Level Four. If the aggrieved employee is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty (20) regular workdays or the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may, within ten (10) school days after a decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) regular workdays after receipt of a request by the aggrieved employee. Within ten (10) regular workdays after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. In the event that the parties cannot agree on the arbitrator within twenty (20) regular workdays, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from the American Arbitration Association. 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. The arbitrator who will ultimately be chosen shall be the one, 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. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision no later than ten (10) regular workdays from the date of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be advisory and nonbinding, but may be made available to the public without consent of the other parties. 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 Board and the aggrieved employee, or the Association, if applicable.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Level Four. (a) If the aggrieved employee Association or grievant is not satisfied dissatisfied with the disposition of his/her grievance at Level Three, the matter or if no decision has been rendered within twenty (20) regular workdays or answer is given by the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may, School Committee within ten (10) school days, then within seven (7) days after a decision of the disposition or the last day on which an answer may be given by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of EducationCommittee, whichever is sooner, request in writing that the Association submit grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) regular workdays after receipt of file a request by the aggrieved employee. Within ten (10) regular workdays after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. In the event that the parties cannot agree on the arbitrator within twenty (20) regular workdays, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request Demand for a list of arbitrators from Arbitration with the American Arbitration Association. Upon receipt of said listIt is recognized by the parties that after the Demand for Arbitration is filed, each party will separately strike the names rules of the American Arbitration Association and its time limits and procedures shall apply. A list of arbitrators whom they find unacceptable shall be provided by the American Arbitration Association and list numerically the namesArbitrator will be chosen from the lists of that Association in accordance with its rules. The parties will make every effort to have the matter heard as soon as is reasonably possible.
(b) The decision of the Arbitrator will be rendered within thirty (30) days of submission of briefs or, if any, of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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 briefs, after the parties, a new list will be requested and close of the same procedure will be followed until a satisfactory arbitrator is chosenhearing. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision no later than ten (10) regular workdays from the date of the final statements and proofs on the issues which are submitted to him. The arbitratorArbitrator’s decision shall will be in writing and shall will set forth his findings of factfacts, reasoning and conclusions on the issues submitted. The Arbitrator shall have no power to add to, subtract from, modify or amend any of the provisions of this Agreement, nor modify disciplinary action, nor usurp the functions of the Committee or the proper exercise of its judgment and discretion under the law and this Agreement, nor compel an act which is in derogation of such rights. No award shall be effective retroactively beyond the date at which the grievance was first presented under the Grievance Procedure established herein. The decision of the arbitrator Arbitrator will be submitted to the School Committee and to the Association and shall be advisory final and nonbindingbinding upon the parties to this Agreement, and upon the aggrieved person or persons. Both parties to this Agreement realize that the submission of a particular matter to arbitration proceedings represents a step which in most instances ought to be avoided. Accordingly, before the arbitration option hereunder is invoked, the parties may mutually schedule such meetings as may be appropriate between representatives of both sides to attempt to resolve the matter on a local level. Dismissals and suspension of teachers either with professional teacher status or without professional teacher status as provided for under General Laws, Chapter 71, as amended, or any other applicable law, shall not be grievable nor arbitrable under this Article, but may the teacher shall have all of the rights and remedies provided for under the aforesaid laws. If, at any time after the execution of this Agreement, binding arbitration is found to be made available illegal or is prohibited by legislative action, all references and provisions herein to such a Procedure and the effect and application thereof shall thereafter be deemed null and void, and of no effect. If at any time of such adjudication or legislative action there are any grievances which have been submitted to arbitration and upon which no decision has been reached by the Arbitrator under Article 3 Section 4(b), such grievances shall be affected only to the public without consent extent that the findings of the other partiesArbitrator shall be received and considered by the parties as advisory only. No further arbitration submissions will be required or permitted, and the grievance process will terminate at Level Three and the decision of the Committee will thereafter be final.
(c) The costs for the services of the arbitratorArbitrator, including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing room, shall will be borne equally by the Board School Committee and the aggrieved employee, or the Association, if applicable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. If the aggrieved employee alleged grievance is not satisfied with resolved to the disposition satisfaction of his/her grievance at Level Three, or if no decision has been rendered the Association within twenty (20) regular workdays or calendar work days immediately ensuing the next regularly scheduled Board of Education meeting after response at Level Three, the Association may submit the grievance was delivered to the Board of Education, he/she may, within ten (10) school days after a decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing to arbitration provided that the Association submit grievance shall contemporaneously with the submission to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If , advise District in writing, that the Association determines is of the opinion that the grievance is meritorious, it may submit the grievance . The following general provisions shall pertain to arbitration within twenty (20arbitration:
a) regular workdays after receipt of a request by the aggrieved employee. Within ten (10) regular workdays work days after such written notice of submission has been given by the Association to arbitrationthe District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Board Association and the Association shall attempt to District will agree upon a mutually acceptable arbitrator and shall will obtain a commitment from said arbitrator to serve. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator within twenty (20) regular workdays, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. Upon receipt of said list, each party The parties will separately strike be bound by the names rules and procedures of the arbitrators whom they find unacceptable and list numerically American Arbitration Association or Massachusetts Division of Labor Relations in the names, if any, designation of the arbitrators whom they would accept. The an arbitrator who will ultimately be chosen shall be the one, 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. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of hisproceedings before him/her Association, and hold hearings promptly and shall issue his decision no later than ten (10as otherwise herein provided.
