Level Four. If not resolved at Level Three, the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator: 26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator. 26.9.2 If the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator. 26.9.3 The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by, and must comply with, all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be binding. 26.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing. 26.9.5 The costs for the services of the 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 School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. Arbitration
1. If the Association is not resolved satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within 30 school days after the grievance may be was submitted to binding arbitration the Board, it may within 15 school days after a decision by the Board or 45 school days after the grievance was submitted to the New Hampshire Courts. The aggrievedBoard, through an election of forumwhichever is sooner, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If submit the grievance is submitted to arbitration.
2. Within 10 school days after such written notice requesting arbitration, the following procedure Board and the Association shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party acceptable arbitrator and shall obtain a commitment from said arbitrator to serve as arbitratorserve. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine agree upon an arbitrator or to obtain such a commitment within ten (10) the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission, and its rules regarding the selection of an arbitrator shall apply.
3. The arbitrator so selected shall confer with the parties and hold hearings promptly and shall issue his decision not later than 30 calendar days of receipt from the date of the listclose of the hearings, a mutually satisfactory arbitratoror, if oral hearings have been waived, then from the PELRB may be requested by either party to designate an arbitrator.
26.9.3 The arbitrator shall limit him/herself to 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 findings of fact, reasoning and conclusions on the issues submitted. The arbitrator's decision shall be submitted to the parties. The arbitrator shall be bound bywithout power or authority to make any decision which requires the commission of an act prohibited by law or which alters, and must comply with, all of the terms of this Agreement. The arbitrator shall have no power to add adds to, delete from, or modify in any way any of the provisions of detracts from this Agreement. The decision of the arbitrator shall be advisory only, except that with respect to interpretation of this Agreement, the decision of the arbitrator shall be binding.
26.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report4. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 The costs for the services of the 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 School Board and the Association. Any other expenses expense incurred shall be paid by the party incurring the same.
5. Selection of an arbitrator and the submission of any matter to arbitration shall not constitute a waiver by the Board of its right to pursue any remedy available to it under law or equity.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. If not resolved at Level Three, the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). Arbitration
A. If the grievance is submitted remains unresolved at Level Two or Level Three (mediation), the local Union involved shall have the right to refer the matter to arbitration. In the event the local Union elects to do so, it must notify the Bureau of Human Resources of its decision in writing within twenty-one (21) calendar days of denial of the grievance at Level Two or twenty-one (21) calendar days after the close of mediation if the parties agreed to refer the grievance to Level Three.
B. After the grievance has been referred to arbitration, the following procedure parties or their representatives shall applyjointly request the State Mediation and Conciliation Service for a list of names of seven (7) arbitrators. The School Board parties shall be notified in writing within ten (10) days after the date of its decision select an arbitrator from that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt list by such method as them may jointly select, or if they are unable to agree upon a mutually satisfactory third method, then by the method of alternate striking of names under which the grieving party shall strike the first name objectionable to serve as arbitratorit, and the City shall then strike the first name objectionable to it. If no agreement is reached within ten (10) days, The final name left on the Public Employee Labor Relations Board (PELRB) will list shall be notified and requested to submit a roster of persons qualified to function as the arbitrator.
26.9.2 If C. The arbitrator's decision shall be final and binding, but the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator.
26.9.3 The arbitrator shall limit him/herself have no power to the issues submitted alter, modify, amend, add to him/her. The arbitrator shall be bound by, and must comply with, all of or detract from the terms of this Agreement. The arbitrator decision of arbitration shall have no power to add to, delete from, or modify in any way any of be within the provisions scope and terms of this Agreement. The decision of the arbitrator Agreement and shall be bindingin writing.
26.9.4 D. The School Board, the aggrieved, City and the Association local Union involved shall receive copies of divide equally the arbitrator's report. This shall be accomplished within thirty (30) calendar days fee, the cost of the completion of the arbitrator's hearing.
26.9.5 The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expensesany hearing room, and the cost of the hearing room shall be borne equally a shorthand reporter if requested by the School Board and the Associationan arbitrator. Any All other expenses incurred shall be paid by the party incurring them.
E. The time limits specified herein shall be jurisdictional unless waived by mutual agreement of the sameparties. The local Union involved shall have sole authority to determine whether a grievance shall be submitted to arbitration, and any such decision or settlement of the grievance between the Union and the Bureau of Human Resources/Bureau Head in good faith shall be binding on all parties.
