Common use of Level Four Clause in Contracts

Level Four. If the aggrieved person (or group of persons) is not satisfied with the disposition of the grievance at Level Three, or if no decision is rendered within five (5) days after the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, the grievance is deemed meritorious, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may submit the grievance to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort to present all evidence available to them at the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. The arbitrator will not be empowered to make any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Level Four. If the aggrieved person (or group of persons) grievant is not satisfied with the disposition of the grievance at Level Three, or if no decision is rendered the grievant may, within ten (10) days after the mediation process (Level Three) has been exhausted, request that the Association submit the grievance to arbitration. a. If the Association decides to submit the grievance to arbitration, it may, within ten (10) days after receipt of the request from the grievant, give written notice to the Superintendent/designee of its intent to submit the grievance to arbitration. b. Within ten (10) days of such notice, unless the parties mutually agree on an arbitrator, the Superintendent/designee shall request a list of five (5) days after arbitrators from the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, the grievance is deemed meritorious, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may submit the grievance to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the partiesCalifornia State Conciliation Service. The parties will make every effort meet to present all evidence available to them at alternately strike names until an arbitrator is selected; with the Level Three hearing. If after conclusion first strike determined by coin toss. c. The arbitrator so selected will confer with the representatives of the Level Three hearing but before commencement Superintendent/designee and the Association and will hold hearings promptly and will issue a decision as soon as reasonably practical after the date of the hearing at Level Four, any party becomes aware close of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. . d. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings arbitrator’s decision will be held in abeyance; providedwriting and will set forth findings of fact, howeverreasoning, that in no event will and conclusions on the period of abeyance exceed twenty (20) calendar days. issues submitted. e. The arbitrator will not be empowered without power or authority to change any of the contract or to make any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision which is violative of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. contract. f. The decision of the arbitrator will be final and no appeal will lie there from except binding on the ground that parties and will be submitted to the decision was procured by fraud or that it violates District and the lawAssociation. g. The arbitrator, in which case appeals rendering their opinion, shall not amend, modify, nullify, ignore, nor add to the provisions of this Agreement. The arbitrator’s authority shall be limited to deciding only the issue or issues presented to them in writing by the District and the grievant or their representative, and the arbitrator’s decision must be based upon their interpretation of the meaning or application of the language of this Agreement. h. The cost for the services of the arbitrator including per diem expenses, if any, travel, and subsistence expenses will be to borne equally by the Superior CourtBoard and the Association. Nothing in this contract Any other costs will affect be borne by the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersparty incurring them.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. a. If the aggrieved person (or group of persons) is not satisfied with the disposition written decision of the grievance at Level Three, the aggrieved may request in writing that the Association submit the grievance to arbitration whether binding or if no decision is rendered within five (5) days after advisory. If the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, Association determines that the grievance is deemed meritorious, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved it may submit the grievance to binding arbitration within fifteen (15) days after receipt of the Board's written decision (from Level Three). b. Within ten (10) days after such written notice of submission to arbitration, the Board and the person(s) designated by the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator to serve or to obtain such a commitment within the specified period, either party may make a request for a list of arbitrators to the Public Employment Relations Commission. The rules and procedures shall then bind the parties of the Public Employment Relations Commission in the selection of an arbitrator. c. 1. The arbitrator so selected shall confer with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort to present all evidence available to them at the Level Three hearing. If after conclusion representatives of the Level Three hearing but before commencement Board and the representatives of the hearing at Level FourAssociation, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its hold hearings promptly and issue a decision or re-open the hearing. The Committee will have not later than twenty (20) calendar days to hear new evidence from the date of the close of the hearings or if oral hearings have been waived then from the date the final statements and re-consider its decisionproofs on the issues were submitted. During The arbitrator's decision shall be in writing and shall set forth the time that such new evidence is being considered by findings of fact, reasoning, and conclusions on the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar daysissues submitted. The arbitrator will not shall be empowered without power or authority to make any decision amendingdecision, modifyingwhich requires the commission of an act, adding to prohibited by law or subtracting from which is violative of the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will shall be final and no appeal will lie there from except binding on the ground parties in all matters concerning interpretation, application, or alleged violation of the agreement, including grievances arising out of minor disciplinary actions, except for that language under the articles concerning transfers, assignments and promotions, which shall be subject to advisory arbitration. The decision was procured of the arbitrator shall be advisory on all other grievance matters. d. 2. In addition, the Board's decision shall be final and binding on grievances concerning: (i) Any matter for which a specific method of review is prescribed and expressly set forth by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right or any rule or regulation of the Committee to seek and obtain injunctive reliefState Commissioner of Education, declaratory relief or damages in the courts for violation or (ii) A complaint of this agreement or for unlawful activities on the part a non-tenure employee which arises by reason of the Association employee not being reemployed, or (iii) A complaint by any certificated personnel occasioned by appointment to or its memberslack of appointment to, retention in or lack of retention in, any position for which tenure either is not possible or not required, or (iv) Any matter which according to law is either beyond the scope of the Board's authority or limited to unilateral action by the Board alone.