b) regular workdays from the date of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be advisory and nonbinding, but may be made available to the public without consent of the other parties. The costs cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing roomexpenses, shall be borne equally by the Board District and the aggrieved employeeAssociation.
c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted.
d) The decision of the arbitrator shall be final and binding 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 Associationrights and prerogatives the Committee as set forth in Article II of this agreement, if applicableor which requires the commission of an act prohibited by law.
e) The arbitration hearing will be held within the District unless both parties agree to another designated place.
f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. a. If the aggrieved employee person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty ten (2010) regular workdays or school days after s/he has first met with the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of EducationCommittee, hes/she he may, within ten five (105) school days after a decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is soonerCommittee, request in writing that the Association chairperson of the Grievance Committee or Professional Negotiating Team to submit his/her grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association Grievance Committee or Professional Negotiating Team determines that the grievance is meritoriousmeritorious and that submitting it to arbitration is in the best interests of the Revere Public Schools, it may submit the grievance to arbitration within twenty fifteen (2015) regular workdays school days after receipt of a request by the aggrieved employee. person.
b. Within ten (10) regular workdays school days after such written notice of submission to arbitration, the Board Committee and the Association shall attempt to Grievance Committee or Professional Negotiating Team will agree upon a mutually acceptable arbitrator and shall will obtain a commitment from said arbitrator to serve. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from may be made to the American Arbitration AssociationAssociation in the selection of an arbitrator. Upon receipt of said list, each party The parties will separately strike be bound by the names rules and procedures of the arbitrators whom they find unacceptable and list numerically American Arbitration Association in the names, if any, selection of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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. an arbitrator.
c. The arbitrator so selected shall will confer with the representatives of the Board Committee and the aggrieved employee, Grievance Committee or at the option of the aggrieved employee, with representatives of his/her Association, Professional Negotiating Team and hold hearings promptly and shall will issue his his/her decision no not later than ten fifteen (1015) regular workdays 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 which are submitted to him/her. The arbitrator’s 's decision shall will be in writing and shall will set forth his his/her findings of fact, reasoning reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall will be advisory and nonbinding, but may be made available submitted to the public without consent Committee and to the Association and, subject to law, will be final and binding provided that the arbitrator shall not usurp the functions of the other partiesCommittee or the proper exercise of its judgment and discretion under law and this Agreement. The arbitrator will have no power to alter, add to, or detract from the provisions of this Agreement.
d. The costs for the services of the arbitrator, including per diem expenses, expenses (if any), and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room, shall will be borne equally by the Board Committee and the aggrieved employeeAssociation.
e. Either the Committee or the Association may appeal the decision of the arbitrator to the Superior Court. Upon application by either party, the Court will vacate an award if:
(1) the award was procured by corruption, fraud or other undue means;
(2) there was evident partiality by an arbitrator appointed as a neutral, or corruption in any of the Associationarbitrators, if applicableor misconduct prejudicing the rights of any party;
(3) the arbitrators exceeded their powers or rendered an award requiring a person to commit an act or engage in conduct prohibited by state or federal law;
(4) the arbitrators refused to postpone the hearing upon a sufficient cause being shown therefore, or refused to hear evidence material to the controversy, or otherwise so conducted the hearing as to prejudice substantially the rights of a party. However, the decision of the arbitrator will remain in full force and effect until such time as a final decision is handed down by the Court.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Level Four. (a) If the aggrieved employee Association or Grievant is not satisfied dissatisfied with the disposition of his/her grievance at Level Three, the matter or if no decision has been rendered within twenty (20) regular workdays or answer is given by the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may, School Committee within ten (10) school days, then within seven (7) days after a decision of the disposition or the last day on which an answer may be given by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of EducationCommittee, whichever is sooner, request in writing that the Association submit grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritorious, it may submit the grievance to file a demand for arbitration within twenty (20) regular workdays after receipt of a request by the aggrieved employee. Within ten (10) regular workdays after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. In the event that the parties cannot agree on the arbitrator within twenty (20) regular workdays, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from with the American Arbitration Association. Upon receipt of said listIt is recognized by the parties that after the demand for arbitration is filed, each party will separately strike the names rules of the American Arbitration Association and their time limits and procedures shall apply. The list of arbitrators whom they find unacceptable shall be provided by said Association and list numerically the names, if any, arbitrator will be chosen from the lists of that Association in accordance with their rules. The parties will make every effort to have the matter heard as soon as is reasonably possible.