F. The parties shall make a good faith effort to avoid unreasonable delay in scheduling arbitration hearings.
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Level Four. If not resolved at Level Three, the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). Arbitration
6 a. If the grievance is submitted to arbitrationhas not been satisfactorily resolved at Step 3, and the following procedure shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision 7 Union determines that the grievance is being submitted meritorious, then the Union may 8 submit the grievance to arbitration by submitting a request for arbitration 9 to the State Director of CDS as well as a statement of the grievance 10 specifying the article, section or clause of the contract alleged to have 11 been violated, along with a concise statement of facts surrounding the 12 issue and the remedial action requested. The request for arbitration shall 13 be received by the State Director of CDS through personal service or by 14 mailing by registered or certified mail within twenty-one (21) days of the 15 receipt of the Step 3 decision.
17 b. Upon receipt by the State Director of CDS of a request for arbitration. The following procedure , the 18 parties shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to mutually agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine 19 agree upon an arbitrator within ten seven (107) days of receipt of the list, a mutually satisfactory arbitratorrequest for 20 arbitration, the PELRB Union may be requested by either party to designate an arbitrator.
26.9.3 The arbitrator shall limit him/herself within fourteen (14) days submit the grievance 21 to the issues submitted to him/herAmerican Arbitration Association (“AAA”) in accordance with the 22 AAA rules then in effect. 24 The decision of the arbitrator shall be bound byfinal and binding upon the parties, 25 subject to judicial review as provided by law, and must comply with, all of the terms of shall be consistent with 26 applicable law and this Agreement. The arbitrator shall have no power authority 27 to add to, delete from, subtract from or modify any provision of this Agreement. The 28 arbitrator shall have no authority to award interest on any award. All costs 29 of arbitration, including fees and expenses of the arbitrator, shall be 30 divided equally between the parties, except that each party shall bear the 31 costs of preparing and presenting its own case.
33 c. The arbitrator shall fix the time and place of the hearing, taking into 34 consideration the convenience of the parties. The arbitrator shall be 35 requested to issue a written decision within thirty (30) days after 36 completion of the proceedings. The arbitrator shall be bound by the rules 37 of the AAA which are applicable to labor relations arbitrations and which 38 are in effect at the time of the arbitration. In the event of a disagreement 39 regarding the arbitrability of an issue, the arbitrator shall make a 40 preliminary determination as to whether the issue is arbitrable, except that 41 neither party shall be deemed to have waived their rights under the 42 Uniform Arbitration Act, 14 MRSA Section 5927 et seq. Once a 43 determination is made that such a dispute is arbitrable, the arbitrator shall 44 then proceed to determine the merits of the dispute.
46 d. In grievances involving discharge of an employee and/or discipline which 47 has led to a discharge, the arbitration hearing shall be held within four (4) 48 months of the Step 3 decision. Subsequent hearing dates, if necessary, 49 shall be held at the earliest date(s) offered by the assigned arbitrator mutually acceptable to the parties. The parties agree that in the event of a conflict in the scheduling of grievance arbitrations, grievances involving discharge and/or discipline which has led to a discharge shall have priority over all other pending grievance arbitration matters between the parties. GENERAL PROVISIONS CDS shall not deny any employee Union representation at any stage of the grievance procedure and the Union shall have the exclusive right to represent employees in any way grievance. When an employee elects to pursue a grievance at Steps 1, 2 or 3 without representation, the Union shall have the right to be present at any formal grievance meeting and shall receive copies of written determinations, if any, at all stages. No resolution of a grievance shall be inconsistent with the provisions of this Agreement. The decision All of the arbitrator time limits contained in this Article may be extended by mutual agreement of the parties and such extensions shall, in order to be effective, be confirmed in writing. The parties may mutually agree to bypass steps of the grievance procedure. In no event can a grievance be taken to the next or any succeeding step of this procedure unless the employee and/or his/her representative meets the time limits or extensions thereof. Failure of CDS and its representatives to adhere to the prescribed time limits or extensions thereof shall constitute a waiver of the applicable step and the employee and/or the Union may proceed to the next step. Grievances resolved at Steps 1 or 2 shall not constitute a precedent unless a specific agreement to that effect is made by the State Director of CDS or his/her designee and the Union. Any grievance involving two (2) or more employees within the bargaining unit from the same site may be processed jointly and shall be bindinginitiated with the most immediate common supervisor of the employees involved. An aggrieved employee and/or his/her representative shall have the right to inspect and to obtain copies of any records, documents and other materials relevant to the grievance and in the possession of the CDS to the extent permitted by law. When a grievance meeting is mutually scheduled during the work day, an aggrieved employee and any employee witnesses as may be reasonable shall not suffer any loss of pay and shall not be required to charge leave credits as a result of processing grievances during such employee’s or witnesses’ regularly scheduled working hours, provided, however, that when such activities extend beyond such employee’s or witnesses’ scheduled working hours such time shall not be considered as time worked. Such release time shall not be construed to include preparation of paper work, record-keeping, conferences among Association officials or preparation for representation at a grievance meeting. 6 F. 1 ARTICLE IV - WORK SCHEDULE
2 A. CHANGES TO THE WORK SCHEDULE 4 The work week, work schedule and work year for each position shall be established by 5 CDS and may be changed for bona fide program or financial reasons. An employee shall be 6 given at least fourteen (14) calendar days’ notice prior to the effective date of the change unless 7 an emergency or unforeseen developments preclude the possibility of such notice.
