Level III – Arbitration. If the grievant is not satisfied with the results of Level II, the grievant shall, within five (5) workdays after the termination of Level II, file a written request to the Association to submit the grievance for arbitration. The Association shall, if it desires to proceed to arbitration, so advise the Superintendent in writing within fifteen (15) workdays after the termination of Level II.
Level III – Arbitration. 1. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no decision has been rendered within five (5) days after the grievance was scheduled to be heard by the State District Superintendent or Designee, he/she may, within five (5) school days after a decision by the State District Superintendent or Designee or fifteen (15) school days after the grievance was scheduled to be heard by the State District Superintendent or Designee, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of the request.
2. The parties agree that throughout the duration of this agreement, they will use the services of the Arbitrators available to the Paterson Education Association.
3. Upon submission of the notice for arbitration to the Director of Labor Relations, the District 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 to obtain a commitment to serve within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relation Commission by either party. The parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission.
4. The arbitrator so selected shall confer with the representatives of the District and the Association and hold hearings promptly and shall issue his/her 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 of the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings in 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 volatile of the terms of this Agreement. The decision of the arbitrator shall be submitted to the District and Association and shall be binding on the parties in all issues specifically pertaining to this Agreement. It shall be advisory on all other issues not covered by this Agreement.
5. The cost for the services of the arbitrator, i...
Level III – Arbitration. If the grievance is not resolved to the satisfaction of the grievant at Level II, the Union and the grievant may submit the grievance to arbitration. The Grievant shall notify the Board within thirty
Level III – Arbitration. If the grievant is not satisfied with the decision at Level II, he/she may within ten
Level III – Arbitration. In the event that the grievant is not satisfied with the decision at Level II, he/she may request to the District that the grievance be submitted to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Association agreeing to take the grievance to arbitration. If no agreement can be reached on a mutually acceptable arbitrator within ten (10) days after the written request is made, the Association shall request that the American Arbitration Association shall supply a listing of names pursuant to its Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this Step except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be binding on the grievant, the Association, and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:
1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement but shall determine only whether or not there has been a violation, misapplication, or misinterpretation of this Agreement as complained of by the grievant.
2. The arbitrator shall have no power to establish salary structures.
3. The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties and upon any post-hearing briefs of the parties.
4. The arbitrator shall have no power to substitute his/her judgment for that of the District as to the reasonableness of any practice, policy, rule or any action by the District unrelated to an alleged violation, misapplication, or misinterpretation of the express terms of this Agreement.
5. The standard of review for the arbitrator is whether the District acted in the manner which is a violation, misapplication, or misinterpretation of the express terms of this Agreement.
6. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this Grievance Procedure. All fees and expenses of the arbitrator shall be shared equally by the District and the Association. If the District claims that a grievance shall be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall, ...
Level III – Arbitration. 15.6.1 If the grievance is not resolved at Level II, the grievant shall, within seven (7) days of the Level II response, submit a request in writing to the Superintendent for arbitration of the dispute.
15.6.2 At any level prior to the arbitration level an effort will be made in resolving the grievance through a mediation process. The mediator will be obtained through the Alternative Dispute Resolution Committee of the San Mateo County Bar Association or from the State Conciliation Service. Any party to the dispute has the right to this service at any level of the grievance process, but a mediator must be utilized prior to going to arbitration. The mediation process will be conducted in conformance with the Alternative Dispute Resolution Committee procedures. The cost of mediation will be borne equally by the Association and the District.
15.6.3 When a grievance is submitted to binding arbitration, the Voluntary Labor Arbitration Rules will be followed.
Level III – Arbitration. 15.6.1 If the grievance is not resolved at Level II, the grievant shall, within seven (7) days of the Level II response, submit a request in writing to the Superintendent for arbitration of the dispute.
15.6.2 At any level prior to the arbitration level an effort will be made in resolving the grievance through a mediation process. The mediator will be obtained through the Alternative Dispute Resolution Committee of the San Mateo County Bar Association or from the State Conciliation Service. Any party to the dispute has the right to this service at any level of the grievance process, but a mediator must be utilized prior to going to arbitration. The mediation process will be conducted in conformance with the Alternative Dispute Resolution Committee procedures. The cost of mediation will be borne equally by the Association and the District.