(b) The decision of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, rendered within thirty (30) days of submission of briefs or 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 briefs, after the parties, a new list will be requested and the same procedure will be followed until a satisfactory arbitrator is chosen. The arbitrator so selected shall confer with the representatives close of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision no later than ten (10) regular workdays from the date of the final statements and proofs on the issues which are submitted to himhearing. The arbitrator’s 's decision shall will be in writing and shall will set forth his his/her findings of fact, reasoning reasoning, and conclusions on the issues submitted. The Arbitrator shall have no power to add to, subtract from, modify or amend any of the provisions of this Agreement, nor modify disciplinary action, nor shall he usurp the functions of the Committee or the proper exercise of its judgment and discretion under the Law and this Agreement, nor may he compel an act which is in derogation of such rights. No award shall be effective retroactively beyond the date at which the grievance was first presented under the Grievance Procedure established herein. The decision of the arbitrator will be submitted to the School Committee and to the Association and shall be final and binding upon the parties to this Agreement, and upon the aggrieved person or persons. Both parties to this Agreement realize that the submission of a particular matter to arbitration proceedings represents a step which, in most instances, ought to be avoided. Accordingly, before the arbitration option hereunder is invoked, the parties may mutually schedule such meetings as may be appropriate between representatives of both sides to attempt to resolve the matter on a local level.
(c) Dismissals and suspensions of teachers either on professional teacher status or non-professional teacher status as provided for under General Laws, Chapter 71, Section 42, as amended, or any other applicable law, shall not be grievable, but the teacher shall have all of the rights and remedies provided for under General Laws, Chapter 71, Section 42, as amended, or any other applicable law, shall now be grievable, but the teacher shall have all the rights and remedies provided for under the aforesaid laws.
(d) If, at any time after the execution of this Agreement, binding arbitration is found to be illegal or is prohibited by legislative action, all references and provisions herein to such a procedure and the effect and application thereof shall thereafter be deemed null and void, and of no effect. If, at the time of such adjudication or legislative action, there are any grievances which have been submitted to arbitration and upon which no decision has been reached by the arbitrator under Article III, Section 4 (c), such grievances shall be affected only to the extent that the findings of the arbitrator shall be received and considered by the parties as advisory only. No further arbitration submissions will be required or permitted, and nonbindingthe grievance process will terminate at Level Three, but may be made available to and the public without consent decision of the other parties. Committee will thereafter be final.
(e) The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing room, shall will be borne equally by the Board School Committee and the aggrieved employee, or the Association, if applicable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the aggrieved employee alleged grievance is not satisfied with resolved to the disposition satisfaction of his/her grievance at Level Three, or if no decision has been rendered the employee and the Bargaining Unit within twenty (20) regular workdays or calendar days immediately ensuing the next regularly scheduled Board of Education meeting after response at Level Three, the Bargaining Unit may submit a grievance was delivered to the Board of Education, he/she may, within ten (10) school days after a decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing to arbitration, provided that the Association submit grievance Bargaining Unit shall contemporaneously with the submission to arbitration. A copy , advise the District in writing, that the Bargaining Unit is of this request shall be delivered to the Superintendent’s office. If the Association determines opinion that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20.
a) regular workdays after receipt of a request by the aggrieved employee. Within ten (10) regular workdays work days after such written notice of submission has been given by the Bargaining Unit to arbitrationthe District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Board Bargaining Unit 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. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator within twenty (20) regular workdays, by the American Arbitration Association or if the arbitrator does not agree to serveby mutual agreement, the parties jointly or either one may request an arbitrator through the Massachusetts Division of them may issue a request for a list Labor Relations. The parties will be bound by the rules of arbitrators from procedure of the American Arbitration Association. Upon receipt Association or Massachusetts Division of said listLabor Relations, each party will separately strike in the names designation of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept. The an arbitrator who will ultimately be chosen shall be the one, 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. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of hisproceedings before him/her Association, and hold hearings promptly and shall issue his decision no later than ten (10as otherwise herein provided.
b) regular workdays from the date The cost of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be advisory and nonbinding, but may be made available to the public without consent of the other parties. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing roomexpenses, shall be borne equally by the Board District and the aggrieved employeeBargaining Unit.
c) The arbitrator will confer with the representatives of the School Committee and the Bargaining Unit and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. The decision of the arbitrator shall be final and binding 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 Associationeffective date of this agreement, if applicableor 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.
d) The arbitration hearing will be held within the District unless both parties agree to another designated place.
e) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Bargaining Unit may have with respect to the matter submitted to said arbitration.