26.9.4 The School Board8 B. WORK WEEK AND WORK YEAR
9 1. Work Year 10 11 Employees shall be classified as either Calendar Year employees or Academic Year 12 employees. Calendar Year employees are employees who are regularly scheduled to 13 work year-round. Academic Year employees are employees who work less than year- 14 round and whose work year is determined by the student school year of the Regional 15 Site’s affiliated school program and approved workshop days. Generally such 16 employees shall have a work year of 180 days, excluding paid holidays as set forth in this 17 Agreement.
18 2. Work Week
20 a. For purposes of determining eligibility for Paid Time Off (“PTO”) and 21 other benefits for employees hired after December 16, 2008, the aggrievednormal 22 work week shall consist of:
24 i. Forty (40) hours per week for full-time employees;
26 ii. Less than forty (40) hours but more than twenty (20) hours for 27 part-time employees;
29 iii. Employees working less than twenty (20) hours per week shall not 30 be entitled to benefits unless specifically provided for in this
33 b. For purposes of determining eligibility for Paid Time Off (“PTO”) and 34 other benefits for employees hired on or before December 16, 2008, the 35 normal work week shall consist of:
37 i. Thirty-two (32) hours per week for full-time employees; 38
39 ii. Less than thirty-two (32) hours but more than twenty (20) hours 40 for part-time employees; 41
42 iii. Employees working less than twenty (20) hours per week shall not 43 be entitled to benefits unless specifically provided for in this 44 Agreement.
1 C. FLEX TIME 3 Generally, the work scheduled for employees shall be during the working hours in which 4 the site offices are open. However, employees may use flex time to adjust their work schedule 5 when necessary to provide direct services to clients and with the Association shall receive copies pre-approval of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearingSite 6 Director.
26.9.5 The costs for the services of the 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 School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If In the event that the grievance is not resolved satisfactorily adjusted at Level Three, CSEA may submit a request in writing that the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board .
20.4.6.1 An impartial arbitrator shall be notified in writing selected jointly by CSEA and the District within ten (10) days after of receipt of the date of its decision written request. In the event that the grievance is being submitted for arbitrationparties cannot agree, the State Conciliation and Mediation Service shall be requested to supply a list of five names. Alternate names shall be stricken until only one name remains. The following procedure remaining name shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster The process of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine striking names shall occur within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, . All grievances reaching the PELRB may arbitration level shall be requested by either party to designate an arbitratornumbered. The odd-numbered grievances will give the employer first elimination; even-numbered grievances will give the association first elimination.
26.9.3 The 20.4.6.2 No party in interest shall be permitted to assert any grounds or evidence before the arbitrator shall limit him/herself which was not previously disclosed to the issues submitted to him/herother party. The arbitrator shall consider only those issues which have been carried through prior steps as required by the provisions of this procedure.
20.4.6.3 The arbitrator shall not render any award which conflicts with or alters this Agreement. It is understood, however, that the arbitrator shall interpret the Agreement in accordance with the accepted rules of contract construction.
20.4.6.4 Each party shall bear the full cost for its representation in the arbitration. The cost of arbitration shall be bound by, divided equally between the employer and must comply with, all the CSEA. The fees and expenses of the terms arbitrator and a court reporter, if required by the arbitrator, shall be shared equally between the District and CSEA. Any additional expenses shall be borne by the party incurring such expenses.
