Common use of Level III – Arbitration Clause in Contracts

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, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the District and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level III – Arbitration. 1. a. 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 thirty (530) work days after the grievance was scheduled to be heard by the State District Superintendent or Designeeheard, he/she may, may within five (5) school work days after a decision by the State District Superintendent decision, or Designee or fifteen thirty (1530) school work days after the grievance was scheduled delivered to be heard by the State District Superintendent or Designee, district whichever is sooner, request in writing that the Association submit his/her the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen ten (1510) school work days after the receipt of request. b. The Association agrees to participate with the requestPEA and the District in the designation of a panel of three arbitrators from the Public Employment Relations Commission (PERC) who have been selected to serve the district during the term of the agreement. 1. The selected arbitrators shall serve the district on a rotating monthly basis for the term of their appointment. 2. The appropriate arbitrator will meet with the parties agree that throughout on the duration next-to-last working day of this agreement, they will use the services of the Arbitrators available to the Paterson Education Associationeach month. 3. Upon submission Grievances will be heard by the arbitrator in the month following their presentation at Level II of this procedure, or if no hearing is granted in the notice for arbitration to the Director of Labor Relationsimmediate case, the District and month following 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 Commissiongrievance's filing at Level II. 4. Either party may cancel the arbitration date for that month if no grievances are scheduled to be heard. The arbitrator so selected shall confer with the representatives parties agree that should a scheduled arbitration session be canceled within five (5) school days of the scheduled hearing, the party requesting the cancellation shall be solely responsible for the arbitrator’s fee for one day. Arbitrators’ fees outside of this time frame shall be divided between the parties as provided for in other sections of this Article. The Association shall be entitled to have present for these hearings its President and one other school system designee with no loss of pay or leave days. In addition, the District agrees to permit grievants and those staff members as may be requested by the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days for the purpose of providing testimony to be excused from their assignments during the date of time that they are required to notify 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 District to himneeded witnesses. The arbitrator's decision shall be in writing District will notify the employee 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 Agreementtheir supervisors. 5. Payment to Panel Arbitrators shall be made as follows: One day of hearings, regardless of whether the arbitration date is held and regardless of the number of cases presented on that day. One day of study for each case heard on the day of the hearings. The cost costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the District and the Administrators Association. Any other expenses incurred shall be paid by the party incurring same. If the arbitrator is hearing cases from more than one bargaining unit, payment shall be prorated to the Directors Association according to the number of cases which its members are having heard on any given day.

Level III – Arbitration. 1. A. If the aggrieved person grievant is not satisfied with the disposition decision of his/her grievance at Level IIthe Superintendent, or if no decision has been is rendered by the Superintendent within five (5) days after of the grievance was scheduled to be heard by Level III meeting, the State District Superintendent or Designeegrievant, 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, may request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit appeal the grievance to arbitration within fifteen Arbitration. Within ten (1510) school days after receipt of the requestSuperintendent’s decision or the date the decision was due, the Association by written notice to the treasurer shall have the right to appeal the dispute to an impartial arbitrator. The appeal for arbitration of the grievance shall be in accordance with the rules of the American Arbitration Association. 2B. The parties will be bound by the voluntary Labor Arbitration rules of the American Arbitration Association, but the Board, the Association, and the grievant or the grievance representative shall not be permitted to assert any ground in arbitration if such ground was not disclosed to the other party prior to the appeal to the arbitrator, or to introduce any evidence known but not disclosed prior to the appeal to the arbitrator. The parties agree arbitration hearing shall be continued upon request of either party if during the hearing either party asserts any ground that throughout was not disclosed to the duration other party prior to the appeal to the arbitrator. C. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any terms of this agreement, they will use the services of the Arbitrators available nor shall he/she make any decision contrary to the Paterson Education Associationlaw. 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. D. The arbitrator so selected shall confer with the representatives of the District and the Association and hold hearings promptly and shall issue send his/her written 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 award to the District aggrieved party, the superintendent and Association the Board of Education, and the decision 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.parties 5. E. The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence ’s expenses and the cost of the hearing room shall be borne by the losing party. The arbitrator shall determine which party is the loser as part of his opinion and award. If the arbitrator determines to split the award, the arbitrator’s expenses shall be shared equally by the District and the Association. Any other expenses incurred parties. F. Arbitration shall be paid by the party incurring samesole and exclusive method for resolving contract violations.