Level Four. A. If within ten (10) school days following the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the 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 ten (10) school days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitrator. B. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. C. The costs of the services of the arbitrator will be borne equally by the Board and the Association. D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 7 contracts
Samples: Master Contract, Master Contract, Master Contract
Level Four. A. a. If the Association is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within ten (10) school days following after being presented to the formal third step Board, the Association submits may within five (5) school days after a decision by the Board request in writing that the grievance be submitted to binding arbitration. If the Association determines that the grievance is meritorious and that it arises from the language of this Agreement or an alleged violation, misinterpretation or misapplication thereof and that submitting it to binding arbitration is in the best interest of the Republic-Michigamme School System, it may by written notice to the Board submit the grievance to binding arbitration within thirty (30) school days after receipt of a request by the aggrieved person. Grievances which do not arise from the language of this Agreement or an alleged violation, misinterpretation, or misapplication thereof may be processed through Level Three but will not be arbitrable.
b. Within ten (10) school days after such written notice of submission to binding arbitration the Superintendent to enter into arbitration, the Superintendent Board and the Association shall attempt to committee will agree upon a mutually acceptable arbitrator and shall will 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 ten (10) school daysthe specified period, a written request for a list of arbitrators shall will be made to the Public Employment Relations Board (PERB) American Arbitration Association by either party. The list shall consist parties will be bound by the rules and procedures of seven (7) potential arbitrators and the parties shall determine by lot which party shall have American Arbitration Association in the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. c. The arbitrator so selected shall will confer with the Superintendent representatives of the Board and the Association and hold hearings promptly and shall will issue his/her decision not later than fifteen twenty (1520) school days from the date of the close of the hearings, or, hearings or if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her. The arbitrator's ’s decision shall will be in writing and shall will set forth his/her findings of fact, reasoningreasonings, and conclusions of on the issues submitted. The arbitrator's arbitrator will be without power to make any decision which requires the commission of any act prohibited by law or which is violative of the terms of this Agreement. He/she shall have no power to alter, add to, or detract from the specific provisions rule on any of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative actsfollowing:
1. The decision termination of services of or failure to re-employ any probationary employee;
2. Any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law.
d. The fees and expenses of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties.
C. The costs of the services of the arbitrator will be borne shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 4 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Level Four. A. (a) If the aggrieved person or the Association is not satisfied with the disposition of the grievance by the Superintendent or if no disposition has been made within the time limits, the aggrieved person and the Association shall meet within five (5) working days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration.
(b) If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) working days of disposition of the grievance at Level III.
(c) Within ten (10) school working days following the formal third step the Association submits a request after written notice to the Superintendent of submission to enter into arbitration, the Superintendent or designee and the Association or its designee 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 ten (10) school daysthe specified period, a written request for of a list of arbitrators shall be made to the Public Employment Relations Board (PERBPER Board) by either party. The list shall consist of seven five (75) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one within three (13) school day working days thereafter, in that order, alternately to remove until one (1) strike a name remains. The person whose from the list and the fifth and remaining name remains shall be the arbitrator.
B. (d) The arbitrator so selected shall confer with the Superintendent representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school working days from the date of the close of the hearings, hearings or, if oral hearings have been waived, then from the date the final statements statement and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings finding of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's arbitrator shall be without power or authority to make any decision shall have no power to alter, add to, which requires the commission of an act prohibited by law or detract from the specific provisions which is in violation of the terms of this Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent Board and the Association and shall be final and binding on the parties.
C. (e) The costs of for the arbitrator list, the services of the arbitrator will including per diem expenses, if any, his/her actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three or if no decision has been rendered within ten (10) school days following after he/she has first met with the formal third step Sub-Committee, he/she may within five (5) days after a decision by the Association submits School Committee or fifteen (15) days after he/she has met with the Sub-Committee, whichever is sooner, request in writing the Chairperson of the PR & R Committee to submit his/her grievance to arbitration. If the PR & R Committee determines that the grievance is meritorious, it may submit the grievance to binding arbitration within fifteen (15) days after receipt of a request by the aggrieved person.
b. Within ten (10) days after such written notice of submission to the Superintendent to enter into arbitration, the Superintendent Sub-Committee and the Association shall attempt to P R& R Committee will agree upon a mutually acceptable arbitrator and shall will 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 ten (10) school daysthe specified period, a written request for a list of arbitrators shall may be made to the Public Employment Relations Board (PERB) American Arbitration Association by either party. The list shall consist parties will be bound by the rules and procedures of seven (7) potential arbitrators and the parties shall determine by lot which party shall have said board in the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. c. The arbitrator Arbitrator, so selected shall selected, will confer with the Superintendent representatives of the School Committee and the Association PR & R Committee and hold hearings promptly and shall will issue his/her decision not later than fifteen thirty (1530) school days from the date of the close of the hearings, or, ; or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, and conclusions of the on issues submitted. The arbitrator's decision shall have no Arbitrator will be without power or authority to alter, add to, make any decisions which require the commission of an act prohibited by law or detract from the specific provisions which is violative of the Agreement. No decision terms of this Agreement or which is violative of inherent power and authority of the arbitrator shall in any way be derogation of the powers, duties, and rights Committee as established in the Board by constitutional provisions, statue, ordinance, or special legislative actslaw. The decision of the arbitrator shall Arbitrator will be submitted to the Superintendent Committee and to the Association and shall will be final and binding on the partiesbinding.
C. d. The costs for the service of the services of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Board Committee and the Association.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. If within 1. Within ten (10) school days following the formal third step Level Three disposition by the Association submits a request to the Superintendent to enter into arbitrationSuperintendent, the Superintendent and the 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 ten (10) school days, file a written request for a list of arbitrators shall be made to with the Public Employment Relations Board (PERB) by either partyBoard. The list shall consist of seven (7) potential arbitrators arbitrators, and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have alternately remove one (1) school day alternately to remove name until only one (1) name remains. The person whose name remains shall be the arbitrator. Each party may reject a list once and request a new arbitrator. Each party may reject a list once and request a new list of seven (7) names from the Public Employment Relations Board. Names shall be struck within two (2) school days of receipt of the list.