20.4.6.5 If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the employer and the aggrieved.
20.4.6.6 Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days.
20.4.6.7 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this Agreementprocedure.
20.4.6.8 Witnesses will be assured that their testimony will be kept confidential unless they choose to make it public.
20.4.6.9 The arbitrator shall determine disputed interpretation of terms actually found in the Agreement or determine disputed facts upon which the application of the Agreement depends. The arbitrator may not decide any issue not submitted and may not interpret or apply the Agreement so as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision or award merely because, in the arbitrator’s opinion, such decision or award is fair and equitable. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall have no power to alter, amend, change, add to, delete from, or modify in any way subtract from any of the provisions terms of this Agreement but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement as alleged by the grievant or grievants.
20.4.6.10 The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is a violation of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies the arbitrator judges to be proper. The decision award of the arbitrator shall will be binding.
26.9.4 The School Boardfinal and binding on the parties and a copy will be submitted to the Superintendent, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 The costs for the services of the 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 School Board aggrieved and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the alleged grievance is not resolved at Level Three, the grievant may, within ten (l0) days after receipt of the Level Three response, request that CSEA #l8 submit the grievance may to advisory arbitration. A copy of the request to CSEA #l8 shall be submitted to binding arbitration or forwarded to the New Hampshire CourtsSuperintendent or his/her designee. The aggrieved, through an election of forum, must choose (in writing) either arbitration or CSEA #l8 shall notify the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified Superintendent in writing within ten (10l0) days after receipt of the date of its decision that request from the grievant as to whether or not the grievance is being will be submitted for advisory arbitration; however, CSEA #l8 has the exclusive right to appeal a grievance to advisory arbitration; however, CSEA #l8 may not take a grievance to advisory arbitration without the written consent of the grievant.
4.2.2.4.1. The following procedure CSEA #l8 and the District shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is can be reached within ten five (105) days, they shall request the Public Employee Labor Relations Board (PELRB) will be notified and requested California State Conciliation Service to submit supply a roster list of names of persons qualified to function as who are experienced in arbitration. Within five (5) days, each party shall alternately strike names until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
26.9.2 If 4.2.2.4.2. Except as noted in 4.2.2.4.5.1, the parties are unable to determine within ten (10) days of receipt fees and expenses of the list, a mutually satisfactory arbitrator, arbitrator and the PELRB may hearing shall be requested borne equally by either the District and CSEA #l8. All other expenses shall be borne by the party to designate an arbitratorincurring them.
26.9.3 The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by, and must comply with, all of the terms of this Agreement4.2.2.4.3. The arbitrator shall have no power to add to, delete subtract from, or modify in any way any the terms of the provisions contract or applicable law or rules and regulations which have the force and effect of this Agreementlaw.
4.2.2.4.4. The issues before the arbitrator shall be restricted to those identified in the written grievance and the answers thereto at each step. The arbitrator shall hear evidence and argument as soon as possible and shall deliver to the parties within thirty (30) days a written recommendation on the issues submitted to him/her.
4.2.2.4.5. The decision of the arbitrator shall be binding.
26.9.4 The School Boardin the form of a recommendation to the Board of Education, but shall be final and binding on CSEA #l8. CSEA #l8 waives any rights for either Board or judicial review. If the aggrieved, and District does not file a request to the Association shall receive copies Board of Education to undertake review of the arbitrator's report. This recommendation within ten (l0) days of its issuance, then the decision of the arbitrator shall be accomplished within deemed adopted by the Board and becomes final and binding on the District as well as CSEA #l8. If a timely request for review is filed by the District with the Board, it shall then undertake review of the entire hearing records and briefs. The Board shall permit oral arguments by representatives of the District. Within thirty (30) calendar days after receiving the request for review, the Board shall render a decision on the matter which shall be final and binding on all parties. If the Board of Education reverses the completion arbitrator's decision, the District shall pay the full cost of the arbitrator's hearingservice.