15.6.3 When a grievance is submitted to binding arbitration, the Voluntary Labor Arbitration Rules will be followed.
15.6.4 The fees and expenses of arbitration shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them.
15.6.5 After the hearing and both parties have had an opportunity to make written arguments, the Arbitrator shall submit in writing to all parties the findings and recommendations within thirty (30) days. The arbitrator’s award shall be final and binding on both parties.
Level III – Arbitration. If the grievant is not satisfied with the decision at Level II, he/she may within ten (10) days appeal the decision by notifying the Superintendent and Association in writing. If the Association concurs with the appeal, it will notify the District in writing within ten (10) days of the grievant’s notice.
4.3.4.1 If the parties cannot agree upon an arbitrator, they shall request a list of seven arbitrators from the Public Employment Relations Board experienced in education labor relations issues. The parties shall alternately strike names from the list until only one name remains; that person shall arbitrate the dispute. The determination as to which party shall first strike a name from that list shall be decided by a flip of the coin.
4.3.4.2 If any questions arise as to the arbitrability of the grievance such questions shall be ruled upon by the arbitrator, but such determinations shall not include questions arising as to the power or jurisdiction of the arbitrator. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be final and binding upon parties. The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions which require the commission of an act prohibited by law or which is violative of the terms of this Agreement, or which falls within the jurisdiction of a state or federal agency which has preemptive authority to decide the issue in question or a grievance with a remedy sought in excess of $50,000.
Level III – Arbitration. If within a period of ten (10) days after receipt of the decision of the appropriate administrator, the grievant is not satisfied with the decision rendered at Level II, and wishes to appeal the grievance further, the Association may, after consultation with the grievant, submit on the appropriate District form to the superintendent, an appeal for Arbitration. It is expressly understood that the only matters which are subject to Arbitration are grievances as defined in Section 4.1.1 which were processed and handled in accordance with the limitations and procedures of this Article. Processing and discussing the merits of an alleged grievance by the District shall not constitute a waiver by the District of a defense that the dispute is not grievable.
Level III – Arbitration a. If the grievant is not satisfied with the suggestion for resolving the grievance received in Level II, the Association may, within five (5) workdays of receipt of such written response, notify the Board of its intent to proceed to arbitration.
b. The parties shall mutually agree to use the following three arbitrators:
X. Xxxxxx Xxxxxx
X. Xxxxxx Xxxxx
X. Xxxxx Xxxxxx Assignment of grievances shall be made on a continuous rotating basis among the three above mentioned arbitrators. In the event that an arbitrator is unable to remain on the list, the parties shall meet to mutually agree on a replacement.
c. With the exception of selection of the arbitrator, or any other contractual provision related to the arbitration hearing, the parties agree that the arbitration process shall adhere to the American Arbitration Association's rules.
d. The arbitrator shall hold such meetings as he/she determines necessary to make a fair and impartial ruling and issue his/her decision within forty-five (45) calendar days of the hearing.
e. The arbitrator shall have no power to alter, add to or subtract from the terms of this agreement.
f. The arbitrator has the authority to determine arbitrability if such an issue exists. The Board must raise the issue of arbitrability fifteen (15) workdays after receiving notice from the Association of its intent to proceed to arbitration. Such notice shall include a motion of supporting memorandum submitted to both the Association and the arbitrator. The Association shall have fifteen (15) workdays in which to file a response to the Board's memorandum to both the Board and the arbitrator. The arbitrator shall make a ruling on the arbitrability issue prior to hearing the grievance.
g. The arbitrator shall have the power to subpoena witnesses and documents.
h. No later than ten (10) workdays prior to the scheduled arbitration hearing a disclosure conference must be held between the representatives of the Board and the Association at which time all documents, exhibits, evidence, and names of witnesses and the nature of their testimony shall be disclosed. Failure to disclosure prior to the hearing shall result in the exclusion of said evidence, exhibit, or testimony at the arbitration hearing.
i. The ruling of the arbitrator shall be binding.
j. Arbitrator's expenses and fees shall be paid by the unsuccessful party in the arbitration proceeding. However, the arbitrator shall also have the authority to prorate the arbitration expenses and fees...
