Stage 4: Arbitration Clause Samples
The 'Stage 4 – Arbitration' clause establishes that disputes unresolved through earlier negotiation or mediation stages must be settled by arbitration. In practice, this means that both parties agree to submit their disagreement to a neutral third-party arbitrator, whose decision is typically binding and enforceable. This clause provides a structured, private, and often faster alternative to litigation, ensuring that conflicts are resolved efficiently and with finality, thereby reducing prolonged uncertainty and legal costs.
Stage 4: Arbitration a. A grievance, which is not resolved at Stage 3, may be submitted by the Association to an arbitrator for decision. Notice of Demand for Arbitration shall be filed with the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District within ten (10) days after receipt of the decision of the Superintendent or, where no decision has been issued as provided herein, three (3) days following the expiration of the time limits specified.
b. Upon receipt of a list provided by the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District, the parties will attempt to mutually designate an arbitrator, and will obtain a commitment from said arbitrator to serve. In the event that the parties cannot agree on an arbitrator from the first list submitted by the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District, the parties shall follow the procedure set forth by the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District for the designation of the arbitrator.
c. If the parties mutually agree, an effort may be made to select an arbitrator other than from the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District under circumstances where complex educational issues are involved and where technical professional compliance in education seems to both parties essential to a resolution of the dispute.
d. The selected arbitrator shall hear the matter promptly and issue a decision in accordance with the rules of the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District. The arbitrator’s decision shall be in writing and set forth findings of fact, opinion and conclusions on the issue(s) submitted. The arbitrator shall limit the decision strictly to the application and interpretation of the provisions of this Agreement, be limited to the issues or issues submitted for arbitration, and shall be without power or authority to make any decision:
(1) contrary to, inconsistent with, or modifying or varying in any way the terms of this Agreement or applicable law or rules and regulations having the force and effect of law;
(2) involving Board discretion or Board policy under the provision of this Agreement, under Boa...
Stage 4: Arbitration a. After such hearing, if the teacher is not satisfied with the decision at Stage 3, and the Grievance Committee determines that the grievance is meritorious and that appealing it is in the best interests of the aggrieved party, it may submit the grievance to arbitration by written notice to the Board of Education within ten (10) working days of the decision at Stage 3.
b. Within five (5) working days after such written notice of submission to arbitration, the School District and the Grievance Committee 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.
c. The selected arbitrator will hear the matter promptly and will issue his/her 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 him/her. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions of the issues.
d. The decision of the arbitrator, which shall be rendered to the Board of Education, the aggrieved party and the Grievance Committee, shall be binding on both parties.
e. The arbitrator’s decision shall be confined to an interpretation of the Negotiated Agreement. The arbitrator has no power to add to, detract from or change in any way the provisions of this Agreement.
f. Should the decision of the arbitrator so shock the sensibilities of either party and be based on irrelevant matters rather than relevant issues, the decision shall be reviewable through the courts.
g. 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: Arbitration. In the event the Association's Executive Committee is not satisfied with the decision rendered at Stage 3, the Committee may submit the alleged grievance to arbitration by notifying the Board of Education in writing within ten (10) days after receipt of the decision at Stage 3.
Stage 4: Arbitration. If the grievance is not satisfactorily resolved at Stage 3, and the union considers the grievance meritorious, the union may submit the grievance to arbitration by written notice to the Superintendent of Schools within ten (10) working days of the receipt of decision at Stage 3. Within ten (10) working days after such notice, the Superintendent or his/her representative may confer with the union representative to see if they can agree on a mutually acceptable arbitrator. If no such agreement can be reached, or if the parties waive such conference, the American Arbitration Association or Public Employers Relations Board (PERB) will be asked to administer the arbitration proceeding in accordance with its rules and procedures and the parties agree to be bound by said Rules of Voluntary Labor Arbitration. The arbitrator shall render his/her written decision not later than thirty (30) days from when the hearing is declared closed. The arbitrator shall have no power or authority to make any decision or award requiring the commission of an act prohibited by law or which is volatile of the terms of this agreement. The arbitrator will similarly be without authority to add to or detract from the terms of the agreement. The District and the Union will share the arbitrator’s fees and expenses equally. The decision of the arbitrator shall be final and binding.
Stage 4: Arbitration. After such hearing, if the bargaining unit member and/or the Association are not satisfied w ith the decision at Stage 3, and the Association determines that the grievance is meritorious and that appealing it is in the best interest of the school system, it may submit the grievance to arbitration by written notice to the Board within ten (XO) school days o f the decision at Stage 3.
Stage 4: Arbitration a. If the Union is not satisfied with the Stage 3 decision, it may, within fifteen (15) workdays of receipt of said decision, submit the dispute to arbitration. Only the Union may submit the case to arbitration. If the issue involved in the arbitration has been submitted to any other forum, it may not be submitted to arbitration.
b. 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 or which adds to, subtracts from, modifies, changes or alters any provision(s) of this Agreement. The decision of the arbitrator shall be final and binding upon all parties. The arbitrator's decision shall be based solely on the terms and conditions of employment contained within this Agreement
c. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the District and the Union.
d. Both parties agree to attempt to keep costs at a minimum. Therefore, the parties will meet (without the arbitrator) and attempt to frame the question and reach agreement on any stipulations and exhibits prior to the arbitration.
e. The arbitration will be held in accordance with the American Arbitration Association Voluntary Arbitration Rules.
f. The arbitrator's decision shall be rendered within thirty (30) days of the close of the hearing.