Appears in 1 contract
Level Four. Arbitration If the aggrieved employee person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered he/she may within twenty (20) regular workdays or the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may, within ten (10) school days after a the decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) regular workdays after receipt of a request by the aggrieved employee. Within ten (10) regular workdays school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from may be made to the American Arbitration AssociationPublic Employment Relations Commission by either party. Upon receipt of said list, each party will separately strike The parties shall then be bound by the names rules and procedures of the arbitrators whom they find unacceptable and list numerically Public Employment Relations Commission in the names, if any, selection of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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 chosenan arbitrator. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, Association and hold hearings promptly and shall issue his his/her decision no not later than ten twenty (1020) regular workdays days from the date of the close of hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues which are submitted to him/her. The arbitrator’s 's decision shall be in writing and shall set forth his his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be advisory and nonbinding, but may be made available submitted to the public without consent Board and the Association and shall be binding with reference to grievances concerning the alleged misapplication, misinterpretation or violation of the Agreement commencing July 1, 2001. Advisory arbitration shall continue to be the final step for all other partiesgrievances of Board policy and administrative decisions. The costs cost 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 roomroom shall be borne by the party whom the arbitrator ruled against. If a consent award is agreed to by the parties, costs shall be split. If the complaint is settled, costs shall be split. If the parties disagree as to whom shall pay, the arbitrator shall have authority to assess costs. Any grievance not answered within the prescribed time limits, at the level of the Superintendent, or the Board of Education, shall be borne equally by the Board and the aggrieved employee, or the Association, if applicablesustained.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the aggrieved employee person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty ten (2010) regular workdays or the next regularly scheduled Board of Education meeting school days after the grievance was delivered to meeting with the Board of EducationBoard, he/she the aggrieved person may, within ten five (105) school days after a decision by the Board of Education Board, or forty-five fifteen (4515) school days after the grievance was delivered to the Board of Educationmeeting with Board, whichever is sooner, request request, in writing writing, that the Association Chairperson of the Teacher Rights Committee submit that grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association Teacher Rights Committee determines that the grievance is meritoriousmeritorious and that submitting it to arbitration is in the best interests of the school system, it may submit the grievance grievance, in writing, to arbitration within twenty fifteen (2015) regular workdays school days after receipt of a request by the aggrieved employee. person.
b. Within ten (10) regular workdays school days after such written notice of submission to arbitration, the 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. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from may be made to the American Arbitration AssociationNH Public Employees Labor Relations Board by either party. Upon receipt of said list, each party The parties will separately strike then be bound by the names rules and procedures of the arbitrators whom they find unacceptable and list numerically NH Public Employees Labor Relations Board in the names, if any, selection of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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. an arbitrator.
c. The arbitrator so selected shall will confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, Teacher Rights Committee and hold hearings promptly and shall will issue his a decision no not later than ten twenty (1020) regular workdays 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 which are submitted to himthe arbitrator. The arbitrator’s 's decision shall will be in writing and shall will set forth his 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 violate of the terms of this Agreement or which changes or amends this Agreement.
d. The decision of the arbitrator shall be advisory and nonbindingbinding upon both parties. However, but may be made available both parties shall have a right to appeal to the public without consent New Hampshire Superior Court under the provision of Revised Statutes Annotated, Chapter 542, as amended. It is hereby specifically agreed by the other parties. Board and the Association that this contract and the grievance procedure clause are subject to the provisions of New Hampshire Revised Statutes Annotated, Chapter 542, as amended.
e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room, shall will be borne equally by the Board and the aggrieved employee, 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 Association, if applicablearbitrator and/or the NH Public Employees Labor Relations Board which result from the postponement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the aggrieved employee is not satisfied teacher, secretary, and/or crisis intervention aide disagrees with the disposition of his/her said grievance at Level Three, or if no decision has been rendered within twenty ten (2010) regular workdays or the next regularly scheduled Board of Education meeting school days after the grievance was delivered to the Board of EducationBoard, he/she mayprovided no hearing has been requested, then the aggrieved teacher, secretary, and/or crisis intervention aide shall, within ten five (105) school days after a decision by the Board, or fifteen (15) school days after the grievance was delivered in writing to the Board of Education or forty-provided no hearing has been requested, whichever is sooner, submit the grievance to arbitration, giving written notice thereof to the Board, if and only if the Association deems said grievance to be meritorious. If a hearing has been requested and scheduled, the aggrieved person shall have five (455) school days after the hearing decision, or fifteen (15) school days after the formal hearing, whichever is sooner, to submit the grievance to arbitration, if and only if the Association deems said grievance to be meritorious. Failure to file and deliver a request or make submission within the time limitations designated herein, shall constitute an absolute bar to arbitration unless the Association and the Board shall mutually agree, in writing, to waive the applicable said time limitations. If the aggrieved full-time paraprofessional, part-time instructional and/or non- instructional aide, hall monitor, attendance officer, and/or technology technician disagrees with the disposition of said grievance at Level Three, or if no decision has been rendered within ten (10) school days after the grievance was delivered to the Board of Education(provided no hearing has been requested), whichever is sooner, request in writing that the Association submit grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritorious, it he/she may submit the grievance to binding arbitration. Only matters relating to salary, insurance, employment procedures, sick leave, discipline and/or discharge may proceed to binding arbitration. Binding arbitration within twenty (20) regular workdays after receipt of a request by the aggrieved employee. Within ten (10) regular workdays after such may be invoked only if written notice of submission is given to arbitration, the Board and only if the Association deems said grievance to be meritorious. If a hearing has been requested and scheduled, the aggrieved person shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. In have five (5) school days after the event that the parties cannot agree on the arbitrator within twenty (20) regular workdayshearing decision, or fifteen (15) school days after the formal hearing, whichever is sooner, to submit the grievance to binding arbitration, if and only if the arbitrator does not agree Association deems said grievance to serve, the parties jointly or either one of them may issue be meritorious. Failure to file and deliver a request for a list of arbitrators from or make submission within the American Arbitration Association. Upon receipt of said listtime limitations designated herein, each party will separately strike shall constitute an absolute bar to binding arbitration unless the names of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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 Association and the same procedure will be followed until a satisfactory arbitrator is chosen. The arbitrator so selected Board shall confer with mutually agree, in writing, to waive the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision no later than ten (10) regular workdays from the date of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be advisory and nonbinding, but may be made available to the public without consent of the other parties. 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 Board and the aggrieved employee, or the Association, if applicableapplicable said time limitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. Arbitration
(a) If the aggrieved employee Association is not satisfied with the disposition of his/her a grievance filed by the Association at Level Three, or if no decision has been rendered within twenty (20) school days after the grievance was delivered to the Board or after the conclusion of any hearing conducted by the Board, the Association may, within ten (10) school days after the decision by the Board or after the conclusion of any hearing conducted by the Board, whichever is sooner, submit the grievance to arbitration.