26.9.5 The costs for the services of the 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 School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the aggrieved employee is not resolved satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within thirty (30) calendar days after the grievance was delivered to the Board of Education, and if the grievance arises out of the interpretation of a specific article or section of this agreement, the Association may submit the grievance to arbitration within thirty (30) days.
b. Within eight (8) school days after such written notice of submission to arbitration, a request for a list of arbitrators shall be submitted to binding arbitration or made to the New Hampshire CourtsJersey Public Employment Relations Commission by either party. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board parties shall be notified in writing within ten (10) days after bound by the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified rules and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine within ten (10) days of receipt procedures of the list, a mutually satisfactory arbitrator, New Jersey Public Employment Relations Commission in the PELRB may be requested by either party to designate selection of an arbitrator.
26.9.3 c. The arbitrator Arbitrator so selected shall limit him/herself to confer with the representatives of the Board and the Association and hold hearings promptly and shall issue a decision not later than twenty (20) calendar 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/herthem. The arbitrator Arbitrator’s decision shall be bound byin writing and shall set forth their findings of fact, reasoning and must comply withconclusions on the issues submitted. The Arbitrator shall be without power or authority to make any decision, all which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator Arbitrator shall be binding.
26.9.4 The School Board, submitted to the aggrieved, Board and the Association shall receive copies of the arbitrator's report. This and shall be accomplished within thirty (30) calendar days of final and binding on the completion of the arbitrator's hearingparties.
26.9.5 d. The costs for the services of the arbitratorArbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, expenses and the cost of the hearing room shall be borne equally by the School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the aggrieved person is not resolved satisfied with the disposition of his/her grievance at Level Three, the grievance he/she may within five duty days after a decision arTiCLe grieVanCe proCedure arTiCLe
b. The parties shall agree to a standing list of arbi- trators who are mutually acceptable and who agree to be readily available . Cases appealed to arbitration shall be submitted to binding arbitration or one of those ar- bitrators by mutual agreement of the parties .
c. If agreement on selection of a panel arbitrator cannot be reached, then within10 duty days after such a written notice of a failure to agree, a request for a list of arbitrators may be made to the New Hampshire CourtsAmerican Arbitration Association by either party . The aggrieved, through an election parties will then be bound by the rules and procedures of forum, must choose (in writing) either arbitration or the Courts (American Arbitration Association .
d. The arbitrator so selected will confer with the representatives of the superintendent and in doing so is then precluded the Association and hold hearings promptly and will issue his/her decision not later than 10 days from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure close of hearings, or, if oral hearings have been waived, from the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, date the Public Employee Labor Relations Board (PELRB) will be notified final statements and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties proofs are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator.
26.9.3 The arbitrator shall limit him/herself to the issues submitted to him/herher . The arbitrator’s recommendations will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted . The arbitrator shall will be bound by, and must comply with, all of without au- thority to make any recommendation beyond the terms of this AgreementAgreement . The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision recommen- dation of the arbitrator shall be bindingbinding upon both parties .
26.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 e. The costs for the services of the arbitrator, including in- cluding per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses, and the cost of the any hearing room shall room, will be borne equally by the School Board and the AssociationAssociation . Any All other expenses incurred shall will be paid by paidby the party incurring them .
1. No reprisals of any kind shall be taken by any party to this Agreement against any party in interest or any grievant .
2. All documents, communications, andrecords dealing with the sameprocessing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants .
3. All decisions rendered at all levels of the grievance procedure will be in writing, setting forth the de- cision and the reasons therefore, and will be trans- mitted promptly to all parties in interest and to the Association .
4. The grievant shall be permitted to present evidence and witnesses and to cross-examine all witnesses whenever a hearing is held . When a unit member is not represented by the Association, the Association will have the right to be present and to state its views at all stages of the grievance procedure .
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If not resolved at Level Three, the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator:The
26.9.1 27.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 27.9.2 If the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator.
26.9.3 27.9.3 The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by, by and must comply with, with all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, from or modify in any way way, any of the provisions of this Agreement. The decision of the arbitrator shall be binding.
26.9.4 27.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 27.9.5 The costs for the services of the 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 School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the Grievant is not resolved satisfied with the disposition of his/her grievance at Level ThreeThree and his/her grievance deals with a violation, misinterpretation, or inequitable application of any of the provisions of this Agreement, the Grievant may request of the Board that his/her grievance may be submitted to binding arbitration or to not later that fifteen (15) school days after receipt of the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or decision by the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified in writing within Board.
b. Within ten (10) school days after the date of its decision that the grievance is being submitted such request for arbitration. The following procedure , the Board and the Grievant and/or his/her representative shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as acceptable arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory agree upon an arbitrator, they shall jointly request the PELRB may be requested by either party American Arbitration Association to designate appoint an arbitrator.
