Common use of Step Five – Arbitration Clause in Contracts

Step Five – Arbitration. In the event the employee is dissatisfied with the determination of the board, he/she may request in writing, not later than five working days after receipt of the board's decision, that the association submit his/her grievance to arbitration. If the association determines that the grievance is meritorious, it may submit the grievance to arbitration by written notice to the superintendent no later than fifteen working days after receipt of the employee's request. Within ten working days after such written notice of submission to arbitration, the board and association shall agree upon an arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties will then be bound by the rules and procedures of the Public Employment Relations Commission in the selection. The arbitrator so selected shall confer with representatives of the board and the association, hold hearings promptly, and shall issue his/her decision not later than thirty days from the date of the close of hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be submitted to the board and association in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision contrary to, inconsistent with, or which alters, modifies, adds to, or subtracts from the provisions of this agreement or of applicable laws or rules and regulations having the force of law, or any decision which usurps the functions of the board or the proper exercise of its judgment and discretion under law and this agreement. His authority shall be limited to deciding whether there has been a violation of a specific article and section of this agreement, a board policy, or administrative rule or regulation. The decision of the arbitrator, if within the scope of his/her authority as above set forth, shall be final and binding on both parties. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the board and the association. Other expenses incurred shall be paid by the party incurring the same.

Step Five – Arbitration. In a. If the event the employee grievant is dissatisfied not satisfied with the determination disposition of the boardgrievance at Step Four, he/she may or if no decision has been rendered within ten (10) school days after the grievant has first met with the Board, the grievant may, within five (5) school days after a decision by the Board or fifteen (15) school days after the grievant has first met with the Board, whichever is sooner, request in writingwriting that the Association submit the grievance to arbitration. The Association may, not later than five working by written notice to the Superintendent within fifteen (15) school days after receipt of the board's decisionrequest from the grievant, that the association submit his/her grievance to arbitration. If the association determines that the grievance is meritorious, it may submit the grievance to arbitration by written notice to the superintendent no later than fifteen working days after receipt of the employee's request. binding arbitration. b. Within ten working (10) school days after such written notice of submission to arbitration, the board Superintendent and association shall the Association will attempt to agree upon an a mutually acceptable arbitrator and to obtain a commitment from said such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a such commitment within the specified 10-day period, a request for a list of arbitrators may be made to the Public Employment Employee Relations Commission Board (XXX) by either party. The parties If any question arises as to whether a particular dispute involves the interpretation, meaning or application of any of the provisions of this Agreement, such question will then first be bound ruled upon by the rules and procedures of arbitrator selected to hear the Public Employment Relations Commission in the selection. disputes. c. The arbitrator so selected shall will confer with the representatives of the board Superintendent and the association, Association and hold hearings promptly, promptly and shall will issue his/her decision not later than thirty (30) 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 on the issues evidence are submitted to him/her. The arbitrator's decision shall will be submitted to the board and association in writing and shall will set forth his/her findings of fact, reasoning and conclusions of on the issues submitted. The arbitrator shall will be without power or authority to make any decision contrary todecision, inconsistent withwhich requires the commission of an act, prohibited by law or which alters, modifies, adds to, is in violation of or subtracts from expands upon the provisions terms of this agreement or of applicable laws or rules and regulations having the force of law, or any decision which usurps the functions of the board or the proper exercise of its judgment and discretion under law and this agreement. His authority shall be limited to deciding whether there has been a violation of a specific article and section of this agreement, a board policy, or administrative rule or regulationAgreement. The decision of the arbitrator, if within arbitrator will be submitted to the scope of his/her authority as above set forth, shall Board and the Association and will be final and binding on both upon the parties. . d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual his/her travel and necessary travel, subsistence expenses, expenses and the cost of the any hearing room shall will be borne equally by the board Board and the associationAssociation. Other expenses incurred shall All other costs will be paid borne by the party incurring hem. The arbitrator shall have the samediscretion to assign the costs of the arbitrator to the party suffering the adverse decision if he/she considers the grievance or aggrieved action was substantially without basis/merit as per the contracted agreement, law or fact.