(b) If a Teacher grievant is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within twenty (20) regular workdays or the next regularly scheduled Board of Education meeting school days after the grievance was delivered to the Board or after the conclusion of Educationany hearing conducted by the Board, he/she the Teacher grievant may, within ten (10) school days after a the decision by the Board of Education or forty-five thirty (4530) school days after the grievance was delivered to the Board or after the conclusion of Educationany hearing conducted by the Board, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the Teacher grievance is meritorious, it may submit the grievance to arbitration within twenty ten (2010) regular workdays school days after receipt of a request by the aggrieved employee. Teacher grievant.
(c) Within ten (10) regular workdays school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from may be made to the American Arbitration Association. 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 acceptPublic Employment Relations Commission (“P.E.R.C.”) by either party. The parties shall then be bound by the rules and procedures of P.E.R.C. in the selection of an arbitrator who will ultimately be chosen shall be and during the one, 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. arbitration proceedings.
(d) The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, Association and hold hearings a hearing promptly and shall issue his his/her decision no later than ten thirty (1030) regular workdays days from the date of the close of the hearing, or from the date the final statements and proofs on the issues which proofs, including briefs and legal memoranda, are submitted to himthe arbitrator. The arbitrator’s decision shall be final and binding upon the parties and shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. .
(e) The decision authority of the arbitrator shall be advisory and nonbinding, but may be made available limited to the public without consent interpretation, application or the compliance with the provision of this Agreement, and the arbitrator shall have no authority to modify, add to, subtract from, or in any way alter any of the other parties. The costs for terms of this Agreement, and the services arbitrator shall be bound by and decide in accordance with all applicable New Jersey and Federal Statutes, the Constitutions of the arbitrator, including per diem expenses, if anyState of New Jersey and of the United States, and actual and necessary travelall decision(s) of the Commissioner of Education, subsistence expenses the State Board of Education, the Courts of the State of New Jersey and the cost Federal Courts having jurisdiction over matters arising with the State of the hearing room, shall be borne equally by the Board and the aggrieved employee, or the Association, if applicableNew Jersey.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a) If the aggrieved employee Association is not satisfied with the disposition of his/her the grievance at Level Three, Three or if no decision has been rendered within twenty (20) regular workdays or the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may, within ten (10) school days after being presented to the Board, the Association may within five (5) school days after a decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit grievance be submitted to binding arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritoriousmeritorious 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 twenty thirty (2030) regular workdays school days after receipt of a request by the aggrieved employeeperson. 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) regular workdays school days after such written notice of submission to arbitration, binding arbitration the 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. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from will be made to the American Arbitration AssociationAssociation by either party. Upon receipt of said list, each party The parties will separately strike be bound by the names rules and procedures of the arbitrators whom they find unacceptable and list numerically American Arbitration Association in the names, if any, selection of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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. an arbitrator.
c) The arbitrator so selected shall will confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, Association and hold hearings promptly and shall will issue his decision no not later than ten then twenty (1020) regular workdays days from the date of the close of the hearings or if oral hearings have been waived, then from the date of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall will be in writing and shall will set forth his findings of fact, reasoning reasons, and conclusions on the issues submitted. The arbitrator will be without power to make any decision which requires the commission of any act prohibited by law or which is a violation of the terms of this Agreement. He shall have no power to rule on any of the following:
1. 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 matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan as amended).