B. 2. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her a decision not later than fifteen (15) school days from the date of the close of the hearingshearing, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/hersubmitted. The arbitrator's ’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's decision arbitrator shall have no power to alter, add to, to or detract subtract from the specific provisions of the Master Contract Agreement. No decision of the arbitrator shall in any way be in derogation of the powers, duties, duties and rights established in the Board board by constitutional provisions, statuestatute, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent District and to the Association and shall be final and binding on the parties.
C. 3. The costs of for the services of the arbitrator will be borne equally by the Board and the Association.
D. 4. If the grievant files any claim or complaint in any forum form other than under the grievance procedure of this Master Contract Agreement, then the school district District shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days following after the formal third step meeting with the Association submits Board, the aggrieved person may, within five (5) school days after a decision by the Board, or fifteen (15) school days after the meeting with Board, whichever is sooner, request, in writing, that the Chairperson of the Teacher Rights Committee submit that grievance to arbitration. If the Teacher Rights Committee determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of the school system, it may submit the grievance, in writing, to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person.
b. Within ten (10) school days after such written notice of submission to the Superintendent to enter into arbitration, the Superintendent Board and the Association shall attempt to Teacher Rights Committee will agree upon a mutually acceptable arbitrator and shall will 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 ten (10) school daysthe specified period, a written request for a list of arbitrators shall may be made to the NH Public Employment Employees Labor Relations Board (PERB) by either party. The list shall consist parties will then be bound by the rules and procedures of seven (7) potential arbitrators and the parties shall determine by lot which party shall have NH Public Employees Labor Relations Board in the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. c. The arbitrator so selected shall will confer with representatives of the Superintendent Board and the Association Teacher Rights Committee and hold hearings promptly and shall will issue his/her a decision not later than fifteen twenty (1520) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/herthe arbitrator. The arbitrator's decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's arbitrator will be without power or authority to make any decision shall have no power to alter, add to, which requires the commission of an act prohibited by law or detract from the specific provisions which is violate of the terms of this Agreement or which changes or amends this Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. .
d. The decision of the arbitrator shall be submitted binding upon both parties. However, both parties shall have a right to appeal to the Superintendent New Hampshire Superior Court under the provision of Revised Statutes Annotated, Chapter 542, as amended. It is hereby specifically agreed by the Board and the Association that this contract and shall be final and binding on grievance procedure clause are subject to the partiesprovisions of New Hampshire Revised Statutes Annotated, Chapter 542, as amended.
C. e. The costs of for the services of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Board and the Association. The parties agree that the party which requests a postponement of any arbitration hearing shall be obligated to pay any costs or fees submitted by the arbitrator and/or the NH Public Employees Labor Relations Board which result from the postponement.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. If the alleged grievance is not resolved to the satisfaction of the employee and the Association within twenty (20) calendar days immediately ensuing the response at Level Three, the Association may submit a grievance in writing to arbitration, provided that the Association shall contemporaneously with the submission to arbitration, advise the District in writing, that the Association is of the opinion that the grievance is meritorious
a) Within ten (10) school work days following the formal third step after written notice has been given by the Association submits a request to the Superintendent District that a grievance is to enter into arbitrationbe submitted to arbitration in accordance with the provisions hereinabove set forth, the Superintendent Association and the Association shall attempt to School Committee will agree upon a mutually acceptable arbitrator and shall will obtain a such commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10the specified period, either party may request the designation of an arbitrator by the American Arbitration Association or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules of procedure of the American Arbitration Association or Massachusetts Division of Labor Relations, in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided.
b) school daysThe cost of the services of the arbitrator, a written request for a list of arbitrators including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be made to borne equally by the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators District and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorAssociation.
B. c) The arbitrator so selected shall will confer with the Superintendent representatives of the School Committee and the Association and hold hearings promptly and shall will issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/heras soon as possible. The arbitrator's ’s decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues issue submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law.
C. d) The costs of the services of the arbitrator arbitration hearing will be borne equally by held within the Board and the AssociationDistrict unless both parties agree to another designated place.
D. If e) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the grievant files any claim said employee or complaint in any forum other than under Association may have with respect to the grievance procedure of this Master Contract Agreement, then the school district shall not be required matter submitted to process the same claim or set of facts through this grievance proceduresaid arbitration.
Appears in 2 contracts
Level Four. A. (a) If within the grievance is an applicable contractual issue and remains unresolved at the completion of Level Three, the Association shall have ten (10) school days following the formal third step the Association submits a request to submit to the Superintendent a written request to enter into arbitration. Upon receipt of such request, the Superintendent or designee and the Association shall attempt have ten (10) school days 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 these ten (10) school schools days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) appropriate regional office of the American Arbitration Association by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until only one (1) name remains. The remains and the person whose name remains shall be the arbitrator.
B. (b) IC 20-28-7.5-7 expressly prohibits a school employer and an exclusive representative from mutually agreeing to binding arbitration concerning teacher dismissals. All other types of grievance shall be an open hearing.
(c) The arbitrator so selected shall confer with the Superintendent or designee and the Association and hold hearings the hearing promptly and shall issue his/her a decision not later than fifteen thirty (1530) school days from the date of the close of the hearingshearing, or, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/herreceived by the arbitrator. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of on the issues submitted. The arbitrator's decision arbitrator shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative actsthis agreement. The decision of the arbitrator shall be submitted to the Superintendent or designee and the Association and shall be final and binding on upon the parties.