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. (a) If the aggrieved person (or group of persons) is not satisfied with the disposition of the his/her grievance at Level Three, or if no decision is has been rendered within five ten (510) school days after he/she has first met with the Committee has heard the grievance, and if, in the opinion of the PR&R Board Committee, he/she may, within ten (10) school days after a decision by the Board or fifteen (15) school days after he/she has first met with the Board Committee, whichever is sooner, request in writing that the Association submit his/her grievance is deemed meritoriousto arbitration. Grievances which do not arise from the language of this Agreement, then within thirty or an alleged breach thereof, may be processed through Level Three, but will not be arbitrable. (30b) calendar Within ten (10) school days after such written notice of receipt of submission to arbitration, the Committee's decision Board Committee and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or if no decision is rendered to obtain such a commitment within the aforesaid five (5) daysspecified period, then within thirty (30) calendar days after the expiration a request for a list of the five (5) days, the aggrieved may submit the grievance arbitrators will be made to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rulesby either party. All grievances The parties will be bound by the Committee rules and procedures of the American Arbitration Association in the selection of an arbitrator. (c) The arbitrator so selected will confer with representatives of the Board and the Association and hold hearings promptly and will issue his decision 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 are submitted to him. The arbitrator's decision will be initiated at Level Fourin writing and will set forth his findings of fact, reasoning and conclusions on the issues submitted. The expense arbitrator will be without power or authority to make any decision which requires the commission of arbitration any act prohibited by law or which is in violation of the terms of this Agreement. Arbitration of grievances arising from the language of this Agreement or an alleged breach thereof will be final and binding. (d) The costs for the services of the arbitration, including per diem expenses if any, and actual necessary travel and subsistence expenses, will be borne equally by the parties. The parties will make every effort to present all evidence available to them at Board and the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. The arbitrator will not be empowered to make any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersAssociation.

Appears in 1 contract

Samples: Master Agreement

Level Four. If the aggrieved person (or group of persons) Association is not satisfied with the disposition of the grievance at Level Three, or if no decision is has been rendered within five fifteen (515) workdays after said meeting of the Committee, the Association, and the aggrieved employee, the Association may, by giving written notice to the Committee within ten (10) work days after the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, the grievance is deemed meritorious, then within thirty (30) calendar days of receipt date of the Committee's decision in Level Three or within twenty (20) work days after said meeting with the Committee if no decision is rendered within has been rendered, present the aforesaid five (5) daysgrievance for arbitration. In such case the following procedure will be followed: 1. The Committee and the Association shall forthwith submit the grievance to the State Board of Conciliation and Arbitration, then within or to such other Arbitration Tribunal as may be mutually agreed upon, for disposition in accordance with the applicable rules of said State Board of Conciliation and Arbitration or such other Arbitration Tribunal as may be selected. 2. The arbitrator selected shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue his/her decision not later than thirty (30) calendar days after from the expiration date of the five (5) days, the aggrieved may submit the grievance to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort to present all evidence available to them at the Level Three hearing. If after conclusion of the Level Three hearing but before commencement close of the hearing at Level Fouror, any party becomes aware if oral hearings have been waived, from the date of new evidence in support submission to him/her of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearingfinal statements and proofs. 3. The Committee will have twenty (20) calendar days arbitrator's decision shall be in writing and shall set forth his/her finding or fact, reasoning, and conclusion. The authority of the arbitrator shall be limited to hear new evidence the terms and re-consider its decision. During provisions of this Agreement and the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar daysquestion or questions which are submitted. The arbitrator will not shall have only the power to interpret what the parties to this Agreement intended by the specific clause in the Agreement which is at issue. The arbitrator shall be empowered without power or authority to make any decision amendingwhich requires the commission of an act prohibited by law or which is violative of the terms of the Agreement. The arbitrator shall have no authority to establish wages or other compensation, modifyingnor to alter, adding to modify, or subtracting from change in any way the terms and provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. 4. The decision of the arbitrator will shall be final and no appeal will lie there from except on binding upon the ground that Committee, the decision was procured by fraud or that it violates Association, and the law, in which case appeals will be aggrieved employee. 