Common use of Stage 4 Clause in Contracts

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. Arbitration a) After such hearingdecision at Stage 3, if the unit member and/or aggrieved party and the Association are not satisfied with the decision at Stage 33c, and the Association determines that the grievance is meritorious may be submitted to an arbitrator for hearing and appealing it is in the best interest of the school systemrecommendation as provided below, it may submit the grievance to arbitration by written notice to the Board of Education other party within fifteen (15) school working days of the decision at Stage State 3. b) Within fifteen (15) school days or less after such written notice of submission If the Association does not intend to be party to the arbitration, the aggrieved party and the Board of Education shall be so notified. The aggrieved party shall have five school days after the receipt of said notice in which to submit a written notice upon the Board of Education that the grievance will be submitted without Association representation. c) Within five school days after such written notice, the Board and the Association or teacher will agree upon a mutually acceptable arbitrator competent in the area of the grievance, and will obtain a commitment from said arbitrator to servearbitrator. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified periodagree, a request for a list of arbitrators will appointment may be made to the American Arbitration Association (A.A.A.) by either party. . d) The parties will then be bound by the rules and procedures of the American Arbitration Association in will apply insofar as they relate to the procedure and selection of an arbitrator. ce) The arbitrator so selected arbitrator will hear the matter shall hold hearings promptly and will issue their shall render his decision not no later than fourteen (14) calendar ten working days from the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements thereafter and proofs are submitted a written report shall be furnished to them. The arbitrator’s decision will be in writing and will set forth their findings of fact, reasoning and conclusions on the issuesall parties. df) The arbitrator shall have no power or authority to make offer any decisions recommendation which require the commission of an act is prohibited by law or which is violative volatile of the terms of this Agreement. eg) The A decision of the arbitrator shall be accepted as final and binding upon by all partiesparties to the arbitration. fh) The costs for the services Cost of the arbitrator, including expenses, if any, will arbitration and arbitrator shall be borne equally by the Board of Education and the Association or by the Board and the aggrieved party if that person was not represented by the Association. i) Grievances which do not involve the interpretation, meaning or application of the provisions of this Agreement may be processed through Xxxxx 0, but shall not be arbitral.