Stage 4. If the grievor is not satisfied with the decision of the Chair or designee or if a decision is not received within the specified time limits, the grievor may apply to the Crown Employees Grievance Settlement Board for a hearing of the grievance within five (5) days of the date he/she received the decision or within five (5) days of the expiration of the specified time limit for receiving a decision.
Stage 4. Dismissal
Stage 4. If the Federation is not satisfied with the disposition at Stage 3, the Federation may submit a written appeal to the President of the Board of School Trustees within ten (10) working days of the receipt of the written disposition by the Superintendent or his/her authorized representative, or in the event the Superintendent or his/her authorized representative fails to issue a written disposition within the time limit, within thirty (30) working days of the appeal of the grievance to Stage 3. Upon written request to the President of the Board of School Trustees the Federation shall be entitled to a meeting with the Board to discuss the grievance prior to the Board’s final decision. The Board of School Trustees will review the grievance, make its decision, and notify the Federation at the earliest opportunity. The decision of the Board shall be final.
Stage 4. Arbitration
a) After such hearing, 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 and appealing it is in the best interest of the school system, 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 fifteen (15) school days or less after such written notice of submission to arbitration, the Board of Education and the Association will agree upon a mutually acceptable 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 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 their decision not later than fourteen (14) calendar days from the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to them. The arbitrator’s decision will be in writing and will set forth their findings of fact, reasoning and conclusions on the issues.
d) The arbitrator shall have no power or authority to make any decisions which require 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 Board of Education and the Association.
Stage 4. Contract Performance Management
Stage 4. If the decision at Stage 3 does not resolve the grievance, the Union may, within ten (10) working days of the receipt of the decision, submit the matter to binding arbitration. The Union shall notify the Staff Relations Officer, in writing of such action.
Stage 4. If the grievance is still unresolved the aggrieved party may within fifteen (15) school days after receiving the statement of decision refer the grievance to binding arbitration by requesting that the American Arbitration Association propose the names of seven (7) arbitrators. A copy of such request shall be forwarded to the School Administrator or aggrieved party.
a. Upon receipt of the names of the proposed arbitrators, a designee, of the Superintendent of Schools and the organization shall strike names from the list until one ultimately is designated as the arbitrator.
b. The arbitrator's decision will be in writing and will set forth his/her findings, reasonings and conclusions on the issues submitted. The arbitrator will 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 binding. The arbitrator shall have no power to alter, add to, or detract from the provisions of the agreement.
c. The cost for the services of the arbitrator will be borne equally by the school board and the organization.
d. The election to submit a grievance to arbitration shall automatically be a waiver of all other remedies or forums which otherwise could be available.
e. The arbitrator's award shall not be contrary to any applicable provision of law, Regulation of the Commissioner of Education having the force and effect of law, Rule of the Board of Regents having the force and effect of law and/or any other applicable Rule having the force and effect of law.
f. No arbitrator shall decide more than one grievance on the same hearing or series of hearings except by mutual agreement between the parties.
g. The arbitrator's remedy shall extend only to the employee or group of employees who are a party to the grievance.
Stage 4. If the issue is not resolved within a further reasonable timeframe, either party may refer the matter to the Fair Work Commission for conciliation in the first instance or arbitration where conciliation fails by either party in which case the parties shall be bound by any recommendation or decision of FWC, subject to any right of appeal under the Act.
Stage 4. Arbitration
a) After such decision at Stage 3, the Association may submit a written Notice of Intention to Arbitrate the grievance to District within fifteen (15) working days of the Stage 3 decision.
b) Within five school days after such written notice, the Board and the Association or teacher will agree upon a mutually acceptable arbitrator. If the parties are unable to agree, a request for appointment may be made to the American Arbitration Association (A.A.A.) by either party.
c) Within 5 school days of after submission of the Notice of Intention to Arbitrate the Association and the District will attempt to mutually select an arbitrator. In event agreement cannot be reached, an Arbitrator will be retained by filing with the American Arbitration Association (“AAA”) in accordance with its rules of procedure. In either circumstance, the hearing will be conducted in accordance with AAA rules.
d) The arbitrator shall have no power or authority to offer any recommendation which is prohibited by law or which is volatile of the terms of this Agreement.
e) A decision of the arbitrator shall be accepted as final and binding by all parties to the arbitration.
f) Cost of the arbitration and arbitrator shall be borne equally by the Board and the Association or by the Board and the aggrieved party if that person was not represented by the Association.
Stage 4. Arbitration - If a satisfactory conclusion is not reached at Stage 3 within ten (10) working days, each party shall appoint a member to an Arbitration Board and shall notify the other party of the name and address of its appointee. The two (2) members shall select and appoint a Chairperson. In the event that the appointees are unable to agree on a Chairperson with ten (10) working days then either party may apply to the Labour Relations Board for the appointment of the Chairperson.
(1) The Arbitration Board shall hear the parties and render an award within fifteen (15) days from the time the Chairperson is appointed and shall commence its proceedings within forty-eight (48) hours after the Chairperson is appointed.
(2) The award of the Arbitration Board shall be final and binding upon the parties.
(3) Should the parties disagree as to the meaning of the award, either party may apply to the Chairperson to reconvene the Board to clarify the award, which it shall be within forty-eight (48) hours.