5. The fee and expenses of the arbitrator and the expenses directly related to the Superior Court. Nothing in this contract will affect the right of arbitration hearing shall be shared equally by the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersAssociation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. If the aggrieved person (or group of persons) is not satisfied with the disposition of the grievance at Level Three, or if no decision is rendered within Within five (5) days after of the Committee has heard receipt of the appeal, the School District Board of Directors and the Association shall determine if the grievance involves the interpretation, meaning, or application of any of the specific provisions of this Agreement. If it is mutually agreed that the grievance involves the interpretation, meaning, or application of the provisions of this Agreement, within ten (10) days of the receipt of the appeal at Level Four, the Superintendent shall notify the American Arbitration Association (AAA), Employee Relations Board (ERB), or a mutually acceptable arbitrator and arrange for arbitration of the case. If any questions arise as to whether a particular dispute involves the interpretation, meaning, or application of any of the provisions of this Agreement, such questions will be ruled upon by the arbitrator selected to hear the dispute. Except as otherwise expressly provided in this Agreement, the arbitration will be conducted in accordance with the American Arbitration Association or Employee Relations Board in effect at the time of the grievance. If the parties are unable to agree or to obtain a mutually acceptable arbitrator, and if, in the opinion of the PR&R Committee, the grievance is deemed meritorious, then within thirty ten (3010) calendar days of receipt of the Committee's appeal at Level Four, a request for a list of arbitrators may be made to the AAA or XXX by either party. The parties will then be bound by the AAA or XXX rules in selection of an arbitrator. The arbitrator will confer with the Council and the Board of Directors, hold hearings promptly, and will issue their decision or if no decision is rendered within the aforesaid five (5) days, then within not later than thirty (30) calendar days after from the expiration close of the five (5) dayshearings or, if oral hearings have been waived, then from the aggrieved may submit the grievance to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort to present all evidence available to them at the Level Three hearing. If after conclusion date of the Level Three hearing but before commencement of final statements and proofs submitted to the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar daysarbitrator. The arbitrator will may not be empowered to make any decision amendingadd to, modifyingsubtract from, adding to alter or subtracting from modify the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach arbitrator’s decision will not require the commission of an act prohibited by law or which will violate the terms of this agreement or any alleged violation of their right hereunder Agreement. Such decision will be pursuant submitted to the grievance procedure, provided, however, that a teacher may elect in Board and the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator Association and will be final and no appeal binding upon the parties. The arbitrator’s decision will lie there from except be in writing and set forth their findings of fact, reasoning, conclusions on the ground that the decision was procured by fraud or that it violates the lawissues submitted, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersremedy.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. 1. If the aggrieved person (or group of persons) grievant is not satisfied with the Superintendent’s disposition of the grievance their contractualgrievance at Level Three, or if no decision is rendered they may request in writing that the Association submit their grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within five fifteen (515) days after the Committee has heard receipt of a request by the grievance, and ifgrievant. However, in no event may the opinion appeal be initiated more than twenty (20) days after the Superintendent’s decision is mailed or personally delivered to the grievant. 2. Within ten (10) days after such written notice of the PR&R Committeesubmission to arbitration, the grievance Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitratoror to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the State Mediation and Conciliation Services by either party. Upon receipt of such a list, the Association shall strike the first name and the parties shall alternatively strike names thereafter, until only one name remains. Such person shall be deemed to be appointed as the arbitrator, provided they are available to serve upon a mutually agreeable date. If such arbitrator is deemed meritorious, then not available to serve within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may submit parties shall request a new list of arbitrators and repeat the grievance to binding arbitration with striking process. The arbitrator so selected shall be bound by the Voluntary Labor Arbitration Rules of the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by in the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort to present all evidence available to them at the Level Three hearing. If after conclusion conduct of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. 3. The arbitrator will not so selected shall confer with the representatives of the Board and the Association, hold hearings promptly and shall issue their written decision. The arbitrator’s decision shall be empowered in writing and shall set forth their findings of the fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision amending, modifying, adding to which requires commission of an act prohibited by law or subtracting from which violates the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this sectioncollective bargaining agreement. The decision of the arbitrator will shall be submitted to the Board and the Association and shall be final and binding on all parties. 4. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this Agreement, and no appeal will lie there from except arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution date of this Agreement. Grievances initiated on a timely basis under the ground terms of the prior agreement shall be continued in accordance with the terms of that agreement and any grievance initiated on a timely basis prior to the decision was procured by fraud or that it violates the law, in which case appeals expiration of this Agreement will be to continued in accordance with the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersterms thereof.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. a. If the aggrieved person (or group of persons) is not satisfied with the disposition of the his grievance at Level Three, or if no decision is has been rendered within ten (10) school days after he has first met with the Board Committee, he may, within five (5) school days after a decision by the Committee Board or fifteen (15) school days after he has heard first met with the grievanceBoard Committee, and ifwhich ever is sooner, request in writing the opinion Chairman of the PR&R Committee, Committee to submit his grievance to arbitration. If the PR&R Committee determines that the grievance is deemed meritorious, then within thirty (30) calendar days meritorious and that it arised from the language of receipt this Agreement or an alleged breach thereof and that submitting it to arbitration is in the best interests of the Committee's decision or if no decision is rendered within Bessemer School System, it may by written notice to the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may Board submit the grievance to