Level Three - Arbitration Sample Clauses
Level Three - Arbitration. If the Association is not satisfied with the College’s resolution of a grievance at LEVEL TWO and the grievance is based upon the interpretation or application of an express provision of this Agreement, Board Policies, or Procedure Memorandums, the Association may demand arbitration of the grievance on behalf of an employee or on behalf of the Association. Unless otherwise agreed between the parties in writing, the Association shall demand arbitration under this Article by serving a written demand for arbitration on the College’s President within ten
Level Three - Arbitration. The Grievant shall have a right of arbitration (in the manner hereafter described) for any grievance which arises under the terms of this Agreement and which is not resolved or dropped at a prior level. The arbitration procedure shall be as follows:
Level Three - Arbitration a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the decision is rendered or within ten (10) days after the meeting with the Superintendent, request in writing to the Association that his/her grievance be submitted to arbitration.
b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides that the alleged grievance has merit and that the decision at Level Two is not acceptable, it shall, within twelve (12) days after receipt of the Level Two decision, submit the grievance to arbitration by so notifying the Board in writing. If the Association decides, either that the alleged grievance lacks merit or that the decision at Level Two is in the best interest of the school system and the employee, it shall send written notification within five (5) days of reaching its judgment to the employee.
c. Within five (5) days after the written notice is received by the Board, the Board and the Association shall select jointly an arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree on an arbitrator within five (5) days, the American Arbitration Association shall be called upon immediately to select an arbitrator.
d. The arbitrator shall confer promptly with representatives of the Board and of the Association, shall review the records of the prior meetings, and shall hold such further hearings as he/she deems necessary. His/her recommendations will be issued within a reasonable time after the close of the last hearing or, if oral hearing has been waived, within a reasonable time after final statements and evidence have been submitted to him/her.
e. The arbitrator’s recommendations shall be submitted in writing to the Board, with a copy to the Association, and shall set forth his/her findings, reasoning and conclusions on the issues submitted. The arbitrator’s recommendations shall be consistent with existing statutes.
f. The Board shall take official action on the report of the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concerned.
g. All costs and expenses from the services of the arbitrator shall be shared equally by the Board and the Association.
Level Three - Arbitration a. The Association, which has a duty of fair representation to unit members, may submit a qualified grievance to arbitration by notifying the Superintendent within twenty (20) days of the Level Two decision. A dispute qualifies for arbitration if it is a contract grievance. A contract grievance is one which pertains to any dispute about the interpretation or application of the collective bargaining agreement between the parties. In addition, matters covered by the "just cause" clause shall be arbitrable.
b. Within ten (10) days after such a written notice of submission to arbitration, the Superintendent and Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties cannot reach agreement on an arbitrator or obtain such a commitment within the ten (10) day period, as they have in the past, they shall submit the selection of the arbitrator to AAA and be bound by the rules of that agency.
c. The arbitrator so selected shall hold hearings promptly and shall issue his/her decision not later than thirty (30) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date that the final statements and briefs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her finding of fact, reasonings, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.
d. Costs for the services of an arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring them.
Level Three - Arbitration. (a) If the administrator is not satisfied with the disposition of his/her grievance at Level Two, he/she may, if the grievance concerns a specific grievance, request, in writing, to the President of the Association that his/her grievance be submitted to binding arbitration or if the grievance concerns a general grievance, to advisory arbitration.
(b) The Association may, within ten (10) days after receipt of such request, submit the grievance to binding arbitration, as the case may be, by so notifying the Board in writing and by filing demand for arbitration to the American Arbitration Association.
(c) The arbitrator shall hear and decide only one grievance in each case. He/she shall be bound by and must comply with all the terms of this Agreement. He/she shall have no power to add to, delete from, or modify in any way the provisions of this Agreement.
(d) The arbitrator shall, within 60 days after the hearing, render his/her decision in writing to all parties in interest, setting forth his/her findings of facts, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be final and binding on both parties.
(e) Grievances which do not involve a violation, misapplication or misrepresentation of a specific provision of this Agreement shall be arbitrable in accordance with the procedure set forth in (a) through (d) above but any such arbitration award shall be advisory only.
(f) The costs for the services of the arbitrator shall be borne equally by the Board and the Association. The cost of advisory arbitration shall be borne by the association only.
Level Three - Arbitration a. Within ten (10) days of the decision at Level Two or if no written decision has been rendered within the required time, the aggrieved party may request to the Association that the decision rendered under Level Two may be submitted to arbitration. If the Association so determines, it may submit the contractual grievance to arbitration within five (5) days of receipt of the request from the aggrieved party. The District shall receive written notice of such submission.
b. When a timely request has been made for arbitration, the parties or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall within ten (10) school days of the appeal, jointly request the American Arbitration Association to submit a list of seven (7) arbitrators. Within ten (10) school days after the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list and the seventh (7th) and remaining person shall act as the arbitrator. The striking shall be completed within twelve (12) school days following receipt of the list. The conduct of the actual hearing shall be according to AAA rules unless otherwise agreed to by the parties.
c. The arbitrator shall interpret the Agreement and determine if it has been violated. The arbitrator shall have no power to add to, subtract from, or to modify the terms of this Agreement. The arbitrator’s decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions in the issues submitted. Their decision shall be submitted to the Board and to the Association and shall within the scope of their authority be final and binding on both parties.
d. Costs of arbitration, other than the costs incurred by each party in presenting its case, shall be borne equally by the parties.
e. 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 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 of this Agreement.
f. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes and election of remedies and a waiver of any and all rights by the appealing party, the l...
Level Three - Arbitration a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten
Level Three - Arbitration a. If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, the employee may, within 20 working days after the decision by the President, request in writing that the Federation submit the grievance to arbitration. If the Federation determines that the grievance is meritorious, it may submit the grievance to arbitration within 20 working days after receipt of the decision rendered at Level Two.
b. Within ten (10) working days after such written notice of submission of arbitration, the Board and the Federation 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 American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
c. Decisions of the Arbitrator with respect to grievances based on alleged misapplications, misinterpretations, or violations of contract provisions dealing with professional responsibilities and work assignments shall be advisory.
d. Decisions of the Arbitrator with respect to all other grievances (exclusive of D-3c and D-4c above) shall be binding.
Level Three - Arbitration a. If the Association is not satisfied with the disposition of a grievance at Level Two, or if no decision has been rendered within ten (10) school days after the close of the conference at Level Two, the Association may within ten (10) school days after receipt of the written decision by the superintendent, or twenty (20) school days after the grievance was delivered to the superintendent, whichever is sooner, request in writing binding arbitration under Act 195. No grievance may be appealed to arbitration unless the parties have met to discuss the grievance at Level Two.
b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request may be made to the Pennsylvania Bureau of Mediation for a panel of seven (7) arbitrators, each of whom must be a member of the National Academy of Arbitrators. The Association and then the Board shall alternately strike three (3) names each and the remaining person shall be the arbitrator.
c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision not later than thirty (30) 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 him. The arbitrator’s decision shall be in writing and may set forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.
d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses, including those of a court reporter, shall be paid by the party incurring/requesting same.
Level Three - Arbitration a. If the aggrieved teacher is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten