Common use of Procedures for Arbitration of a Grievance Clause in Contracts

Procedures for Arbitration of a Grievance. 1. If the Board, the grievant, and the Association Grievance Committee shall be unable to resolve any grievance, and it shall involve an alleged violation, misinterpretation or misapplication of this agreement, the grievance may within ten (10) school days after the decision of the Board, be appealed. The Association may demand arbitration of the grievance by the American Arbitration Association in accordance with its rules. The decision of the Arbitrator shall be final and binding upon both parties. The expense and fees of the Arbitrator and the American Arbitration Association shall be borne by the loser of the Arbitration decision. R: 80, 10 2. Powers of the Arbitrator are subject to the following limitations: a. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this agreement. b. The Arbitrator shall have no power to establish salary scales or to change any salary. c. The Arbitrator shall have no power to change any practice, policy or rule of the Board nor substitute his/her judgment for that of the Board as to the reasonableness of any such practice, policy, or rule. d. The Arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of the management to decide. In rendering decisions, the Arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this agreement. e. The Arbitrator shall have no power to interpret state or federal law. f. The Arbitrator shall not hear any grievance previously barred from the scope of the grievance procedure. R: 80, 10 g. The Arbitrator shall not hear any grievance regarding a matter which has been identified as a prohibited subject of bargaining under Section 15 of the Michigan Public Employment Relations Act, MCL 423.215. After a case, on which the Arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent. If either party disputes the arbitration of any grievance under the terms of this agreement, the Arbitrator shall have no jurisdiction to hear the merits of the case until it has first determined the issue of arbitration. In the event that a case is appealed to the Arbitrator on which he/she has no power to rule it shall be referred back to the parties without decision or recommendation on its merits. More than one grievance may not be considered by the Arbitrator at the same time except upon expressed, written, mutual consent and then only if they are of similar nature. Where no monetary loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than forty five (45) days prior to the date on which the grievance is filed

Procedures for Arbitration of a Grievance. 1. If the Board, the grievant, and the Association Grievance Committee shall be unable to resolve any grievance, and it shall involve an alleged violation, misinterpretation or misapplication of this agreement, the grievance may within ten (10) school days after the decision of the Board, be appealed. The Association may demand arbitration of the grievance by the American Arbitration Association in accordance with its rules. The decision of the Arbitrator shall be final and binding upon both parties. The expense and fees of the Arbitrator and the American Arbitration Association shall be borne by the loser of the Arbitration decision. R: 80, 10. 2. Powers of the Arbitrator are subject to the following limitations: a. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this agreement. b. The Arbitrator shall have no power to establish salary scales or to change any salary. c. The Arbitrator shall have no power to change any practice, policy or rule of the Board nor substitute his/her judgment for that of the Board as to the reasonableness of any such practice, policy, or rule. d. The Arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of the management to decide. In rendering decisions, the Arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this agreement. e. The Arbitrator shall have no power to interpret state or federal law. f. The Arbitrator shall not hear any grievance previously barred from the scope of the grievance procedure. R: 80, 10. g. The Arbitrator shall not hear any grievance regarding a matter which has been identified as a prohibited subject of bargaining under Section 15 of the Michigan Public Employment Relations Act, MCL 423.215. After a case, on which the Arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent. If either party disputes the arbitration of any grievance under the terms of this agreement, the Arbitrator shall have no jurisdiction to hear the merits of the case until it has first determined the underlying issue of whether or not the matter is subject to arbitration. In the event that a case is appealed to the Arbitrator on which he/she has no power to rule it shall be referred back to the parties without decision or recommendation on its merits. More than one grievance may not be considered by the Arbitrator at the same time except upon expressed, written, mutual consent and then only if they are of similar nature. Where no monetary loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than forty five (45) days prior to the date on which the grievance is filed.

Procedures for Arbitration of a Grievance. 1. If the Board, the grievant, and the Association Grievance Committee shall be unable to resolve any grievance, and it shall involve an alleged violation, misinterpretation or misapplication of this agreement, the grievance may within ten (10) school days after the decision of the Board, be appealed. The Association may demand arbitration of the grievance by the American Arbitration Association in accordance with its rules. The decision of the Arbitrator shall be final and binding upon both parties. The expense and fees of the Arbitrator and the American Arbitration Association shall be borne by the loser of the Arbitration decision. R: 80, 10 2. Powers of the Arbitrator are subject to the following limitations: a. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this agreement. b. The Arbitrator shall have no power to establish salary scales or to change any salary. c. The Arbitrator shall have no power to change any practice, policy or rule of the Board nor substitute his/her judgment for that of the Board as to the reasonableness of any such practice, policy, or rule. d. The Arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of the management to decide. In rendering decisions, the Arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this agreement. e. The Arbitrator shall have no power to interpret state or federal law. f. The Arbitrator shall not hear any grievance previously barred from the scope of the grievance procedure. R: 80, 10 g. The Arbitrator shall not hear any grievance regarding a matter which has been identified as a prohibited subject of bargaining under Section 15 of the Michigan Public Employment Relations Act, MCL 423.215. 10 After a case, on which the Arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent. If either party disputes the arbitration of any grievance under the terms of this agreement, the Arbitrator shall have no jurisdiction to hear the merits of the case until it has first determined the issue of arbitration. In the event that a case is appealed to the Arbitrator on which he/she has no power to rule it shall be referred back to the parties without decision or recommendation on its merits. More than one grievance may not be considered by the Arbitrator at the same time except upon expressed, written, mutual consent and then only if they are of similar nature. Where no monetary loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than forty five (45) days prior to the date on which the grievance is filed