binding arbitration with within fifteen (15) school days after receipt of the request by the aggrieved person. Grievances which do not arise from the language of this Agreement, or an alleged breach thereof, may be processed through Level Three, but will not be arbitrable. b. Within ten (10) school days after such written notice of submission to arbitration, the Board Committee and the PR&R Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association under its Voluntary Labor Arbitration Rulesby either party. All grievances The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. c. The arbitrator so selected will confer with representatives of the Board and the PR&R Committee and hold hearings promptly and will issue his decision 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 are submitted to him. The arbitrator's decision will be initiated at Level Fourin writing and will set forth his findings of fact, reasoning and conclusions on the issues submitted. The expense arbitrator will be without power or authority to make any decision which requires the commission of arbitration any act prohibited by law or which is violative of the terms of this Agreement. Arbitration of grievances arising from the language of this Agreement or an alleged breach thereof will be final and binding. d. The costs for the services of the arbitration, including per diem expenses of any, and actual and necessary travel and subsistence expenses, will be borne equally by the parties. The parties will make every effort to present all evidence available to them at Board and the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. The arbitrator will not be empowered to make any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersAssociation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. (Arbitration) 1. If the aggrieved person (or group of persons) is not satisfied with the disposition of the grievance at Level Three, or if no decision is rendered within five (5) days after the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, the grievance is deemed not settled at Level Three and the FEDERATION determines the grievance is meritorious, then it may file for Arbitration. If the FEDERATION files for Arbitration, it shall notify the Committee within thirty (30) calendar days of receipt the decision at Level Three. The filing of a written demand for Arbitration with the AMERICAN ARBITRATION ASSOCIATION shall be the method of notifying the COMMITTEE of the CommitteeFEDERATION'S intent to appeal. The date postmarked on the envelope containing the AMERICAN ARBITRATION ASSOCIATION demand shall be deemed the date of filing. 2. The arbitrator so selected will confer with representatives of the School Committee and the FEDERATION and hold hearings promptly, and will issue his decision 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 evidence are submitted to him. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or if no authority to make any decision which requires the commission of an act prohibited by law, or which is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration violative of the five (5) days, the aggrieved may submit the grievance to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Fourterms of this Agreement. The expense arbitrator shall be without power or authority to extend beyond the submission agreement, or to add to, delete from, modify or alter the terms of arbitration this agreement. The decision of the arbitrator shall be submitted to the School Committee and to the FEDERATION and shall be final and binding. 3. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the parties. The parties will make every effort to present all evidence available to them at School Committee and the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; FEDERATION provided, however, that a party who cancels or postpones a hearing without the required notice to the AMERICAN ARBITRATION ASSOCIATION or the Arbitrator shall pay the full cost of any fees of the AMERICAN ARBITRATION ASSOCIATION and/or the Arbitrator. 4. If the COMMITTEE claims the FEDERATION has violated any provisions of Article IV, the No Strike Clause, it may present such claim to the FEDERATION, in no event will writing, and if the period of abeyance exceed twenty parties fail to settle the matter within ten (2010) calendar days. The arbitrator will not be empowered , the COMMITTEE may submit the dispute to make any decision amending, modifying, adding to or subtracting from arbitration under the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach Level Four of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersArticle.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. (a) If the aggrieved person (or group of persons) is not satisfied with the disposition of the his/her grievance at Level Three, or if no decision is has been rendered within five ten (510) school days after he/she has first met with the Committee has heard the grievance, and if, in the opinion of the PR&R Board Committee, he/she may, within ten (10) school days after a decision by the Board or fifteen (15) school days after he/she has first met with the Board Committee, whichever is sooner, request in writing that the Association submit his/her grievance is deemed meritoriousto arbitration. Grievances which do not arise from the language of this Agreement, then within thirty or an alleged breach thereof, may be processed through Level Three, but will not be arbitrable. (30b) calendar Within ten (10) school days after such written notice of receipt of submission to arbitration, the Committee's decision Board Committee and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or if no decision is rendered to obtain such a commitment within the aforesaid five (5) daysspecified period, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may submit the grievance to binding a demand for arbitration shall be filed with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee Association. The parties will be initiated at Level Fourbound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. The expense Demand for Arbitration must be filed within ten (10) school days of arbitration the notice of submission. (c) The arbitrator so selected will confer with representatives of the Board and the Association and hold hearings promptly and will issue his decision 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 are submitted to him. The arbitrator's decision will be in writing and 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 any act prohibited by law or which is in violation of the terms of this Agreement. Arbitration of grievances arising from the language of this Agreement or an alleged breach thereof will be final and binding. (d) The costs for the services of the arbitration, including per diem expenses if any, and actual necessary travel and subsistence expenses, will be borne equally by the parties. The parties will make every effort to present all evidence available to them at Board and the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. The arbitrator will not be empowered to make any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersAssociation.

Appears in 1 contract

Samples: Master Agreement

Level Four. a. If the aggrieved person (or group of persons) Association is not satisfied with the disposition of the grievance alleging a violation of a term or condition of employment at Level Three, the Association may within ten (10) school days after receiving written notification of the decision by the Board or if no decision is rendered within the Board Committee, as the case may be, or forty-five (545) school days after the Committee has heard request for the grievancehearing, and if, in notify the opinion of the PR&R Committee, Board that the grievance is deemed meritoriousbeing submitted to arbitration. b. Within ten (10) school days after such written notice of submission to arbitration, then within thirty (30) calendar days of receipt of the Committee's decision Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or if no decision is rendered to obtain such a commitment within the aforesaid five (5) daysspecified period, then within thirty (30) calendar days after the expiration a request for a list of the five (5) days, the aggrieved arbitrators may submit the grievance be made to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances or the PERC by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the partieseither party. The parties will make every effort to present all evidence available to them at shall then be bound by the Level Three hearing. If after conclusion rules and procedure of the Level Three hearing but before commencement American Arbitration Association of PERC in the selection of an arbitrator. The arbitrator shall limit himself or herself to issues submitted to him or her and shall consider nothing else. He or she can add nothing to nor subtract anything from this Agreement. c. The arbitrator so selected shall confer with the representatives of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give Board and the Committee an opportunity to reconsider its Association and hold hearings promptly and shall issue his or her decision or re-open the hearing. The Committee will have not later than twenty (20) calendar school days from the date of the close of the hearings or, if oral hearings have been waived, then from the date of final statements and proofs on the issues are submitted to hear new evidence him or her. The arbitrator’s decision shall be in writing and re-consider its decision. During shall set forth his or her findings of fact, reasoning, and conclusions on the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar daysissues submitted. The arbitrator will not shall be empowered without power or authority to make any decision amending, modifying, adding to which requires the commission of an act prohibited by law or subtracting from which is clearly violative of the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will shall be submitted to the Board and the Association and shall be final and no appeal will lie there from except binding on both parties. d. The costs for the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right services of the Committee to seek arbiter, including per diem expenses, if any, and obtain injunctive reliefactual and necessary travel, declaratory relief or damages in subsistence expenses, and the courts for violation cost of this agreement or for unlawful activities on the part of hearing rooms shall be borne by the Association or its membersand the Board up to two incidents per year. Any other expenses incurred shall be paid by the party incurring same. e. Arbitration is to be scheduled after school hours.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. (a) If the aggrieved person (or group of persons) determines that the grievance is not satisfied with the disposition of the grievance at Level Three, or if no decision is rendered within five (5) days after the Committee has heard the grievance, and if, in the opinion of the PR&R Committeesatisfied, the grievance is deemed meritoriousmay be submitted to arbitration within fifteen (15) school days by the aggrieved person or GTSPA Committee if so requested. (b) Within ten (10) school days after such written notice of submission to arbitration, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered Board and the aggrieved person and/or the GTSPA Committee shall attempt to agree upon a mutually acceptable arbitrator and shall obtain such a commitment within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration specified period. A request for a list of the five (5) days, the aggrieved Arbitrators may submit the grievance be made to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the partieseither party. The parties will make every effort to present all evidence available to them at shall then be bound by the Level Three hearing. If after conclusion rules and procedures of the Level Three hearing but before commencement American Arbitration Association in the selection of an arbitrator. (c) The arbitrator so selected shall confer with the representative of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give Board and the aggrieved person and/or the GTSPA Committee an opportunity to reconsider its decision or re-open the hearingand hold hearings promptly and shall issue his decision. The Committee will have twenty (20) calendar days to hear new evidence arbitrator's decision shall be in writing and re-consider its decision. During shall set forth his findings of fact, reasoning and conclusions on the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar daysissues submitted. The arbitrator will not shall be empowered without power or authority to make any decision amending, modifying, adding to which requires the commission of an act prohibited by law or subtracting from which is in violation of the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will shall be submitted to the Board, the aggrieved person and the Association and shall be final and no appeal will lie there from except binding on the ground that parties. (d) The costs for the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right services of the Committee to seek arbitrator, including per diem expenses, if any, and obtain injunctive reliefactual and necessary travel, declaratory relief or damages in subsistence expenses and the courts for violation of this agreement or for unlawful activities on the part cost of the hearing room shall be borne equally by the Board and the Association or when mutually agreed upon to submit to arbitration. However, each party shall bear the expense of its membersown witnesses and counsel. If not mutually agreed upon the cost as defined above shall be borne by the moving party for the first five (5) grievances. After that, the expenses, as defined, would be equally shared.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. If the aggrieved person (or group of persons) Association is not satisfied with the disposition of the grievance at Level Three, Three or if no decision is has been rendered within five ten (510) working days after said meeting of the Committee, the Association and the aggrieved employee, the Association may, by giving written notice to the Committee within ten (10) working days after the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, the grievance is deemed meritorious, then within thirty (30) calendar days of receipt date of the Committee's decision in Level Three or within fifteen (15) working days after said meeting with the Committee if no decision is rendered within has been rendered, present the aforesaid five (5) days, then within thirty (30) calendar days after grievance for arbitration. In such case the expiration of following procedure will be followed: 1. The Committee and the five (5) days, the aggrieved may Association shall forthwith submit the grievance to binding arbitration the State Board of Conciliation and Arbitration, or to such other Arbitration Tribunal as may be mutually agreed upon, for disposition in accordance with the American applicable rules of said State Board of Conciliation and Arbitration Association under its Voluntary Labor or such other Arbitration Rules. All grievances by the Committee will Tribunal as may be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort to present all evidence available to them at the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar daysselected. 2. The arbitrator will selected shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue their decision not later than twenty• five (25) days from the date of the close of the hearings or, if oral hearings have been waived, from the date of submission to the arbitrator of the final statements and proofs. 3. The arbitrator's decision shall be empowered in writing and shall set forth their findings of fact, reasoning, and conclusion. The authority of the arbitrator shall be limited to the terms and provisions of this Agreement and the question or questions which are submitted. The arbitrator shall have only the power to interpret what the parties to this Agreement intended by the specific clause in the Agreement which is at issue. The arbitrator shall be without power or authority to make any decision amendingwhich requires the commission of an act prohibited by law, modifyingor which is violative of the terms of the Agreement. The arbitrator shall have no authority to establish wages or other compensation, adding nor to alter, modify or subtracting from change in any way the terms and provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. 