2. The termination of services of or failure to re-employ any probationary teacher.
3. The termination of services or failure to re-employ any teacher to a position on the extra- curricular schedule.
d) The fees and expenses of the arbitrator shall be advisory and nonbinding, but may be made available to the public without consent of the other parties. 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 shared equally by the Board and the aggrieved employeeAssociation. All other expenses shall be borne by the party incurring them, or and neither party shall be responsible for the Association, if applicableexpense of witnesses called by the other.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. If the aggrieved employee alleged grievance is not satisfied with resolved to the disposition satisfaction of his/her grievance at Level Three, or if no decision has been rendered the employee and the Bargaining Unit within twenty (20) regular workdays or calendar days immediately ensuing the next regularly scheduled Board of Education meeting after response at Level Three, the Bargaining Unit may submit a grievance was delivered in writing to the Board of Education, he/she may, within ten (10) school days after a decision local arbitrator mutually agreed upon by the Board of Education or forty-five (45) school days after Unit and the grievance was delivered to the Board of EducationSchool Committee, whichever is sooner, request in writing provided that the Association submit grievance Bargaining Unit shall contemporaneously with the submission to arbitration. A copy , advise the District in writing, that the Bargaining Unit is of this request shall be delivered to the Superintendent’s office. If the Association determines opinion that the grievance is meritorious, it may submit the grievance . The following general provisions shall pertain to arbitration within twenty (20) regular workdays after receipt of a request by the aggrieved employee. arbitration: Within ten (10) regular workdays work days after such written notice of submission has been given by the Bargaining Unit to arbitrationthe District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Board Bargaining Unit 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. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator within twenty (20) regular workdays, by the American Arbitration Association or if the arbitrator does not agree to serveby mutual agreement, the parties jointly or either one may request an arbitrator through the Massachusetts Division of them may issue a request for a list Labor Relations. The parties will be bound by the rules of arbitrators from procedure of the American Arbitration Association. Upon receipt Association or Massachusetts Division of said listLabor Relations, each party will separately strike in the names designation of an arbitrator and the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would acceptproceedings before him/her as otherwise herein provided. The arbitrator who will ultimately be chosen shall be the one, if any, who appears on both acceptable, lists with the lowest average number cost 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. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision no later than ten (10) regular workdays from the date of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be advisory and nonbinding, but may be made available to the public without consent of the other parties. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing roomexpenses, shall be borne equally by the Board District and the aggrieved employeeBargaining Unit. The arbitrator will confer with the representatives of the School Committee and the Bargaining Unit and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. The decision of the arbitrator shall be final and binding 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 Associationeffective 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. The arbitration hearing will be held within the District unless both parties agree to another designated place. The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Bargaining Unit may have with respect to the matter submitted to said arbitration. The District acknowledges the right of the Bargaining Unit to participate in the processing of a grievance at any level. Provided the parties agree, Level One and/or Level Two of the grievance procedure may be passed and the grievance brought directly to the next step. No reprisals of any kind will be taken by the District or its agents or members of the School Committee because of the participation in this grievance procedure or by any bargaining member against the District or its agents or members of the School Committee. All documents, communications and records dealing with the processing of the grievance shall be filed separately from the personnel files of the participants. The District and the Bargaining Unit will cooperate with each other in the investigation of any grievance and, further, will furnish to each other such information, if applicableavailable, as required for the processing of any grievance. Grievance meetings and the investigation of the same will normally take place outside of school hours. Arbitration meetings will be held outside of school hours.
Appears in 1 contract
Level Four. a) If the aggrieved employee Association is not satisfied with the disposition of his/her the grievance at Level Three, Three or if no decision has been rendered within twenty (20) regular workdays or the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may, within ten (10) school days after being presented to the Board, the Association may within five (5) school days after a decision by the Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit grievance be submitted to binding arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritoriousmeritorious 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 twenty thirty (2030) regular workdays school days after receipt of a request by the aggrieved employeeperson. 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) regular workdays school days after such written notice of submission to arbitration, binding arbitration the 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. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from will be made to the American Arbitration AssociationAssociation by either party. Upon receipt of said list, each party The parties will separately strike be bound by the names rules and procedures of the arbitrators whom they find unacceptable and list numerically American Arbitration Association in the names, if any, selection of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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. an arbitrator.
c) The arbitrator so selected shall will confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, Association and hold hearings promptly and shall will issue his decision no not later than ten twenty (1020) regular workdays days from the date of the close of the hearings or if oral hearings have been waived, then from the date of the final statements and proofs on the issues which are submitted to him. The arbitrator’s decision shall will be in writing and shall will set forth his findings of fact, reasoning reasons, and conclusions on the issues submitted. The arbitrator will be without power to make any decision which requires the commission of any act prohibited by law or which is a violation of the terms of this Agreement. He shall have no power to rule on any of the following:
1. 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 matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan as amended).
2. The termination of services of or failure to re-employ any probationary teacher.
3. The termination of services or failure to re-employ any teacher to a position on the extra- curricular schedule.
d) The fees and expenses of the arbitrator shall be advisory and nonbinding, but may be made available to the public without consent of the other parties. 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 shared equally by the Board and the aggrieved employeeAssociation. All other expenses shall be borne by the party incurring them, or and neither party shall be responsible for the Association, if applicableexpense of witnesses called by the other.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. (a) If the aggrieved employee person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty ten (2010) regular workdays or school days after he/she first met with the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of EducationCommittee, he/she may, within ten five (105) school days after a decision by the Board of Education School Committee or forty-five fifteen (4515) school days after he/she has first met with the grievance was delivered to the Board of EducationCommittee, whichever is sooner, request in writing that the Association Chairman of the PR&R Committee to submit his/her grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association PR&R Committee determines that the grievance is meritorious, meritorious and that submitting it to arbitration is in the best interests of all concerned it may submit the grievance to binding arbitration within twenty fifteen (2015) regular workdays school days after receipt of a request by the aggrieved employee. person.