C. (d) The costs of fees and the services expenses of the arbitrator will shall be borne shared equally by the Board and the Association.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Level Four. A. a. If the Association is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within ten (10) school days following after being presented to the formal third step Board, the Association submits may within five (5) school days after a decision by the Board request in writing that the grievance be submitted to binding arbitration. If the Association determines that the grievance is meritorious and that it arises from the language of this Agreement or an alleged violation, misinterpretation or misapplication thereof and that submitting it to binding arbitration is in the best interest of the Republic- Michigamme School System, it may by written notice to the Board submit the grievance to binding arbitration within thirty (30) school days after receipt of a request by the aggrieved person. Grievances which do not arise from the language of this Agreement or an alleged violation, misinterpretation, or misapplication thereof may be processed through Level Three but will not be arbitrable.
b. Within ten (10) school days after such written notice of submission to binding arbitration the Superintendent to enter into arbitration, the Superintendent Board and the Association shall attempt to committee will agree upon a mutually acceptable arbitrator and shall will 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 ten (10) school daysthe specified period, a written request for a list of arbitrators shall will be made to the Public Employment Relations Board (PERB) American Arbitration Association by either party. The list shall consist parties will be bound by the rules and procedures of seven (7) potential arbitrators and the parties shall determine by lot which party shall have American Arbitration Association in the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. c. The arbitrator so selected shall will confer with the Superintendent representatives of the Board and the Association and hold hearings promptly and shall will issue his/her his decision not later than fifteen then twenty (1520) school days from the date of the close of the hearings, or, hearings or if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her. The arbitrator's ’s decision shall will be in writing and shall will set forth his/her his findings of fact, reasoningreasonings, and conclusions of on the issues submitted. The arbitrator's arbitrator will be without power to make any decision which requires the commission of any act prohibited by law or which is violative of the terms of this Agreement. He shall have no power to alter, add to, or detract from the specific provisions rule on any of the Agreementfollowing:
1. No decision The termination of services of or failure to re-employ any probationary teacher.
2. The termination of services or failure to re-employ any teacher to a position on the arbitrator shall in extracurricular schedule.
3. Any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law, including any way be derogation of matter subject to the powers, duties, and rights established procedures specified in the Board by constitutional provisionsTeacher’s Tenure Act (Act IV, statuePublic Acts, ordinance, or special legislative actsextra session of 1937 of Michigan as amended).
4. Any matter involving teacher evaluation.
d. The decision fees and expenses of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties.
C. The costs of the services of the arbitrator will be borne shared equally by the Board and the Association. 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.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. If within the answer from the Superintendent (or his/her designee) is not acceptable to the Association, it may subject the case to arbitration by filing a written demand for arbitration with the Board not more than ten (10) school days following after receipt of the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serveSuperintendent’s Level 3 disposition. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10) school days, a written request for a list of arbitrators The Arbitrator shall be made to selected in accordance with the Public Employment Relations Board (PERB) by either partyrules and procedures of the American Arbitration Association. The list Arbitrator’s fees and expenses shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitrator.
B. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties.
C. The costs of the services of the arbitrator will be borne equally by the Board and the Association. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement, and shall be limited to the interpretation and application of this Agreement in rendering the award. Parties may not raise issues or articles not raised during the grievance procedure. At arbitration, the arbitrator shall render a decision on arbitrability before hearing the substance of the grievance. It shall be the function of the Arbitrator, and he/she shall be empowered, except as his/her powers are limited below, to issue a binding opinion and award in cases of alleged violation of the specific Articles and Sections of this Agreement.
D. If a. The Arbitrator’s authority shall be limited to deciding whether a specific Article, Section, or Subsection of this Agreement has been violated and shall be subject to, in all cases, the grievant files any claim or complaint in any forum other than rights, responsibilities and authority of the parties under the grievance procedure Michigan Revised School Code or any other state or federal laws.
b. The Arbitrator shall have no power to render a binding opinion and award upon the termination of services or failure to re-employ any probationary bargaining unit member.
c. The Arbitrator shall have no power to issue a binding opinion and award which has the effect of changing any practice, policy or rule of the Board nor to substitute his/her judgment for that of CISD as to the reasonableness of any such practice, policy, rule or any action taken by CISD, provided that the same is not in conflict with the express provisions of this Master Contract Agreement.
d. The Arbitrator shall have no power to interpret state and federal law.
e. The Arbitrator shall have no power to rule on the non-renewal of an employee in an extra-duty position.
f. The Arbitrator shall have no authority to issue a binding opinion and award pertaining to the content of an employee evaluation.
g. In rendering a binding opinion and award, then the school district Arbitrator shall not give due regard to the responsibility of management and shall so construe this Agreement so that there will be required to process no interference with such responsibilities except as they may be specifically limited or conditioned by this Agreement.
h. No more than one grievance may be considered by the Arbitrator at the same claim or set time, except upon the express written mutual consent of facts through this grievance procedurethe Board and the Association.
i. The cost of the arbitration shall be borne equally by the Board and the Association, except each party shall assume its own costs for representation, including any expense of witnesses.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. a. If the Aggrieved Person is not satisfied with the disposition of the Grievance at Level Three, or if no decision has been rendered within ten (10) school days following after the formal third step Grievance was delivered to the Board, the Aggrieved Person may, within five (5) school days after a decision by the Board, or within fifteen (15) school days after the Grievance was delivered to the Board, whichever is sooner, request in writing that the Association submits a submit the Grievance to arbitration. If the Association determines that the Grievance is meritorious, it may submit the Grievance to arbitration within fifteen (15) school days after the receipt of the request by the Aggrieved Person.