4. The decision of the arbitrator will shall be final and no appeal will lie there from except on binding upon the ground that Committee, the decision was procured by fraud or that it violates Association, and the law, in which case appeals will be aggrieved employee. 5. The fee and expenses of the arbitrator and the expenses directly related to the Superior Court. Nothing in this contract will affect the right of arbitration hearing shall be shared equally by the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersAssociation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Level Four. a. If the aggrieved person (or group of persons) employee is not satisfied with the disposition of the grievance at Level Three, or if no decision is has been rendered within five (5) days after the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, the grievance is deemed meritorious, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration grievance was delivered to the Board of Education, and if the grievance arises out of the five (5) daysinterpretation of a specific article or section of this agreement, the aggrieved Association may submit the grievance to binding arbitration with 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 made to the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the partieseither party. The parties will make every effort to present all evidence available to them at shall be bound by the Level Three hearing. If after conclusion rules and procedures of the Level Three hearing but before commencement American Arbitration Association in the selection of an arbitrator. c. The Arbitrator so selected shall confer with the representatives of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give Board and the Committee an opportunity to reconsider its Association and hold hearings promptly and shall issue a decision or re-open the hearing. The Committee will have 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 hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar dayshim/her. The arbitrator will not Arbitrator’s decision shall be empowered in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make any decision amendingdecision, modifying, adding to which requires the commission of an act prohibited by law or subtracting from which is violative of the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in Arbitrator shall be submitted to the manner provided by statute. Such election will preclude any appeal by Board and the teacher to an arbitrator under this section. The decision of the arbitrator will Association and shall be final and no appeal will lie there from except binding on the ground that parties. d. The costs for the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right services of the Committee to seek Arbitrator, including per diem expenses, if any, and obtain injunctive reliefactual and necessary travel, declaratory relief or damages in subsistence expenses and the courts for violation of this agreement or for unlawful activities on the part cost of the Association or its membershearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. Arbitration (1). If the aggrieved person (or group of persons) is not satisfied with the disposition of the this grievance at Level Three, or if no decision is has been rendered within five forty (540) work days after the Committee has heard grievance was delivered to the grievanceBoard, and ifhe/she may, within ten (10) work days after the written decision by the Board or forty (40) work days after the grievance was delivered to the Board whichever is sooner, request in writing that the opinion of MBCTBC submit the PR&R Committee, grievance to arbitration. If the MBCBTC determines that the grievance is deemed meritorious, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved it may submit the grievance to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances within fifteen (15) work days after receipt of a request by the Committee will aggrieved person and the Board shall be initiated at Level Four. The expense of arbitration will be borne equally by the partiesso notified. (2). The parties will make every effort to present all evidence available to them at shall then be bound by the Level Three hearing. If after conclusion rules and procedures of the Level Three hearing but before commencement New Jersey State Board of Mediation or Public Employment Relations Commission in the selection of an arbitrator. (3). The Arbitrator so selected shall confer with the representatives of the hearing at Level FourBoard and the MBCBTC and hold hearings promptly and shall issue his/her decision normally not later than thirty (30) days from the date of the close of the hearings, any party becomes aware of new evidence in support of its positionor if oral hearings have been waived, such party will give then from the Committee an opportunity date the final statements and proofs on the issues are submitted to reconsider its decision or re-open the hearinghim/her. The Committee will have twenty (20arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issue(s) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar dayssubmitted. The arbitrator will not shall be empowered without power or authority to make any decision amending, modifying, adding to which requires the commission of an act prohibited by law or subtracting from which is violative of the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will shall be submitted to the Board and the MBCBTC and shall be final and no appeal will lie there from except binding on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will parties. The arbitrator shall be limited to the Superior Courtissue(s) submitted to him/her and shall consider nothing else. Nothing in this contract will affect He/she can add nothing to, nor subject anything from, the right Agreement between the parties. (4). The costs for the services of the Committee to seek arbitrator, including per diem expenses, and obtain injunctive reliefactual and necessary travel, declaratory relief or damages in subsistence expenses and the courts for violation of this agreement or for unlawful activities on the part cost of the Association or its membershearing room shall be borne equally by the Board and the MBCBTC. Any other expense incurred shall be paid by the party incurring same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. a. If the aggrieved person (or group of persons) is not satisfied with the disposition of the his grievance at Level Three, or if no decision is has been rendered within ten (10) school days after he has first met with the Board Committee, he may, within five (5) school days after a decision by the Committee Board or fifteen (15) school days after he has heard first met with the grievance, and if, in the opinion of the PR&R Board Committee, which ever is sooner, request the Association to submit his grievance is deemed meritoriousto arbitration. The Association may, then within thirty (30) calendar days of receipt of by written notice to the Committee's decision or if no decision is rendered within the aforesaid five (5) daysBoard, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may submit the grievance to binding arbitration with within fifteen (15) school days after receipt of the request by the aggrieved person. Grievances which do not arise from the language of this Agreement, or an alleged breach thereof, may be processed through Level Three, but will not be arbitrable. b. Within ten (10) school days after such written notice of submission to arbitration, the Board Committee and the Association will request a list of arbitrators from the American Arbitration Association. The parties will be bound by the rules and procedures of the American Arbitration Association under its Voluntary Labor Arbitration Rulesin the selection of an arbitrator. c. The arbitrator so selected will confer with representatives of the Board and the Association and hold hearings promptly and will issue his decision 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 are submitted to him. All grievances by the Committee The arbitrator’s decision will be initiated at Level Fourin writing and will set forth his findings of fact, reasoning and conclusions on the issues submitted. The expense arbitrator will be without power or authority to make any decision which requires the commission of arbitration any act prohibited by law or which is in violation of the terms of this Agreement. Arbitration of grievances arising from the language of this Agreement or an alleged breach thereof will be final and binding. d. The costs for the services of the arbitration, including per diem expenses of any, and actual and necessary travel and subsistence expenses, will be borne equally by the parties. The parties will make every effort to present all evidence available to them at Board and the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. The arbitrator will not be empowered to make any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersAssociation.