Step Five – Arbitration. In a. If the event the employee grievant is dissatisfied not satisfied with the determination disposition of the boardgrievance at Step Four, he/she may or if no decision has been rendered within ten (10) school days after the grievant has first met with the Board, the grievant may, within five (5) school days after a decision by the Board or fifteen (15) school days after the grievant has first met with the Board, whichever is sooner, request in writingwriting that the Association submit the grievance to arbitration. The Association may, not later than five working by written notice to the Superintendent within fifteen (15) school days after receipt of the board's decisionrequest from the grievant, that the association submit his/her grievance to arbitration. If the association determines that the grievance is meritorious, it may submit the grievance to arbitration by written notice to the superintendent no later than fifteen working days after receipt of the employee's request. binding arbitration. b. Within ten working (10) school days after such written notice of submission to arbitration, the board Superintendent and association shall the Association will attempt to agree upon an a mutually acceptable arbitrator and to obtain a commitment from said such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a such commitment within the specified 10-day period, a request for a list of arbitrators may be made to the Public Employment Employee Relations Commission Board (XXX) by either party. The parties will then be bound by the rules and procedures AAA Rules in the selection of an arbitrator. If any question arises as to whether a particular dispute involves the interpretation, meaning or application of any of the Public Employment Relations Commission provisions of this Agreement, such a question will first be ruled upon by the arbitrator selected to hear the dispute. Except as otherwise expressly provided in this Agreement. The arbitration will be conducted in accordance with the selection. Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (hereinafter referred to as the "AAA Rules"). c. The arbitrator so selected shall will confer with the representatives of the board Superintendent and the association, Association and hold hearings promptly, promptly and shall will issue his/her their decision not later than thirty (30) 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 on the issues evidence are submitted to himthem. The arbitrator's decision shall will be submitted to the board and association in writing and shall will set forth his/her their findings of fact, reasoning and conclusions of on the issues submitted. The arbitrator shall will be without power or authority to make any decision contrary todecision, inconsistent withwhich requires the commission of an act, prohibited by law or which alters, modifies, adds to, is in violation of or subtracts from expands upon the provisions terms of this agreement or of applicable laws or rules and regulations having the force of law, or any decision which usurps the functions of the board or the proper exercise of its judgment and discretion under law and this agreement. His authority shall be limited to deciding whether there has been a violation of a specific article and section of this agreement, a board policy, or administrative rule or regulationAgreement. The decision of the arbitrator, if within arbitrator will be submitted to the scope of his/her authority as above set forth, shall Board and the Association and will be final and binding on both upon the parties. . d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual their travel and necessary travel, subsistence expenses, expenses and the cost of the any hearing room shall will be borne equally by the board Board and the associationAssociation. Other expenses incurred shall All other costs will be paid borne by the party incurring them. The arbitrator shall have the samediscretion to assign the costs of the arbitrator to the party suffering the adverse decision if they consider the grievance or aggrieved action was substantially without basis/merit as per the contracted agreement, law or fact.