b. Within ten (10) school days after such written notice of submission to the Superintendent to enter into arbitration, the Superintendent Board and the 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 ten (10) school daysthe specified arbitration period, a written request for a list of arbitrators shall may be made to the Public Employment Relations Board (PERB) American Arbitration Association by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine then be bound by lot which party shall have the right to remove rules and procedures of the first name from American Arbitration Association in the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. c. The arbitrator so selected shall confer with the Superintendent representatives of the Board and the Association and hold hearings promptly and shall issue his/her his decision not later than fifteen twenty (1520) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitratorArbitrator's decision shall be in writing and shall set forth his/her his findings of factfacts, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision authority of the arbitrator shall in be limited solely to the interpretation of, the application of, or compliance with, the provisions of this agreement and he shall have no authority to add to, subtract from, or modify any way be derogation of the powersprovisions of this agreement. In rendering his decision, dutiesthe arbitrator shall be bound by all applicable New Jersey and Federal Statutes, the Constitutions of the State of New Jersey and the United States, and rights established in all applicable decisions of the Commissioner of Education, the State Board by constitutional provisionsof Education, statuethe Public Employment Relations Commission, ordinance, or special legislative actsthe Courts of the State of New Jersey and the Federal Courts having jurisdiction over matters arising within the State of New Jersey. The decision of the arbitrator shall be submitted to the Superintendent Board and the Association and shall be final and binding on upon the parties.
C. d. The costs of for the services of the arbitrator will arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. (a) If the grievance is not resolved to the satisfaction of the aggrieved party, and the Grievance Committee of the Association feels the grievance has merit, and if the grievance pertains exclusively to alleged misinterpretation, inequitable application or violation of any of the provisions of this Agreement, the grievance may be submitted to the Public Employment Relations Commission for arbitration by a written notice to the Board within ten (10) school days following receipt of the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the 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 ten (10) school days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorBoard's decision.
B. (b) The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision arbitrator shall be in writing and shall set forth his/his or her findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by or violative of any law, or which is violative of the terms of this Agreement. The arbitrator shall have no power or authority to alter, add to, to nor to subtract from or detract from to modify any of the specific provisions terms of the Agreement. No , nor shall he or she in any case have the power to rule on any issue or dispute which is not an arbitrable grievance by law or as defined in this Article, or which is expected from this grievance procedure or arbitrator’s review by law or by any other provision of this Agreement, or any decision provided by this Agreement to be made in the discretion of the arbitrator shall in any way be derogation of Superintendent or the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative actsBoard. The decision of the arbitrator shall be submitted to the Superintendent Board and the Association and shall be final and binding on the parties.
C. (c) The costs of for the services of the arbitrator will arbitrator, including per diem expenses, if any, and the actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association.
D. If (d) In the grievant files any claim event a grievance is filed after June 1, or complaint that the time limits for processing the grievance extend into the summer recess period, the number of days specified in any forum other than under the grievance procedure of this Master Contract Agreement, then shall continue to be interpreted as if the school district year is in session.
(e) Days listed as "vacation" in the Board approved School Calendar shall not be required to process exempted from the same claim or set of facts through this grievance proceduretimeline.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. A. If the alleged grievance is not resolved to the satisfaction of the employee and the Association within twenty (20) calendar days immediately ensuing the response at Level Three, the Association may submit a grievance in writing to arbitration, provided that the Association shall contemporaneously with the submission to arbitration, advise the District in writing, that the Association is of the opinion that the grievance is meritorious.
a) Within ten (10) school work days following the formal third step after written notice has been given by the Association submits a request to the Superintendent District that a grievance is to enter into arbitrationbe submitted to arbitration in accordance with the provisions hereinabove set forth, the Superintendent Association and the Association shall attempt to School Committee will agree upon a mutually acceptable arbitrator and shall will obtain a such commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10the specified period, either party may request the designation of an arbitrator by the American Arbitration Association or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules of procedure of the American Arbitration Association or Massachusetts Division of Labor Relations, in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided.
b) school daysThe cost of the services of the arbitrator, a written request for a list of arbitrators including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be made to borne equally by the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators District and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorAssociation.
B. c) The arbitrator so selected shall will confer with the Superintendent representatives of the School Committee and the Association and hold hearings promptly and shall will issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/heras soon as possible. The arbitrator's ’s decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues issue submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law.
C. d) The costs of the services of the arbitrator arbitration hearing will be borne equally by held within the Board and the AssociationDistrict unless both parties agree to another designated place.
D. If e) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the grievant files any claim said employee or complaint in any forum other than under Association may have with respect to the grievance procedure of this Master Contract Agreement, then the school district shall not be required matter submitted to process the same claim or set of facts through this grievance proceduresaid arbitration.
Appears in 2 contracts
Level Four. A. If the grievant is not satisfied with the disposition of the grievance at Level Three, the grievant may, within ten (10) school days following after the formal third step mediation process (Level Three) has been exhausted, request that the Association submits a request submit the grievance to arbitration.
a. If the Superintendent Association decides to enter into submit the grievance to arbitration, the Superintendent and the 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 it may, within ten (10) school daysdays after receipt of the request from the grievant, a give written notice to the Superintendent/designee of its intent to submit the grievance to arbitration.
b. Within ten (10) days of such notice, unless the parties mutually agree on an arbitrator, the Superintendent/designee shall request for a list of five (5) arbitrators shall be made to from the Public Employment Relations Board (PERB) by either partyCalifornia State Conciliation Service. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right will meet to remove alternately strike names until an arbitrator is selected; with the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorstrike determined by coin toss.
B. c. The arbitrator so selected shall will confer with the Superintendent representatives of the Superintendent/designee and the Association and will hold hearings promptly and shall will issue his/her a decision not later than fifteen (15) school days from as soon as reasonably practical after the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. hearing.
d. The arbitrator's ’s decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, and conclusions of on the issues submitted. .
e. The arbitrator's decision shall have no arbitrator will be without power or authority to alter, add to, or detract from the specific provisions change any of the Agreement. No contract or to make any decision which is violative of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. contract.
f. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall will be final and binding on the partiesparties and will be submitted to the District and the Association.