Appears in 1 contract

Samples: Master Agreement

Level Four. a. If the aggrieved person (or group of persons) is not satisfied with the disposition of the grievance at Level Three, or if no decision is has been rendered within ten (10) school days after the teacher has first met with the Board Committee, the teacher may, within five (5) school days after a decision by the Board or fifteen (15) school days after the Committee teacher has heard first met with the grievance, and if, in the opinion of the PR&R Board Committee, whichever is sooner, request the grievance is deemed meritorious, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may Association to submit the grievance to binding arbitration. The Association may, by written notice to the Board, submit the grievance to arbitration with within fifteen (15) school days after receipt of the request by the aggrieved person. Grievances which do not arise from the language of this Agreement, or an alleged breach thereof, may be processed through Level Three, but are not arbitrable. b. Within ten (10) school days after such written notice of submission to arbitration, the Board Committee and the Association will request a list of arbitrators from the American Arbitration Association. The parties will be bound by the rules and procedures of the American Arbitration Association under its Voluntary Labor Arbitration Rulesin the selection of an arbitrator. c. The selected arbitrator will confer with representatives of the Board and the Association and hold hearings promptly and will issue a decision 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 are submitted. All grievances by the Committee The arbitrator’s decision will be initiated at Level Fourin writing and will set forth findings of fact, reasoning, and conclusions on the issues submitted. The expense arbitrator will be without power or authority to make any decision which requires the commission of arbitration any act prohibited by law or which violate this Agreement. Arbitration of grievances arising from the language of this Agreement or an alleged breach will be final and binding. d. The costs for the services of the arbitration, including per diem expenses of any, and actual and necessary travel and subsistence expenses, will be borne equally by the parties. The parties will make every effort to present all evidence available to them at Board and the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. The arbitrator will not be empowered to make any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersAssociation.

Appears in 1 contract

Samples: Master Agreement

Level Four. Arbitration a. If the aggrieved person (or group of persons) is not satisfied with the disposition of the grievance at Level Three, the matter may be submitted to arbitration by notifying the President of the Association in writing requesting that the grievance be submitted to arbitration. b. The Association shall, within fifteen (15) days of receiving the Board’s written denial of the grievance, make a determination on the request and notify the Superintendent and the Board Chair regarding the Association's action as to whether or not to proceed to arbitration with the grievance. An election by the Association not to pursue arbitration shall be signed by the President of the Association and shall be binding on the parties. c. If arbitration is elected, and if no decision the Association subsequently withdraws from arbitration, the Board shall be held harmless from any claims and financial responsibility arising there from, unless legal fraud or collusion between the Board and the Association is rendered proved. It is further understood that the ESP Unit will bear the costs associated with the cancelled arbitration unless the parties agree otherwise as part of a written settlement agreement. d. The Chairperson of the Board and the President of the Association (or their designees) shall, within five ten (510) days after such written notice, jointly select a single arbitrator who is an impartial person of recognized competence. If the Committee has heard the grievance, and if, in the opinion of the PR&R Committee, the grievance is deemed meritorious, then within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered parties are unable to agree upon an arbitrator within the aforesaid five ten (5) days, then within thirty (30) calendar days after the expiration of the five (510) days, the aggrieved may submit the grievance to binding arbitration with the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by the Committee will shall immediately be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort called upon to present all evidence available to them at the Level Three hearing. If after conclusion of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. select one. e. The arbitrator will not be empowered shall render their decision in writing as per American Arbitration Association Guidelines to make any decision amendingall parties in interest, modifyingsetting forth the findings of fact, adding to or subtracting from reasoning, and conclusions on the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this sectionissues submitted. The decision of the arbitrator will shall be submitted to the Board and the Association and shall be final and no appeal will lie there from except binding on the ground that parties. The arbitrator shall have no authority to violate, add to, or delete, or otherwise modify the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right terms of the Committee Agreement. Nor shall the arbitrator have the authority to seek and obtain injunctive relief, declaratory relief or damages in issue a decision that is contrary to Maine and/or federal law. f. The costs for the courts for violation of this agreement or for unlawful activities on the part services of the Association or its membersarbitrator shall be borne equally by the Board and the ESP Unit.