(b) Within ten (10) regular workdays school days after such written notice of submission to arbitration, the Board Committee and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said an arbitrator to servehear the dispute. In If no agreement is reached within ten (10) school days the event that grievance shall be submitted by the parties canAssociation to the American Arbitration Association in accordance with the AAA rules for the arbitration of labor disputes.
(c) The arbitrator will issue its decision not agree on the arbitrator within later than twenty (20) regular workdays, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from the American Arbitration Association. 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. The arbitrator who will ultimately be chosen shall be the one, 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. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision no later than ten (10) regular workdays school days from the date of the final statements and proofs on the issues which are grievance was first submitted to himit for arbitration. The arbitratorArbitrator’s decision shall will be in writing and shall will set forth his its findings of fact, reasoning and conclusions on the issues submitted. The award or decision of the arbitrator made in any such arbitration shall be advisory final and nonbindingbinding on the School Committee, but may the Association, and the aggrieved employee; provided, however, that no such award or decision shall be made available to the public without consent inconsistent with any provisions of the other parties. The this Contract or shall be in conflict with any applicable law, ordinance, or by-law.
(d) Any 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 such arbitration as described in this section will be borne equally by the Board School Committee and the aggrieved employeeAssociation.
(e) In the event a grievance is filed on or after May 1, or which if left unresolved until the Associationbeginning of the following school year, if applicablecould result in irreparable harm to a party in interest, the time limits set forth above shall mean calendar days exclusive of Saturdays, Sundays, and legal holidays. The time limits indicated above are maximum unless extended by mutual agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the aggrieved employee is not satisfied with the disposition of his/her grievance at Level Threeprevious levels, or if no decision has been rendered within twenty ten (2010) regular workdays or the next regularly scheduled Board of Education meeting days after the grievance was delivered to he/she has first met with the Board of EducationCommittee, he/she may, within ten five (105) school days after a decision by the Board of Education or forty-five fifteen (4515) school days after the grievance was delivered to he/she has first met with the Board of EducationCommittee, whichever is sooner, request in writing that to the President of the Association to submit the grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritoriousmeritorious and that it arises from the language of this Agreement or an alleged breach thereof and that submitting it to arbitration is in the best interests of the De1ton Xxxxxxx School System, it may may, by written notice to the School, submit the grievance to arbitration within twenty fifteen (20l5) regular workdays days after receipt of a request by the aggrieved employeeperson. If not so delivered within fifteen (15) days, the grievance shall be deemed abandoned. Grievances which do not arise from the language of this Agreement may be processed through Level Three but will not be arbitrable.
b. Within ten (10) regular workdays days after such written notice of submission to arbitration, the Board Committee and the Association shall attempt to will agree upon a mutually acceptable arbitrator and shall will obtain a commitment from said arbitrator to serve. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from will be made to the American Arbitration AssociationAssociation by either party. Upon receipt of said list, each party The parties will separately strike be bound by the names rules and procedures of the arbitrators whom they find unacceptable and list numerically American Arbitration Association in the names, if any, selection of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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, an a new list will be requested and the same procedure will be followed until a satisfactory arbitrator is chosen. The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and shall issue his decision no later than ten (10) regular workdays from the date of the final statements and proofs on the issues which are submitted to him. arbitrator.
c. The arbitrator’s decision shall will be in writing and shall will set forth his his/her findings of fact, reasoning and conclusions on of the issues submitted. The arbitrator shall have no power to alter, modify, add to, or subtract from the provisions of this Agreement. His/Her authority shall be limited to deciding whether a specific Article and Section of the Agreement has been violated. The arbitrator shall not usurp the functions of the Board of Education or the proper exercise of its judgment and discretion under law and this Agreement. The decision of the arbitrator arbitrator, if within the scope of his/her authority as above set forth, shall be advisory final and nonbinding, but may be made available to the public without consent of the other parties. binding.
d. The costs for the services of the arbitrator, arbitrator including per diem expenses, if any, and actual and necessary travel, travel and subsistence expenses and the cost of the hearing room, shall will be borne equally by the Board School and the aggrieved employee, or the Association, if applicable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. 5.4.1 If the aggrieved employee person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty (20) regular workdays or school days by the next regularly scheduled Board of Education meeting School Committee after the grievance was delivered submitted in writing to the Board of EducationSuperintendent-Director for the Committee, he/she may, within ten (10) school days after a decision by the Board of Education or forty-five (455) school days after the decision has been rendered or after twenty (20) school days has passed since the grievance was delivered filed with the Superintendent-Director for transmittal to the Board of EducationCommittee, whichever is sooner, request in writing that to the Association Chairman of the PR&R Committee to submit his/her grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association PR&R Committee determines that the grievance is meritorious, it may submit the grievance to binding arbitration within twenty fifteen (2015) regular workdays school days after receipt of a request by the aggrieved employee. person.
5.4.2 Within ten (10) regular workdays school days after such written notice of submission to arbitration, the Board Sub-Committee 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. In the event that If the parties cannot are unable to agree on upon an arbitrator or to obtain such a commitment within the arbitrator within twenty (20) regular workdaysspecified period, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from may be made to the American Arbitration AssociationAssociation by either party. Upon receipt of said list, each party The rules and procedures will separately strike bind the names parties of the arbitrators whom they find unacceptable and list numerically American Arbitration Association in the names, if any, selection of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, 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. an arbitrator.