C. g. The costs arbitrator, in rendering his/her opinion, shall not amend, modify, nullify, ignore, nor add to the provisions of this Agreement. His/her authority shall be limited to deciding only the issue or issues presented to him/her in writing by the District and the grievant or his/her representative, and the arbitrator’s decision must be based upon his/her interpretation of the meaning or application of the language of this Agreement.
h. The cost for the services of the arbitrator including per diem expenses, if any, travel, and subsistence expenses will be borne equally by the Board and the Association. Any other costs will be borne by the party incurring them.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. a. If the Association is not satisfied with the disposition of the grievance alleging a violation of a term or condition of employment at Level Three, the Association may within fifteen (15) workdays after receiving written notification of the decision by the Board or the Board Committee, as the case may be, or forty-six (46) workdays after the request for the hearing, notify the Board that the grievance is being submitted to arbitration.
b. Within ten (10) school days following the formal third step the Association submits a request workdays after such written notice of submission to the Superintendent to enter into arbitration, the Superintendent Board and the 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 ten (10) school daysthe specified period, a written request for a list of arbitrators shall may be made to the Public Employment Relations Board (PERB) American Arbitration Association or PERC by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine then be bound by lot which party shall have the right to remove rules and procedures of the first name from American Arbitration Association or PERC in the listselection of an arbitrator. The party having the right arbitrator shall limit him/herself to remove the first name issues submitted to him/her and shall do so within two (2) school daysconsider nothing else. Then the parties shall have one (1) school day alternately She/he can add nothing to remove until one (1) name remains. The person whose name remains shall be the arbitratornor subtract anything from this agreement.
B. c. The arbitrator so selected shall confer with the Superintendent representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen twenty (1520) school days workdays from the date of the close of the hearings, hearings or, if oral hearings have been waived, then from the date the of final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in be without power or authority to make any way be derogation decision which requires the commission of an act prohibited by law or which clearly violates the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative actsterms of this Agreement. The decision of the arbitrator shall be submitted to the Superintendent Board and the Association and shall be final and binding on the both parties.
C. d. The costs of for the services of the arbitrator will arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. a. If the grievance is not resolved or if no decision has been rendered at Level Three and if the grievance involves the express, written terms of this Agreement, the aggrieved person may within ten (10) school days following the formal third step request in writing to the Association submits President that the Association submit the grievance to arbitration.
b. If the Executive Committee of the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) school days after receipt of a written request by the aggrieved person. At the same time, notice of intention to proceed to arbitration shall be given to the Superintendent Board through the Superintendent.
c. Within fifteen (15) school days after such written notice of submission to enter into arbitration, the Superintendent Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If .
d. In the event that the parties are unable to cannot agree upon an on the arbitrator or to obtain such a commitment within ten fifteen (1015) school days, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a written request for a list of arbitrators shall be made to from the Public Employment Relations Board (PERB) by either partyCommission. Upon receipt of said list, each party will separately strike the names of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept.
e. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains arbitrator who will ultimately be chosen shall be the arbitratorone, if any, who appears on both acceptable lists with the lowest average number of placement. In the event that there are no arbitrators that are agreeable to the parties, a new list will be requested and the same procedure will be followed until a satisfactory arbitrator is chosen.
B. f. The arbitrator so selected shall confer with the Superintendent representative of the Board, the aggrieved person and representatives of the Association and hold hearings promptly and shall issue his/her a decision not later than fifteen forty-five (1545) school calendar days from following the date close of record of the hearing. The record of the hearing shall be deemed closed upon the submissions of the parties' post- hearing briefs, if any, which shall in no event be submitted more than thirty (30) days following the close of the hearingshearing. The arbitrator may not decide an issue, orwhich is not arbitrable as determined by the arbitrator, if oral hearings have been waivedPERC, then from or the date State courts, nor may the final statements and proofs on arbitrator add to or modify the issues are submitted to him/hercollective bargaining agreement. The arbitrator's decision shall be in writing and shall set forth his/her the findings of fact, reasoning, and conclusions of on the issues issue submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted final and binding, and may be made available to the Superintendent public and press without consent of the Association and shall be final and binding on the other parties.
C. g. The costs of the services of the arbitrator will arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. Arbitration
a) If the Association determines that the grievance is meritorious it may submit the grievance to arbitration within fifteen (15) work days of receipt of disposition from the Superintendent or disposition deadline.
b) Within ten (10) school days following the formal third step the Association submits a request after written notice to the Superintendent Board of submission to enter into arbitration, arbitration the Superintendent Board and the 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 ten (10) school daysthe specified period, a written request for a list of arbitrators shall be made to the Public Employment Relations PERB Board (PERB) by either party. The list from the said Association shall consist of seven five (75) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove list and alternate striking until one (1) name remains. The person whose name remains shall be the arbitrator.
B. c) The arbitrator so selected shall confer with the Superintendent representative of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen thirty (1530) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues issue are submitted to him/her. The arbitrator's ’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's arbitrator in his/her decision shall have no power not amend, modify, nullify, ignore or add to alter, add to, or detract from the specific provisions of the Agreementcontract. No The arbitrator’s decision shall be based solely and only upon the arbitrator’s interpretation and construction of the arbitrator shall in any way be derogation meaning or application of the powers, duties, and rights established in expressed relevant language of the Board by constitutional provisions, statue, ordinance, or special legislative actsagreement. The decision of the arbitrator shall be submitted transmitted to the Superintendent Board and to the Association Association, and shall be final and binding on the parties.
