Stage 3 - Arbitration Sample Clauses
The 'Stage 3 - Arbitration' clause establishes that disputes unresolved through earlier negotiation or mediation stages must be submitted to binding arbitration. In practice, this means that both parties agree to have an impartial arbitrator or panel review the dispute and issue a final, enforceable decision, often following specific procedural rules and timelines. This clause ensures that conflicts are resolved efficiently and privately, providing a clear alternative to litigation and reducing the risk of prolonged or public legal battles.
Stage 3 - Arbitration. (a) After such meeting, if the unit member and/or Association are not satisfied with the decision at Stage 3, and the Association determines that the grievance is meritorious, it may submit the grievance to arbitration by written notice to the Board of Education within fifteen (15) school days of the decision at Stage 3.
(b) Within five (5) school days after such written notice of submission to arbitration, the District and the RAP will agree upon a mutually agreeable arbitrator competent in the area of the grievance, and will 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 ten (10) days, a request for a list of arbitrators will be made to the Public Employment Relations Board in the selection of an arbitrator by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Board in the selection of an arbitrator.
(c) The selected arbitrator shall hear the matter promptly and will issue his or her decision not later than thirty (30) calendar days from the date of the close of the hearing, or if oral hearings have been waived, then from the date the final briefs are submitted to him or her. The arbitrator's decision will be in writing and will set forth his or her findings of fact, reasoning, and conclusions on the issues.
(d) The arbitrator shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which adds to, deletes from, or in any way changes, alters, or modifies the terms of this Agreement.
(e) The decision of the Arbitrator shall be final and binding upon all parties.
(f) The costs for the services of the arbitrator shall be borne equally by the District and RAP.
Stage 3 - Arbitration a. If unresolved at Stage 2, the Association may serve a copy of the written demand for arbitration to the District Clerk for the Board of Education within ten (10) work days of the Superintendent’s or designee’s written decision.
b. Within fifteen (15) work days or less after such written demand for arbitration, the Superintendent or designee and the Association will agree upon a mutually acceptable arbitrator, and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
c. The selected arbitrator will hear the matter promptly and will issue a decision. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning and conclusion on the issues.
d. The arbitrator shall have no 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.
e. The decision of the arbitrator shall be final and binding upon all parties.
f. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the District and the Association.
Stage 3 - Arbitration. If the Association is not satisfied with the decision at Stage 2, it may submit the grievance to arbitration to the extent permitted by Law, upon written notice to the Board of Education within fifteen (15) school days after the decision at Stage 2.
Stage 3 - Arbitration. If the grievance is not resolved, the Union may, within ten (10) working days of receipt of the response of the Employer or its designate (or, if no response was received, within ten (10) working days of the date by which the response was to have been given, submit the matter to arbitration, by serving on the Employer a written notice to that effect.
Stage 3 - Arbitration