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. a. If by the aggrieved person end of the twenty (or group of persons20) is not satisfied with the disposition days next following presentation of the grievance at Level Three, or if no decision is rendered within five (5) days after in writing to the Committee has heard the grievance, and if, in the opinion of the PR&R School Committee, the grievance is deemed meritorious, then within thirty (30) calendar days shall not have been disposed of receipt to the satisfaction of the Committee's decision or if no decision is rendered within President and the aforesaid five (5) days, then within thirty (30) calendar days after the expiration Executive Board of the five (5) daysAssociation, and if the grievance shall involve the interpretation or application of the any provisions of this Contract, the aggrieved Association may submit move the grievance to binding arbitration by filing a written demand to arbitrate with the American Arbitration Association. This written demand to arbitrate must be filed with the American Arbitration Association under its Voluntary Labor Arbitration Ruleswithin twenty (20) days of receipt by the Association of the School Committee Level Three response to the grievance or within forty (40) days of the presentation to the School Committee if the School Committee does not respond. All grievances by matters involving the Committee arbitration of the grievance will be initiated at Level Fourconducted under the rules of the American Arbitration Association. b. The Arbitrator so selected will confer with representatives of the School Committee and the Executive Board of the Association and hold hearings promptly and will issue his or her decision not later than twenty (20) days from the date of the hearings or, if oral hearings have been waived, this from the date of the final statements and proofs having been submitted to him or her The Arbitrator's decision will be in writing and will set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The expense Arbitrator will be without power or authority to make any decision which requires the commission of arbitration an act prohibited by law or which violates the terms of this contract. The decision of the Arbitrator will be submitted to the School Committee and to the Association, and will be final and binding. c. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the partiesSchool Committee and the Association. The parties will make every effort to In no event shall any present all evidence available to them at the Level Three hearing. If after conclusion or future member of the Level Three hearing but before commencement of the hearing at Level Four, Committee have any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, personal obligation for any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. The arbitrator will not be empowered to make payment under any decision amending, modifying, adding to or subtracting from the provisions of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this section. The decision of the arbitrator will be final and no appeal will lie there from except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals will be to the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its members.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Level Four. 1. If the aggrieved person (or group of persons) grievant is not satisfied with the Superintendent’s disposition of the grievance their contractualgrievance at Level Three, or if no decision is rendered they may request in writing that the Association submit their grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within five fifteen (515) days after the Committee has heard receipt of a request by the grievance, and ifgrievant. However, in no event may the opinion appeal be initiated more than twenty (20) days after the Superintendent’s decision is mailed or personally delivered to the grievant. 2. Within ten (10) days after such written notice of the PR&R Committeesubmission to arbitration, the grievance Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the State Mediation and Conciliation Services by either party. Upon receipt of such a list, the Association shall strike the first name and the parties shall alternatively strike names thereafter, until only one name remains. Such person shall be deemed to be appointed as the arbitrator, provided they are available to serve upon a mutually agreeable date. If such arbitrator is deemed meritorious, then not available to serve within thirty (30) calendar days of receipt of the Committee's decision or if no decision is rendered within the aforesaid five (5) days, then within thirty (30) calendar days after the expiration of the five (5) days, the aggrieved may submit parties shall request a new list of arbitrators and repeat the grievance to binding arbitration with striking process. The arbitrator so selected shall be bound by the Voluntary Labor Arbitration Rules of the American Arbitration Association under its Voluntary Labor Arbitration Rules. All grievances by in the Committee will be initiated at Level Four. The expense of arbitration will be borne equally by the parties. The parties will make every effort to present all evidence available to them at the Level Three hearing. If after conclusion conduct of the Level Three hearing but before commencement of the hearing at Level Four, any party becomes aware of new evidence in support of its position, such party will give the Committee an opportunity to reconsider its decision or re-open the hearing. The Committee will have twenty (20) calendar days to hear new evidence and re-consider its decision. During the time that such new evidence is being considered by the Committee, any arbitration proceedings will be held in abeyance; provided, however, that in no event will the period of abeyance exceed twenty (20) calendar days. 3. The arbitrator will not so selected shall confer with the representatives of the Board and the Association, hold hearings promptly and shall issue their written decision. The arbitrator’s decision shall be empowered in writing and shall set forth their findings of the fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision amending, modifying, adding to which requires commission of an act prohibited by law or subtracting from which violates the provisions terms of this Agreement. The sole remedy available to any teacher for any alleged breach of this agreement or any alleged violation of their right hereunder will be pursuant to the grievance procedure, provided, however, that a teacher may elect in the case of suspension, dismissal or non-renewal of contract to appeal the decision of the Committee in the manner provided by statute. Such election will preclude any appeal by the teacher to an arbitrator under this sectioncollective bargaining agreement. The decision of the arbitrator will shall be submitted to the Board and the Association and shall be final and binding on all parties. 4. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this Agreement, and no appeal will lie there from except arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution date of this Agreement. Grievances initiated on a timely basis under the ground terms of the prior agreement shall be continued in accordance with the terms of that agreement and any grievance initiated on a timely basis prior to the decision was procured by fraud or that it violates the law, in which case appeals expiration of this Agreement will be to continued in accordance with the Superior Court. Nothing in this contract will affect the right of the Committee to seek and obtain injunctive relief, declaratory relief or damages in the courts for violation of this agreement or for unlawful activities on the part of the Association or its membersterms thereof.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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