C. The costs of d) Expenses for the arbitrator’s services of and the arbitrator will proceedings shall be borne equally by the Board employer and the Association.
D. If the . However, each party shall be responsible for compensating its own representative and witnesses. Employee Name: Date: Job Title: Date of hire: Home Mailing Address: Phone: The grievant files any claim or complaint in any forum other than under the grievance procedure should retain a copy of this Master Contract Agreementform for his/her records. The signature below indicates that you are filing a grievance, then the school district shall not be required to process the same claim or set of facts through and any information on this grievance procedure.form if truthful. Employee Signature Date Received by Date
Appears in 1 contract
Samples: Comprehensive Agreement
Level Four. A. 1) If the aggrieved person or the Association is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days following after the formal third step meeting with the Subcommittee, he/she may within four (4) days after a decision by the Committee or twelve (12) days after the meeting with the Subcommittee, whichever is sooner, request in writing the Chairman of the PR&R Committee to submit his/her grievance to arbitration. The Association submits may submit the grievance to binding arbitration within fifteen (15) days after receipt of a request by the aggrieved person.
2) Within eight (8) days after such written notice of submission to the Superintendent to enter into arbitration, the Superintendent Subcommittee and the Association shall attempt to PR&R Committee will agree upon a mutually acceptable arbitrator and shall will 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 ten (10) school daysthe specified period, a written request for a list of arbitrators shall may be made to the Public Employment Relations Board (PERB) American Arbitration Association by either party. The list shall consist parties will be bound by the rules and procedures of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorAmerican Arbitration Association.
B. 3) The arbitrator so selected shall will confer with representatives of the Superintendent Committee and the Association PR&R Committee and hold hearings promptly and shall will issue his/her decision not later than fifteen thirty (1530) school days from the date day of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's arbitrator will be without power or authority to make any decision shall have no power which requires the commission of act prohibited by law; or to modify, alter, add to, or detract subtract from the specific provisions of the this Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall will be submitted to the Superintendent Committee and to the Association and shall will be final and binding on the partiesparties of interest.
C. 4) The costs of for the services of the arbitrator arbitrator, including per diem expenses, travel and subsistence expenses, will be borne equally by the Board Committee and the Association.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. If the aggrieved party does not accept the disposition of the grievance at Level Three and wishes review by a third party and the claim pertains exclusively to misinterpretation, misapplication or a violation of any of the provisions of this Agreement, she shall notify the Board through the Superintendent within ten (10) school working days following of the formal third step receipt of the Association submits a request Board's decision. An aggrieved party in order to the Superintendent to enter into arbitration, the Superintendent and the 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 ten (10) school days, a written process her grievance beyond Level Three must have her request for a list such action accompanied by the written recommendation for such action by the Association. The following procedure will be used to secure the services of arbitrators shall an arbitrator:
(a) A request will be made to the Public Employment Relations Board Commission (PERBPERC) by either partyto submit a roster of persons qualified to function as an arbitrator in the dispute in question. The list shall consist of seven (7) potential arbitrators and the parties shall determine then be bound by lot which party shall have the right to remove Rules and Procedures of the first name from Public Employment Relations Commission in the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. (b) The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision arbitrator shall be in writing and shall set forth his/her his findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by or violative of any law, or which is violative of the terms of this Agreement; and he shall have no power to alteradd to or subtract from or modify any of the terms of this Agreement, add to, nor shall he in any case have power to rule on any issue or detract from dispute which is not a grievable matter under this Article XX or so specified under the specific provisions of this Agreement or any decision provided by this Agreement to be made in the Agreement. No decision discretion of the arbitrator shall in any way be derogation of Superintendent or the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative actsBoard. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties.
C. The costs of the services of the arbitrator will be borne equally by binding. Only the Board and the Associationaggrieved and her representative shall be given copies of the arbitrator's decision. This shall be accomplished within thirty (30) days of the completion of the arbitrator's hearings.
D. If (c) Each party will bear the grievant files any claim or complaint in any forum other than under total cost incurred by itself. The fees and expenses of the grievance procedure of this Master Contract Agreement, then arbitrator are the school district only costs which shall not be required to process shared by the same claim or set of facts through this grievance proceduretwo parties and they shall be shared equally.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. Arbitration. In the event that the grievant is not satisfied with the decision at Level Three, he/she may, within (10) days of receipt of the written decision of the Board, request of the District that the grievance be submitted to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Association agreeing to take the grievance to arbitration. If no agreement can be reached on a mutually acceptable arbitrator within ten (10) school days following after the formal third step the Association submits a written request to the Superintendent to enter into arbitrationis made, the Superintendent District and the Association shall attempt jointly request that the American Arbitration Association supply a listing of names pursuant to agree upon a mutually acceptable its Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the 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 ten (10) school days, a written request for a list of arbitrators shall be made to binding on the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators grievant, the Association and the parties shall determine by lot which party shall have the right to remove the first name from the listDistrict. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains It shall be the arbitrator.
B. function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of subject to the issues submitted. following limitations:
11.4.4.1 The arbitrator's decision arbitrator shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powersalter, dutiessubtract from, and rights established in the Board by constitutional provisionsdisregard, statue, ordinancechange, or special legislative acts. modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement, as alleged by the grievant.
11.4.4.2 The decision award of the arbitrator shall be submitted based solely upon the evidence and arguments presented to him/her in the Superintendent presence of the parties, and the Association and shall be final and binding on upon any post-hearing briefs of the parties.
C. 11.4.4.3 The costs arbitrator shall have no power to change any practice, policy, or rule of the services District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule.
11.4.4.4 The arbitrator shall not consider any issue/evidence raised by the grievant or the district unless it was known by both parties at an earlier level of this grievance procedure.
11.4.4.5 All fees and expenses of the arbitrator will shall be borne shared equally by the Board District and the Association.
