Common use of Stage 4 – Arbitration Clause in Contracts

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. a. After such hearing, if If the teacher Association is not satisfied with the decision at Stage 3, and the Grievance Committee Association determines that the grievance is meritorious and that appealing it is in the best interests of the aggrieved partymeritorious, it may submit the grievance to arbitration by written notice to the Board of Education within ten (10) working days of District not later than the fifteenth school day after the Board’s decision at Stage 3. b. Within five (5) working days after such written notice of submission to arbitration, the School . The District and the Grievance Committee Association will then agree upon a mutually acceptable arbitrator competent in the area of the grievance, grievance and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or do this within ten (10) school days, the Association will refer the grievance to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to arbitration by requesting that the American Arbitration Association or another mutually agreed upon agency provide a list of twenty (20) names of arbitrators. Within ten (10) school days of the date on which it receives its copy of the list, each party will return its copy to the agreed upon agency with all names which are unacceptable to it crossed off and remaining names numbered in order of the party’s preference. If the mutually agreed upon agency determines that no mutually acceptable arbitrator has been selected by either partythe parties, the agency shall send to each party a second list of twenty (20) names and the foregoing procedure will be followed with respect to that list. If the mutually agreed upon agency determines that no mutually accepted arbitrator has been selected by the parties from the second list, the agency will name the arbitrator. The parties will then arbitration proceedings shall be bound governed by the rules and procedures Voluntary Labor Arbitration Rules of the American Arbitration Association. c. The selected arbitrator will hear , to the matter promptly and will issue his/her decision extent that such rules do not later than fourteen (14) calendar days from conflict with the date provisions 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/herthis Agreement. The arbitrator’s decision will be in writing and will set forth his/her findings of factfindings, reasoning 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 issues. d. terms of the Agreement. The decision of the arbitrator, which shall be rendered to the Board of Education, the aggrieved party and the Grievance Committee, arbitrator shall be binding on both parties. e. The arbitrator’s decision shall be confined to an interpretation of the Negotiated Agreement. The arbitrator has shall have no power to alter, add to, to or detract from or change in any way the provisions of this the 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, arbitrator will be borne equally by the Board of Education District and the Association.

Stage 4 – Arbitration. a. After such hearing, if (a) If the teacher Aggrieved Party is not satisfied with the decision at Stage 3, or if no decision has been rendered within ten (10) days after the meeting with the Board, the Aggrieved Party may request that the PPRR Committee submit the grievance to Arbitration. If such a request is made, it must be made in writing. (b) Within five (5) days of receipt of such written request and within ten (10) days of receipt of the Grievance Committee written decision at Stage 3, if the Executive Board of the Association determines that the grievance is meritorious and that appealing it Arbitration is in the best interests interest of the aggrieved partyDistrict, it may submit the grievance to arbitration by written notice PPRR Committee shall transmit 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 AAA Syracuse Regional Office and the Grievance Committee will agree upon Board a mutually acceptable arbitrator competent demand for Arbitration (Form #7) under and in accordance with the area rules 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 subject, however, to the conditions set forth in subsequent provision of this Article. (c) The list of Arbitrators to be furnished by either partythe AAA shall be comprised only of upstate persons. (d) The decision of the Arbitrator shall be final and binding. The parties will then Board, however, shall not 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 expensesrecommendations, if any, will of the Arbitrator on how such decision is to be implemented. (e) Each of the parties shall be responsible for its costs incident to participation by its representatives, its investigation of facts, preparation of its exhibits, briefs, if desired, help of outside experts, its witnesses, its filing fee and any hearing notes or stenographic record desired or ordered by it. (f) The charges of the Arbitrator, including fees and travel, hotel and incidental costs, shall be borne equally by the Board of Education District and the Association. A. Faculty Representatives shall meet with the Principal as is necessary during the school year to review and discuss local school problems and practices, and such meetings shall not interfere with the normal duties of said Faculty Representatives. Such review and discussion shall not include discussion of compensation for newly created extra duties. B. By June 1st of each school year, or as soon as is known, the Association will notify the District of the names of its officers and committee chairpersons. By October 1st, or as soon as is known, the Association will notify each respective Principal of the names of the Faculty Representatives for that building. C. When it is necessary, pursuant to the Grievance Procedure, a Faculty Representative, a member of the PPRR Committee, or other representative designated by the Association to attend a grievance meeting or hearing, will be released without loss of pay in order to permit attendance in the foregoing activities. Any employee whose appearance is necessary in such investigations, meetings, or hearings as a party in interest will be accorded the same right. D. The Association will receive a copy of the official agenda for each Board Meeting and any attached documents a reasonable length of time prior to the meeting. The Association shall receive a copy of the official minutes of each Board Meeting. The Association shall be given a place on the agenda of all regular or special meetings of the Board for reports and announcements, and the Board shall be given a place on the agenda of all regular meetings of the general membership of the Association for reports and announcements, not to exceed twenty (20) minutes. E. The District shall make available to the Association, upon reasonable and specific request, all data, research, and other pertinent materials in its possession on any issue relevant to negotiations or the administration or enforcement of this agreement, and, in turn, the Association shall make available to the District, upon reasonable and specific request, all data, research, and other pertinent materials in its possession on any issue relevant to negotiations or the administration or enforcement of this agreement.