Step Five – Arbitration. In a. If the event grievant is not satisfied by the employee decision of the Board and appropriately elects not to submit the matter to grievance mediation, or if the grievant is dissatisfied not satisfied with the determination results of the boardmediation, he/she the Association, through the UACT Executive Committee, may request in writing, not later than five working within ten (10) days after of receipt of the board's decision, that written decision of the association submit his/her grievance to arbitration. If Board at Step Three (if mediation is not elected) or the association determines that conclusion of the grievance is meritorious, it may mediation submit the grievance to binding arbitration by written notice according to the superintendent no later than fifteen working days after receipt voluntary rules of the employee's requestAmerican Arbitration Association. Within ten working days after such written Written notice of submission that advancement shall be given to arbitrationthe Board President, the board Superintendent and association shall agree upon an arbitrator and obtain a commitment from said arbitrator to servethe Treasurer. If the parties are unable mutually agree, the grievance may be submitted to agree upon an arbitrator or to obtain a commitment within the specified period, a request for expedited arbitration. b. The Arbitrator shall be chosen from a list provided by the American Arbitration Association (AAA). Selection and hearing shall be in accordance with the voluntary rules and regulations of arbitrators the AAA. The Arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be made to agreed by the Public Employment Relations Commission by either partyparties and the Arbitrator. The parties will then be bound shall equally share the administrative costs imposed by AAA to administer the rules and procedures of the Public Employment Relations Commission in the selection. arbitration. c. The arbitrator so selected shall confer with representatives of expressly confine himself/herself to the board and the association, hold hearings promptly, precise issue(s) submitted for arbitration and shall issue his/her decision have no authority to decide any other issue(s) not later than thirty days from the date of the close of hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are specifically submitted to him. The arbitrator's decision shall be submitted to the board and association in writing and shall set forth his/her findings or to submit observations or declarations of fact, reasoning and conclusions of opinion which are not directly essential in reaching determination or to exceed the issues submittedremedy demanded. The arbitrator shall be without power have no authority to alter, add to or authority subtract from the terms of the negotiated agreement, or to make any decision contrary to, inconsistent with, to law or which alters, modifies, adds to, or subtracts from the negotiated agreement. The arbitrator shall limit the decision to the application and interpretation of the express terms and provisions of this agreement or of applicable laws or rules and regulations having the force of law, or any decision which usurps the functions of the board or the proper exercise of its judgment and discretion under law and this negotiated agreement. His authority shall be limited to deciding whether there has been a violation of a specific article and section of this agreement, a board policy, or administrative rule or regulation. The decision of the arbitrator, if within arbitrator on the scope of his/her authority as above set forth, grievance shall be final and binding on both parties. . d. The costs for the Arbitrator’s services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room his/her costs shall be borne equally by the board and losing party. Each party shall bear its costs for its representation in the association. Other expenses incurred shall be paid by the party incurring the samearbitration.

Step Five – Arbitration. In a. If the event the employee grievant is dissatisfied not satisfied with the determination disposition of the boardgrievance at Step Four, he/she may or if no decision has been rendered within ten (10) school days after the grievant has first met with the Board, the grievant may, within five (5) school days after a decision by the Board or fifteen (15) school days after the grievant has first met with the Board, whichever is sooner, request in writingwriting that the Association submit the grievance to arbitration. The Association may, not later than five working by written notice to the Superintendent within fifteen (15) school days after receipt of the board's decisionrequest from the grievant, that the association submit his/her grievance to arbitration. If the association determines that the grievance is meritorious, it may submit the grievance to arbitration by written notice to the superintendent no later than fifteen working days after receipt of the employee's request. binding arbitration. b. Within ten working (10) school days after such written notice of submission to arbitration, the board Superintendent and association shall the Association will attempt to agree upon an a mutually acceptable arbitrator and to obtain a commitment from said such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a such commitment within the specified 10-day period, a request for a list of arbitrators may be made to the Public Employment Employee Relations Commission Board (XXX) by either party. The parties will then be bound by the rules and procedures AAA Rules in the selection of an arbitrator. If any question arises as to whether a particular dispute involves the interpretation, meaning or application of any of the Public Employment Relations Commission provisions of this Agreement, such question will first be ruled upon by the arbitrator selected to hear the dispute. Except as otherwise expressly provided in this Agreement. the selection. arbitration will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (hereinafter referred to as the "AAA Rules"). c. The arbitrator so selected shall will confer with the representatives of the board Superintendent and the association, Association and hold hearings promptly, promptly and shall will issue his/her their decision not later than thirty (30) 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 on the issues evidence are submitted to himthem. The arbitrator's decision shall will be submitted to the board and association in writing and shall will set forth his/her their findings of fact, reasoning and conclusions of on the issues submitted. The arbitrator shall will be without power or authority to make any decision contrary todecision, inconsistent withwhich requires the commission of an act, prohibited by law or which alters, modifies, adds to, is in violation of or subtracts from expands upon the provisions terms of this agreement or of applicable laws or rules and regulations having the force of law, or any decision which usurps the functions of the board or the proper exercise of its judgment and discretion under law and this agreement. His authority shall be limited to deciding whether there has been a violation of a specific article and section of this agreement, a board policy, or administrative rule or regulationAgreement. The decision of the arbitrator, if within arbitrator will be submitted to the scope of his/her authority as above set forth, shall Board and the Association and will be final and binding on both upon the parties. . d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual their travel and necessary travel, subsistence expenses, expenses and the cost of the any hearing room shall will be borne equally by the board Board and the associationAssociation. Other expenses incurred shall All other costs will be paid borne by the party incurring hem. The arbitrator shall have the samediscretion to assign the costs of the arbitrator to the party suffering the adverse decision if they consider the grievance or aggrieved action was substantially without basis/merit as per the contracted agreement, law or fact.