5.4.3 The arbitrator so selected shall will confer with the representatives of the Board Committee and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, PR&R Committee and hold hearings promptly and shall will issue his his/her decision no not later than ten twenty (1020) regular workdays 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 which are submitted to him. The arbitrator’s 's decision shall will be in writing and shall will set forth his his/her findings of fact, reasoning 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 violation of the terms of this Agreement. The decision of the arbitrator shall will be advisory and nonbinding, but may be made available submitted to the public without consent of Committee and to the other parties. Association and will be final and binding.
5.4.4 The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room, shall will be borne equally by the Board Committee and the aggrieved employee, or the Association, if applicable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. (a) If the aggrieved employee person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty ten (2010) regular workdays or school days after he/she has first met with the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of EducationBoard, he/she may, within ten five (105) school days after a decision by the Board of Education or forty-five fifteen (4515) school days after he/she has first met with the grievance was delivered to the Board of EducationBoard, whichever is sooner, request file the grievance in writing that with the President of the Association or his/her designee with a copy to the Superintendent of Schools requesting the Association to submit his/her grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is meritoriousmeritorious and that submitting it to arbitration is in the best interests of the school system, it may submit the grievance to arbitration within twenty ten (2010) regular workdays school days after receipt of a request by the aggrieved employee. person by notifying the Board and the Superintendent to that effect.
(b) Within ten (10) regular workdays school days after such written notice of submission to arbitration, the Board and the Association shall attempt to may agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator arbitrator. If they are unable to serve. In the event that the parties cannot agree on the an arbitrator within twenty (20) regular workdayssuch time, or if the arbitrator does not agree to serve, the parties jointly or then either one of them party may issue a request for a list of arbitrators from the American Arbitration Association. Upon receipt Association to designate a panel of said list, each party will separately strike arbitrators experienced in public employment relations with reference to schools from which in accordance with the names rules then obtaining of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept. The American Arbitration Association an arbitrator who will ultimately be chosen shall be the one, 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. selected or designated.
(c) The arbitrator so selected shall confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and will hold closed hearings promptly in the City of White Plains and shall will issue his decision no a written award not later than ten thirty (1030) regular workdays 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 which are submitted to himsubmitted. The arbitrator’s arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement; nor shall he/she have power to add to, subtract from, change or modify any provision of this Agreement. He/she shall be in writing authorized only to interpret the existing provisions of this Agreement and shall set forth his findings apply them to the specific facts of fact, reasoning and conclusions on the issues submittedgrievance. The decision of the arbitrator shall with respect to all contract grievances will be advisory and nonbinding, but may be made available to the public without consent of the other parties. binding.
(d) 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 arbitrator will be borne equally by the Board School District and the aggrieved employee, or the Association, if applicable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Level Four. a. If the aggrieved employee person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty fifteen (2015) regular workdays or the next regularly scheduled Board of Education meeting school days after the grievance was delivered to he/she has first met with the Board of Educationor its designated committee, he/she may, within ten five (105) school days after a decision by the Board of Education or forty-five twenty (4520) school days after the grievance was delivered to he/she first met with the Board of Educationor its designated Committee, whichever is sooner, request in writing that the Association Chairperson of the PR&R Committee submit his grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association PR&R Committee determines that the grievance is meritoriousmeritorious and that submitting it to arbitration is in the best interest of the Unit Member, it may submit the grievance to arbitration within twenty fifteen (2015) regular workdays school days after receipt of a request by the aggrieved employee. person by notifying the Board to that effect.
b. Within ten fifteen (1015) regular workdays school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. In the event that the parties cannot agree on the arbitrator within twenty (20) regular workdays, or if the arbitrator does not PR&R Committee agree to serve, submit the parties jointly or either one of them may issue a request grievance for a list of arbitrators from arbitration to the American Arbitration Association. Upon receipt of said list, each party and all hearings will separately strike be conducted under the names rules of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept. American Arbitration Association.
c. The arbitrator who will ultimately be chosen shall be the one, 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. The arbitrator Arbitrator so selected shall will confer with the representatives of the Board and the aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, PR&R Committee and hold hearings promptly in Seneca County, unless both parties mutually agree to meet elsewhere, and shall will issue his a decision no later than ten twenty (1020) regular workdays 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 which are submitted to himsubmitted. The arbitrator’s decision shall decisions of the Arbitrator will be in writing and shall will set forth his the findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator determination of the grievance by the Arbitrator will be final and binding on both parties. However, such decision shall be advisory and nonbinding, but may be made available reviewable upon appeal to the public without consent any court of the other parties. competent jurisdiction.
d. The costs for the services of the arbitratorArbitrator, including per diem expenses, if any, and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room, shall will be borne equally by the Board School District and the aggrieved employee, or the Association, if applicableprovided the grievance has been approved at the third level by the PR&R Committee.
Appears in 1 contract
Samples: Collective Bargaining Agreement