Committee's decision in Level Three, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration or within twenty (20) working days after said meeting with the Committee if no decision has been rendered, present the grievance for arbitration. In such case, the following receipt of the Level Three disposition procedure will be followed:
1. The Committee and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted shall forthwith submit the grievance to FMCS the State Board of Conciliation and Arbitration, or to such other Arbitration Tribunal as may be mutually agreed upon, for arbitration within that time limit.
1. If disposition in accordance with the District does not agree within ten (10) days applicable rules of receipt said State Board of the written noticeConciliation and Arbitration, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees or such other Arbitration Tribunal as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will may be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and arbitrator selected shall hold hearings promptly and, unless the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information time shall be borne extended by mutual agreement, the requesting Party arbitrator shall issue his/her decision in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior timely manner from the date of submission to him/her of the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Partyfinal statements and proofs.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusion. The authority of the receipt arbitrator shall be limited to the terms and provisions of this Agreement and the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rulesquestion or questions which are submitted. The arbitrator shall have no only the power to add to, subtract from, modify interpret what the parties to this Agreement intended by the specific clause in the Agreement which is at issue. The arbitrator shall be without power or alter authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of the Agreement. The arbitrator will conduct a hearingshall have no authority to establish wages or other compensation, shall render his/her decision nor to alter, modify, or change in writing within (30) days after any way the close terms and provisions of the arbitration hearing and shall furnish a copy to the Association/grievant and the Districtthis Agreement.
4. The Parties agree that the decision of the arbitrator shall be final and binding on all Partiesupon the Committee, the Association, and the aggrieved employee.
5. The fees fee and expenses expense of the arbitrator and the expense directly related to the arbitration hearing shall be shared equally by the District Committee and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the otherAssociation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a.) If the Association is not satisfied aggrieved member with the disposition consent of the grievance at Level Three R.E.A. or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that Runnemede Board of Education determines the grievance is proceeding not satisfied, the grievance shall be submitted to arbitration within twenty (2015) school days following receipt of by the Level Three disposition and that the Association, (aggrieved member or R.E.A. Committee if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limitso required.
1. If the District does not agree within b.) Within ten (10) school days of receipt of the after such written notice, that the matter is arbitrablenotice or submission to arbitration, the District shall notify the Grievant Board and the Association, in writing, that it disagrees as aggrieved member and/or the R.E.
A. Committee shall attempt to the arbitrability of the grievance. The Parties agree that in such instances, an upon a mutually acceptable arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3serve. If the Parties cannot mutually parties are unable to agree to upon an arbitrator or to obtain such a commitment within seven (7) days of the receipt of the specified period, a request for a list of arbitrators from FMCS, shall be made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
c.) The arbitrator will so selected shall confer with a representative of theBoard and the member and/or the R.E.
A. Committee and hold hearings promptly and shall issue a decision. The arbitrator's decision shall be selected by FMCS in accordance with its ruleswriting and shall set forth findings reasoning and conclusions on the issues submitted. The arbitrator shall have no be without power or authority to add tomake any decision, subtract from, modify which requires the commission of an act prohibited by law or alter which violates of the terms of the this Agreement. The arbitrator will conduct a hearingshall be without power or authority to alter, shall render his/her decision in writing within (30) days after modify or amend the close express terms of the arbitration hearing and shall furnish a copy this Agreement or to the Association/grievant and the Districtexpand its meaning by implication. The Parties agree that the decision of the arbitrator shall be submitted to the Board, the aggrieved member and the Association and shall be final and binding on all Parties. the parties.
d.) The fees and expenses cost of/or the services of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be shared borne equally by the District Board and the Association unless when mutually agreed upon to submit the Association has elected to withdraw or arbitration, however, each party shall bear the expense of its own witnesses and council. If not to support the grievance and so notifies all Parties in writing. In this casemutually agreed upon, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses cost as defined above shall be borne by the Party incurring them, and neither Party shall be responsible moving party for the expense of witnesses called by first five (5) grievances - after that, the otherexpense, as defined, would be equally shared.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. ARBITRATION: If the Association grievant is not satisfied with the disposition of the grievance at Level Three Three, or if no decision has been rendered within ten (10) school days after they have first met with the grievant is not represented Board, they may, within five (5) school days after a decision by the AssociationBoard or fifteen (15) school days after they have their first meeting with the Board, whichever is sooner, request in writing that the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to Association submit the grievance to arbitration, both . If the Superintendent and FMCS must receive written and timely notice Association determines that the grievance is proceeding involves the interpretation, meaning or application of any of the provisions of this Agreement, it may, by written notice to arbitration the Superintendent within twenty fifteen (2015) school days following after receipt of the Level Three disposition and that request from the AssociationGrievant, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted submit the grievance to FMCS for arbitration within that time limit.
1binding arbitration. If any question arises as to whether a particular dispute involves the District does not agree within interpretation, meaning or application of any of the provisions of this Agreement, the arbitrator selected to hear the dispute will first rule upon such question. In the event that a case is appealed to an arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. Except as otherwise expressly provided in this Agreement, the hearing will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (herein referred to as the “AAA RULES”). Within ten (10) school days after such written notice of receipt of the written notice, that the matter is arbitrablesubmission to arbitration, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District Superintendent and the Association (or the grievant if the Association is not representing the grievant) will attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from such arbitrator to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3serve. If the Parties cannot mutually parties as unable to agree to upon an arbitrator or obtain such a commitment within seven the ten (710) days day period, a request for a list of five (5) arbitrators shall be made to the Employment Relations Board (hereinafter referred to as the “XXX”) by either party. Upon receipt of the list of arbitrators five (5) arbitrators, both parties shall strike one (1) name from FMCSthe list until one (1) name remains. The first one to strike a name shall be determined by a flip of a coin. The arbitrator selected will confer with the representatives of the Board and the Association and hold hearings promptly and will issue their decision not later than thirty (30) days from the date of the close of the hearings or, then if oral hearings have been waived, from the date of the final statements and proofs submitted to them. The arbitrator’s decision will be in writing and will set forth their findings of facts, reasoning’s and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision, which requires the commission of an act, prohibited by law or which modifies, alters or amends the terms of this Agreement. The decision of the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy submitted to the Association/grievant Board and the District. The Parties agree that the decision of the arbitrator shall Association and will be final and binding on all Partiesupon the parties. The fees and expenses costs for the services of the arbitrator shall arbitrator, including per diem expense, if any, and their travel and subsistence expenses and the costs of any hearing room, will be shared borne equally by the District Board and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievantAssociation. All other expenses shall costs will be borne by the Party party incurring them, and neither Party shall be responsible for the expense of witnesses called by the other.
Appears in 1 contract
Samples: Collective Bargaining Agreement