26.9.3 c. The arbitrator shall limit himconfer with the representatives of the Board and of the Grievant and shall proceed with a hearing and submit a written report in the shortest possible time setting forth his/herself to her findings of fact, reasoning and conclusions on the issues submitted to him/hersubmitted. The arbitrator shall be bound by, and must comply with, all without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be bindingsubmitted to the Board and the Grievant and shall be binding on both parties. Said binding arbitration shall only apply in cases where a grievance deals with a violation, misinterpretation or inequitable application of any of the provisions of this Agreement.
26.9.4 d. The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 The costs cost for the services of the arbitrator, including per diem expenses, if any, expenses and actual and necessary travel, subsistence expenses, expenses and the cost of the hearing room shall be borne equally by the School Board and the AssociationGrievant. Any other expenses incurred shall be paid by the party incurring the same.
e. If time is lost by any employee due to arbitration proceedings, necessitating the retention of a substitute, the employee shall not suffer loss of pay or be penalized in any way. A maximum number of five (5) employees may participate in an arbitration proceeding without suffering loss of pay, said five (5) employees to include the Association President, Grievance Chairperson (or their representatives) and up to three (3) witnesses for the Grievant, provided said witnesses actively participated in Levels 3 or 4 of the Grievance Procedure.
f. In the event one party to an arbitration cancels a hearing twice with the second cancellation occurring within two weeks of the scheduled hearing date, that party shall be responsible for the total cost of the arbitration hearing including the arbitration fee and any filing costs.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the aggrieved person is not resolved satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitrationaforesaid one month, the following procedure shall apply. The School Board shall be notified employee may request in writing within ten (10) school days after that the date of its decision Association submit the grievance to arbitration. If the Oradell Education Association Grievance Committee determines that the grievance is being submitted meritorious, it may submit the matter in writing for arbitrationarbitration to the Board within fifteen (15) school days after receipt of such request. The following procedure Grievance Committee’s decision shall be used final as to secure the services of an arbitrator:aggrieved person or persons.
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within a. Within ten (10) daysschool days after such written notice of submission to arbitration, the Board or the Association shall inform the Public Employee Labor Employment Relations Board Commission, 000 Xxxx Xxxxx Xxxxxx, Xxxxxxx, XX (PELRB609-292-9898) in writing, of the mutually agreed upon arbitrator of the matter to be arbitrated. It is understood that the arbitrator will be notified attempt to help the parties to resolve the matter and requested to submit a roster written advisory report to the parties. In the event the above-named arbitrator cannot serve for any reason, the parties will select an arbitrator through the procedures of persons qualified to function as arbitratorthe Public Employment Relations Commission.
26.9.2 If the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator.
26.9.3 b. The arbitrator shall limit himconfer with the representatives of the Board and the Grievance Committee and hold hearings promptly and shall issue his/herself to her written report not later than twenty (20) 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 arbitrator’s recommendations shall be bound byin writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. It is understood that the arbitrator’s recommendations shall be limited to interpretation of the Agreement and he/she may, in no way, add to or delete from this Agreement, and must comply with, all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be bindingbinding limited to contract language.
26.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 c. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, expenses and the cost of the hearing room shall be borne equally by the School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the aggrieved person is not resolved 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 may be submitted to binding arbitration or was delivered to the New Hampshire Courts. The aggrievedBoard of Education, through an election of forumhe may, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified in writing within ten (10) school days after the date decision by the Board of its decision 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 submit his grievance to arbitration. If the Organization determines that the grievance is being submitted for arbitration. The following procedure meritorious, it may submit the grievance to arbitration within fifteen (15) school days after the receipt of a request by the aggrieved person, and both parties agree that binding arbitration shall be used final and binding.
b. Within ten (10) school days after such written notice of submission to secure arbitration, the services of an arbitrator:
26.9.1 The parties will Board and the Association shall attempt to agree upon a mutually satisfactory third party acceptable arbitrator and shall obtain a commitment from said arbitrator to serve as arbitratorserve. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine agree upon an arbitrator or to obtain such a commitment within ten the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission (10PERC) days by either party. The parties shall then be bound by the rules and procedures of receipt PERC in the selection of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator.
