Level Six. The Union may, within ten (10) working days after the final mediation session, notify the Superintendent of its intent to submit the grievance to arbitration. The Union and the Superintendent shall jointly request that the Federal Mediation and Conciliation Service submit a list of nine (9) arbitrators to both parties. Should either party refuse to comply with this section, the other party would have the right to proceed unilaterally to request the list. Within five (5) working days of the receipt of such list, the Union President or Representative and the Superintendent or designee shall select an arbitrator by alternately striking a name from the list until only one name remains. The striking of the first name shall be determined by the toss of a coin.
Level Six. If the decision of the bargaining teams is not satisfactory to the Association, the grievance may be submitted to arbitration before an impartial arbitrator selected by the parties. If the parties cannot agree as to the arbitrator within ten (10) days, he/she shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. The arbitrator shall have no power to alter, add to, or subtract from, the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Level Six. The Association may appeal the decision of the Board to arbitration within ten (10) working days of the Board's response.
a. The parties agree to be bound by the Rules of Arbitration of the Public Employee Relations Commission.
b. The selected arbitrator shall hold a hearing and issue his/her decision not later than thirty (30) days from the close of the hearing or from the date of the last submitted written brief, if any.
c. The arbitrator shall limit himself/herself to the issues submitted by the parties and shall consider nothing else. The arbitrator shall be without power to add to or subtract from the Agreement.
d. The decision of the arbitrator shall be in writing and set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on the parties.
e. The arbitrator's fee shall be shared equally by the Board and the Association.
Level Six. If at the end of the fifteen (15) regular business days next following such meeting, the grievance shall not have been disposed of to the satisfaction of the Professional Rights and Responsibilities Committee of the Association, and if the grievance shall involve the interpretation or application of any provision of this Contract, the Association may, after having consulted with the School Committee Chairperson or designee, and within fifteen (15) regular business days next following the conclusion of the above mentioned period of fifteen (15) regular business days, submit the grievance to the American Arbitration Association in accordance with the applicable rules of the American Arbitration Association. Written notice of the advancement of the grievance shall be forwarded to the School Committee at the same time it is forwarded to the MTA. All expenses for arbitration shall be shared equally by the School Committee and the Association. Additional provisions relating to grievances:
Level Six a. Within five (5) days of the establishment of unfavorable decisions or lack of actions stipulated in Level Five, the Association may submit a letter to the Board requesting that the employee's petition be placed for arbitration. Within ten
Level Six. 11.3.6.1 If the grievance is not settled in Level 5, the Association may appeal to the Board of Trustees. Such appeal shall be in writing and shall include a copy of the original grievance and all answers submitted in the prior steps of the grievance procedure. The appeal must be submitted to the Board of Trustees within five (5) days after the arbitrator has given their Level 5 answer. Subject to timely inclusion on the agenda, the Board of Trustees shall respond in writing within five (5) days after the first regularly scheduled board meeting following the appeal.
Level Six a. The arbitrator's finding will be submitted to the Trustees of the Board of Education who will reject or implement the advisory decision. Formal Board action will be taken at a regularly scheduled Board meeting within six (6) weeks of receiving the arbitrator’s finding.
b. The grievant and/or Association Representative(s) may testify at the Board hearing if it chooses.
Level Six. Binding Arbitration
12.2.6.1 If the grievant is not satisfied with the disposition at the Level Five, or if no decision has been rendered within ten (10) days, the association, acting as representative of the grievant, may submit the grievance to arbitration. In such case, the parties shall request a list of arbitrators from State Mediation and Conciliation Service. Rules and regulations of the American Arbitrators Association shall be followed.
12.2.6.2 No party in interest shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. The arbitrator shall consider only those issues raised by the parties in interest. The arbitrator is empowered to include in any award such financial reimbursements or other remedies as judged to be proper.
12.2.6.3 All costs for the services of the arbitrator shall be shared equally.
12.2.6.4 An arbitrator shall be selected by the following procedures: A representative of the grievant and a representative of the Board shall select from the State Mediation and Conciliation Service list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of list from the State Mediation and Conciliation Service by both parties. All grievances reaching the arbitration level shall be numbered. The odd- numbered grievance will give the Board first elimination; even-numbered grievances will give the other party first elimination.
12.2.6.5 Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to days that the District Office is open.
12.2.6.6 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure.
12.2.6.7 Witnesses will be assured that their testimony will be kept confidential unless they choose to make it public.
12.2.6.8 Within thirty (30) days after conclusion of the hearing, the arbitrator shall render an award in writing to the parties in interest; such award shall be binding on all parties in interest.
Level Six. If the aggrieved person is not satisfied with the disposition of his grievance at Level Five, the Association may, within five (5) school days after such disposition, notify the Board through the Superintendent of its intention to arbitrate the grievance. Within ten (10) school days of such written notice to the Superintendent, the Association may file a demand for arbitration with the Public Employment Relations Commission which shall be processed under PERC’s Voluntary Labor Arbitration Rules. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He can add nothing to nor subtract anything from the Agreement between the parties or any policy of the Board of Education. As to those grievances which involve decision of the meaning or interpretation of the language of this Agreement, the arbitrator's decision shall be final and binding on the parties. As to all other grievances covered by this Article, the arbitrator's decision shall be advisory only. Each party will bear the total cost incurred by themselves. The fees and expenses of the arbitrator are the only costs which will be shared by the two parties and such costs shall be shared equally.
Level Six. If the grievance is not resolved at Level Five, either party may pursue the grievance of the next appropriate authority as provided in Article IV (A) of this contract.