Step Five – Arbitration. In the event the employee is dissatisfied with the determination of the boarda grievance remains unsettled after Step Four, he/she may request in writing, not later than five working days after receipt of the board's decision, that the association submit his/her grievance to arbitration. If the association determines that the grievance is meritorious, it may submit the grievance be appealed to arbitration by written notice either the Company or the Union by requesting the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) to furnish a panel of ten (10) available arbitrators, with a priority for members of the National Academy of Arbitrators, to both parties. Such letter must be mailed, and a copy furnished to the superintendent no later than fifteen working other party within ten (10) calendar days after receipt of mediation. a. After a panel listing is received from the employee's request. Within ten working days after such written notice of submission to arbitrationFMCS or AAA, the board Company and association shall agree upon the Union will select an arbitrator and obtain by the method of alternately deleting a commitment name from said the panel until a single arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either partyremains. The parties will then be bound by party filing the rules and procedures of Grievance shall strike first. Should either party reject the Public Employment Relations Commission in original panel or request an additional panel, the selectionrejecting party shall pay for the additional panel. The arbitrator so selected shall confer with representatives will be notified of their election by a joint letter from the Company and the Union, requesting that the arbitrator set a time and place for the hearing, subject to the availability of the board Company and Union representatives. b. The Arbitrator shall not have the associationjurisdiction to arbitrate provisions of a new agreement or to arbitrate away, hold hearings promptlyin whole or in part, and shall issue his/her decision not later than thirty days from the date any provisions of the close of hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be submitted to the board and association in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submittedthis Agreement. The arbitrator shall be without power or authority have no right to make any decision contrary add to, inconsistent withsubtract from, nullify, ignore, or which alters, modifies, adds to, or subtracts from the provisions of this agreement or of applicable laws or rules and regulations having the force of law, or modify any decision which usurps the functions of the board or terms of the proper exercise of its judgment and discretion under law and this agreement. His authority shall be limited to deciding whether there has been a violation of a specific article and section of this agreement, a board policy, or administrative rule or regulationAgreement. The decision of arbitrator shall consider and decide only the arbitrator, if within the scope of his/her authority as above set forth, shall be final and binding on both parties. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expensesissue(s) presented, and the cost decision and award shall be based solely upon the arbitrator’s interpretation of the hearing room application of the terms of this Agreement. The Arbitrator shall have the authority only to decide disputes concerning the interpretation or application of the specific Section(s) and Article(s) of the Agreement listed in the Step One grievance document to the facts of the particular grievance presented to them and shall be borne equally by without authority to decide matters specifically excluded or not included in this Agreement. The Arbitrator shall have no power to engage in any form of interest arbitration. The Arbitrator may not issue any award which provides any monetary remedy that includes any time before ten (10) days before the board and the association. Other expenses incurred shall be paid by the party incurring the same.grievance was filed, except for unpaid wage claims that may extend up to six