26.9.3 c. The arbitrator so selected shall limit him/herself to confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision 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 finding of facts, reasonings and conclusions on the issues submitted. The arbitrator shall be bound by, and must comply with, all without power or authority to make any decision which requires the commission of any act prohibited by law or which is violative of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be binding.
26.9.4 The School Board, submitted to the aggrieved, Board and the Association shall receive copies of the arbitrator's report. This and shall be accomplished within thirty (30) calendar days of final and binding on the completion of the arbitrator's hearingparties if so agreed to as set forth in Section C, Paragraph 7(a).
26.9.5 d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, expenses and the cost of the hearing room shall be borne equally by the School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the aggrieved person is not resolved at satisfied with the disposition of the grievance in Level Three, the aggrieved person may request submission of the grievance may be submitted to binding by arbitration or to within five (5) days of receipt of the New Hampshire Courtsdecision in Level Three. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (Board and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure Association shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party acceptable arbitrator and shall obtain a commitment from said arbitrator to serve as arbitratorserve. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine agree upon anarbitrator or to obtain a commitment within ten (10) days a specified period, a request for a list of receipt arbitrators may be made to the Public Employment relations Commission by either party.
A. The arbitrator so selected shall confer with the representatives of the listBoard and the Association and hold hearing promptly and shall issue his decision not later than twenty (20) calendar days from the date of the close of the hearings, a mutually satisfactory arbitratoror if oral hearings have been waived, then from the PELRB may be requested by either party date the final statements and proof of the issues have been submitted to designate an arbitratorhim.
26.9.3 B. The arbitrator shall limit him/herself be limited to the issues submitted to him/herand shall consider nothing else. The arbitrator shall be bound by, and must comply with, all of the terms of this Agreement. The arbitrator shall have no power to can add nothing to, delete nor subtract anything from, or modify in any way any of the provisions of this Agreement. agreement between the parties.
C. The decision of the arbitrator shall be bindingadvisory only to the parties. However, one grievance per school year concerning the interpretation of the terms of this Agreement may be submitted for binding arbitration. No more than one grievance may be submitted for binding arbitration in any one school year (July 1 through June 30).
26.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 D. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, expenses and the cost of the hearing room shall be borne equally by the School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. Arbitration
a. If the grievant is not resolved at Level Threesatisfied with the disposition of the grievance level three, or if no decision has been rendered within ten (10) working days form the date of the level three meeting, the grievance may be submitted advanced to final and binding arbitration arbitration. Such notice shall be from the chapter president or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration designee or the Courts District Superintendent, or designee, as applicable and shall be within thirty (and in doing so is then precluded from attempting to follow 30) days after the second route also)receipt of the responding party’s level three. If any question arises as to whether a particular dispute is arbitrable, such question will first be ruled upon by the grievance is submitted arbitrator selected to arbitration, hear the following procedure shall apply. The School Board shall be notified in writing within dispute.
b. Within ten (10) working days after notice of submission to arbitration, either party may request arbitration from the Employment Relations Board of the State of Oregon. The parties shall select the arbitrator from the list of seven (7) provided by XXX.
c. The Arbitrator selected will confer with the representatives of the Superintendent and the Association, hold a hearing promptly, and will issue their decision not later than thirty (30) working days from the close of the hearings, or if oral hearings have been waived, then from the date of its decision that the grievance is being final statements and when proofs are submitted for arbitrationto them. The following procedure shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) Arbitrator’s decision will be notified in writing and requested to submit a roster will set forth their finding of persons qualified to function as arbitrator.
26.9.2 If fact, reasoning and conclusions on the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator.
26.9.3 issues submitted. The arbitrator Arbitrator shall limit him/herself restrict their findings to the issues submitted to him/her. The arbitrator shall be bound bymeaning, interpretation, and must comply with, all of the terms application of this Agreement. The arbitrator Agreement and shall have no power to modify, delete, add to, delete from, or modify in any way any of the provisions of this Agreementsubtract from it. The decision of the arbitrator shall Arbitrator will be bindingsubmitted to the parties and will be final and binding upon the parties.
26.9.4 d. The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 The costs cost for the services of the arbitratorArbitrator, including per diem expenses, if any, and actual their travel and necessary travel, subsistence expenses, expenses and the cost of the any hearing room shall will be borne equally by the School Board and the Associationparties. Any other expenses incurred shall Costs of witnesses will be paid borne by the party parting incurring the samethose costs.
Appears in 1 contract
Samples: Collective Bargaining Agreement