D. If 11.4.4.6 Both parties, in case of grievance time lines preventing resolution before cessation of school, may mutually agree to expedite by shortening time lines.
11.4.4.7 No grievant shall use the grievant files grievance procedure in regard to any claim or complaint in any forum other than under for which there is another remedial procedure or course established by statute or by regulation having the force of law.
11.4.4.8 No grievant shall use the grievance procedure to change any practice, policy or decision of the District unless such practice, policy or decision is contrary to the specific provisions of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. If (a) In the event that the aggrieved person is not satisfied with the disposition of his or her grievance at Level Three, or in the event no decision has been rendered within ten (10) school days following after he or she has first met with the formal third step Board, he or she may, within five (5) school days after a decision by the Association submits a Board or fifteen (15) school days after he or she has first met with the Board, whichever is sooner, request in writing that the Committee on PR & R to the Superintendent submit his or her grievance to enter into arbitration, the Superintendent and the 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 Committee on PR & R determines that the grievance is meritorious, it may by written notice to agree upon an arbitrator or the Board submit the grievance to obtain such arbitration within fifteen (15) school days after receipt of a commitment within request by the aggrieved person. The decision to submit the grievance to arbitration must be the responsibility of the PR & R Committee.
(b) Within ten (10) school daysdays after written notice to seek arbitration has been given to the Board, the Association shall submit a written request Demand for a list Arbitration to the American Arbitration Association in Hartford. Selection of arbitrators an arbitrator shall be made to in accordance with the Public Employment Relations Board (PERB) by either party. The list shall consist Voluntary Rules for Labor Arbitration of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorAmerican Arbitration Association.
B. (c) The arbitrator so selected shall confer with representatives of the Superintendent Board and the Association Committee on PR & R and hold hearings promptly and unless extended by mutual agreement, shall issue his/his or her decision not later than fifteen thirty (1530) school days from the date of the close closing of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/him or her. The arbitrator's decision shall be in writing and shall set forth his/his or her findings of fact, reasoning, reasoning and conclusions of on the issues submitted. The arbitrator's Arbitrator shall be without power or authority to make any decision shall have no power to alterwhich requires the commission of an act prohibited by law or which is violative of the terms of this Agreement, nor can he or she add to, subtract from or detract from the specific provisions modify any terms of the this Agreement. No decision of the arbitrator shall in , establish or change any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, salary rate or special legislative actsjob classification. The decision of the arbitrator arbitration shall be submitted to the Superintendent Board and to the Association and Association, and, subject to law, shall be final and binding on binding, provided that the partiesarbitrator shall not usurp the functions of the Board or the proper exercise of its judgment and discretion under law and this Agreement.
C. (d) The costs of for the services of the arbitrator will arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. If the alleged grievance is not resolved to the satisfaction of the employee and the Association within twenty (20) calendar days immediately ensuing the response at Level Three, the Association may submit a grievance in writing to arbitration, provided that the Association shall contemporaneously with the submission to arbitration, advise the District in writing, that the Association is of the opinion that the grievance is meritorious
a. Within ten (10) school work days following the formal third step after written notice has been given by the Association submits a request to the Superintendent District that a grievance is to enter into arbitrationbe submitted to arbitration in accordance with the provisions hereinabove set forth, the Superintendent Association and the Association shall attempt to School Committee will agree upon a mutually acceptable arbitrator and shall will obtain a such commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10) school daysthe specified period, a written either party may request for a list the designation of arbitrators an arbitrator by the American Arbitration Association or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules of procedure of the American Arbitration Association or Massachusetts Division of Labor Relations, in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided.
b. The cost of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be made to borne equally by the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators District and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorAssociation.
B. c. The arbitrator so selected shall will confer with the Superintendent representatives of the School Committee and the Association and hold hearings promptly and shall will issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/heras soon as possible. The arbitrator's ’s decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues issue submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law.
C. d. The costs of the services of the arbitrator arbitration hearing will be borne equally by held within the Board and the AssociationDistrict unless both parties agree to another designated place.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Unit Contract
Level Four. A. If within (a) Within ten (10) school days following after receiving the formal third step written grievance, the Board, at the Board’s option, may make arrangements for a meeting to hear and consider the mater. In the event the Board elects to have a hearing, the Board shall render a decision on the matter within twenty (20) school days after receipt of the grievance.
(b) If the aggrieved person is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within ten school days after the grievance was delivered to the Board, (except as may be provided for in paragraph 6(a) hereof) he may, within five school days after a decision by the Board or fifteen school days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submits submit his grievance to arbitration within fifteen school days after receipt of a request by the aggrieved person.
(c) Within ten school days after such written notice of submission to the Superintendent to enter into arbitration, the Superintendent Board and the 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 of to obtain such a commitment within ten (10) school daysthe specified period, a written request for a list of arbitrators shall may be made to the Public Employment Relations Board (PERB) American Arbitration Association by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine be bound by lot which party shall have the right to remove rules and procedures of the first name from American Arbitrators Association in the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. (d) The arbitrator so selected elected shall confer with the Superintendent representatives of the Board and the Association and hold hearings promptly and shall issue his/her his decision not no later than fifteen (15) school twenty days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues issue are submitted to him/her. The arbitrator shall decide the issue of arbitrability within the current law of New Jersey. The arbitrator's ’s decision shall be in writing and shall set forth his/her his findings of fact, reasoning, and conclusions of on the issues issue submitted. The arbitrator's decision arbitrator shall have no be without authority or power to alter, add tomake any decision which will require the commission of an act prohibited by law or which is violative of the terms of this Agreement, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in which concerns any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, matter which is not mandatory or special legislative actspermissible matters for arbitration. The decision of the arbitrator shall be submitted to the Superintendent Board and the Association and shall be final non- binding as a monetary, economic matters and binding as to non-economic, non-monetary matters on the both parties.
C. (e) The costs Board shall implement the decision of the arbitrator on a grievance involving a non-economic or non-monetary matter within twenty (20) days after the decision by the arbitrator is submitted of five (5) days after the next regular scheduled meeting of the Board, which is longer.
(f) The cost for the services of the arbitrator will arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Board and the Associationparties.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered within fifteen (15) school days after the grievance was delivered to the Board of Education, he may, within ten (10) school days following after a decision by the formal third step Board of Education or twenty five (25) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submits a request submit the grievance to the Superintendent to enter into arbitration, the Superintendent and the 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 Association determines that the grievance is meritorious, it may submit the grievance to agree upon an arbitrator or to obtain such arbitration within fifteen (15) school days after the receipt of a commitment within request by the aggrieved person.
b. Within ten (10) school daysdays after such written notice of submission to arbitration, a written request for a list of arbitrators shall may be made to the Public Employment Relations Board (PERB) Commission by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine then be bound by lot which party shall have the right to remove rules and procedures of the first name from Public Employment Relations Commission in the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the selection of an arbitrator.
B. c. The arbitrator so selected shall confer with the Superintendent representatives of the Board and the Association and hold hearings promptly and shall issue his/her his decision not later than fifteen twenty (1520) school days from the date of the close of the hearings, hearings or, if oral hearings have been waived, then his decision shall be issued not later than twenty (20) days from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings his finding of factfacts, reasoningreasonings, and conclusions of on the issues submitted. The arbitrator's arbitrator shall be without power or authority to make any decision shall have no power to alter, add to, which requires the commission of any act prohibited by law or detract from the specific provisions which is violative of the terms of this Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. .
d. The decision of the arbitrator shall be submitted to the Superintendent Board and the Association and shall be final and binding on the partiesparties insofar as the grievance deals with the terms of the Agreement. The decision of the arbitrator shall be advisory insofar as it deals with administrative decisions and Board Policies not in conflict with the terms of this Agreement.
C. e. The costs of for the services of the arbitrator will arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. a. If the grievance is not resolved or if no decision has been rendered at Level Three and if the grievance involves the express, written terms of this Agreement, the aggrieved person may within ten (10) school days following the formal third step request in writing to the Association submits President that the Association submit the grievance to arbitration.
b. If the Executive Committee of the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) school days after receipt of a written request by the aggrieved person. At the same time, notice of intention to proceed to arbitration shall be given to the Superintendent Board through the Superintendent.
c. Within fifteen (15) school days after such written notice of submission to enter into arbitration, the Superintendent Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If .
d. In the event that the parties are unable to cannot agree upon an on the arbitrator or to obtain such a commitment within ten fifteen (1015) school days, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a written request for a list of arbitrators shall be made to from the Public Employment Relations Board (PERB) by either partyCommission. Upon receipt of said list, each party will separately strike the names of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept.
e. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains arbitrator who will ultimately be chosen shall be the arbitratorone, if any, who appears on both acceptable lists with the lowest average number of placement. In the event that there are no arbitrators that are agreeable to the parties, a new list will be requested and the same procedure will be followed until a satisfactory arbitrator is chosen.
B. f. The arbitrator so selected shall confer with the Superintendent representative of the Board, the aggrieved person and representatives of the Association and hold hearings promptly and shall issue his/her a decision not later than fifteen forty-five (1545) school calendar days from following the date close of record of the hearing. The record of the hearing shall be deemed closed upon the submissions of the parties' post-hearing briefs, if any, which shall in no event be submitted more than thirty (30) days following the close of the hearingshearing. The arbitrator may not decide an issue, orwhich is not arbitrable as determined by the arbitrator, if oral hearings have been waivedPERC, then from or the date State courts, nor may the final statements and proofs on arbitrator add to or modify the issues are submitted to him/hercollective bargaining agreement. The arbitrator's decision shall be in writing and shall set forth his/her the findings of fact, reasoning, and conclusions of on the issues issue submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted final and binding, and may be made available to the Superintendent public and press without consent of the Association and shall be final and binding on the other parties.
C. g. The costs of the services of the arbitrator will arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. A. If the alleged grievance is not resolved to the satisfaction of the employee and the Association within twenty (20) calendar days immediately ensuing the response at Level Three, the Association may submit a grievance in writing to arbitration, provided that the Association shall contemporaneously with the submission to arbitration, advise the District in writing, that the Association is of the opinion that the grievance is meritorious
a. Within ten (10) school work days following the formal third step after written notice has been given by the Association submits a request to the Superintendent District that a grievance is to enter into arbitrationbe submitted to arbitration in accordance with the provisions hereinabove set forth, the Superintendent Association and the Association shall attempt to School Committee will agree upon a mutually acceptable arbitrator and shall will obtain a such commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10) school daysthe specified period, a written either party may request for a list the designation of arbitrators an arbitrator by the American Arbitration Association or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules of procedure of the American Arbitration Association or Massachusetts Division of Labor Relations, in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided.
b. The cost of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be made to borne equally by the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators District and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitratorAssociation.
B. c. The arbitrator so selected shall will confer with the Superintendent representatives of the School Committee and the Association and hold hearings promptly and shall will issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/heras soon as possible. The arbitrator's ’s decision shall will be in writing and shall will set forth his/her findings of fact, reasoning, reasoning and conclusions of on the issues issue submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law.
C. d. The costs of the services of the arbitrator arbitration hearing will be borne equally by held within the Board and the AssociationDistrict unless both parties agree to another designated place.
D. If e. The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the grievant files any claim said employee or complaint in any forum other than under Association may have with respect to the grievance procedure of this Master Contract Agreement, then the school district shall not be required matter submitted to process the same claim or set of facts through this grievance proceduresaid arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement