STEP FOUR - BINDING ARBITRATION. If the parties do not resolve the grievance at Step Three, then the aggrieved party may present the grievance to binding arbitration within ten (10) work days after the mediation date.
STEP FOUR - BINDING ARBITRATION. If the Grievance Committee is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no disposition has been made within the period above provided, the grievance may, at the election of the Association, be submitted to arbitration before an impartial arbitrator. The Board of education will be notified that the grievance has been submitted for arbitration. The rules of the American Arbitration Association shall govern the arbitration proceedings except as modified herein. The Board and the Association shall not be permitted to assert in such arbitration proceeding any grounds or to rely on any evidence not previously disclosed to the other party. The Arbitrator shall have no power to alter, add to, or subtract from, the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator if the decision is within the scope of his/her authority and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator shall be shared equally by the parties. The Board and the Association shall attempt to mutually agree on a panel of three (3) permanent arbitrators who shall be appointed annually. The three
STEP FOUR - BINDING ARBITRATION a. If the grievance is a claim that this Agreement between the District and the Association has been violated, misinterpreted, or misapplied; and if the grievant is not satisfied with the disposition of this grievance at Step Three, or if the Board has not provided a written decision within the time limits prescribed in Step Three, then within fifteen (15) days after the Step Three answer or expiration of timeline, the grievance may be submitted to final and binding arbitration at the option of the Association.
STEP FOUR - BINDING ARBITRATION. In the event the Union is not satisfied with the response to the grievance at Step Three, the Union may submit the matter to arbitration. The demand for arbitration must be filed with the Town Supervisor within fourteen calendar days of receiving the response from the Step Three response or when the Step Three response should have been received.
STEP FOUR - BINDING ARBITRATION a. If the Association is not satisfied with the disposition of the grievance by the Board or if no disposition has been made within the period above provided, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall exercise its right of arbitration by giving the Superintendent written notice of its intention to arbitrate within ten
STEP FOUR - BINDING ARBITRATION. If the Grievance Committee is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no disposition has been made within the period above provided, the grievance may, at the election of the Association, be submitted to arbitration before an impartial arbitrator. The Board of education will be notified that the grievance has been submitted for arbitration. The rules of the American Arbitration Association shall govern the arbitration proceedings except as modified herein. The Board and the Association shall not be permitted to assert in such arbitration proceeding any grounds or to rely on any evidence not previously disclosed to the other party. The Arbitrator shall have no power to alter, add to, or subtract from, the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator if the decision is within the scope of his/her authority and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator shall be shared equally by the parties. The Board and the Association shall attempt to mutually agree on a panel of three (3) permanent arbitrators who shall be appointed annually. The three (3) arbitrators shall be used on a rotating basis except where the parties mutually agree to use an arbitrator out of rotation. If agreement cannot be reached on the three (3) arbitrators, the parties may opt to use only those arbitrators on which agreement has been reached or use the services of the American Arbitration Association in the rotation process. Except in cases involving the American Arbitration Association, appeals for arbitration shall be sent directly to the arbitrator, in rotation with a copy to the Human Resources Administrator. Within one (1) week of filing, a conference call will be scheduled with the Arbitrator, Human Resources Administrator and the PCEA Representative in an attempt to schedule a hearing date. The site for the Arbitration hearings shall alternate between the PCEA (or local MEA office) and the Board Office. Once the appeal for arbitration has been filed, all communications with the arbitrator about that case shall be done jointly, or with prompt notice to the other party in emergencies or where the arbitrator initiates the contact.
STEP FOUR - BINDING ARBITRATION. If the grievance is a claim that the terms of this Agreement between the parties have been misinterpreted or misapplied and if the Association is not satisfied with the disposition of the grievance at Step Three, the grievance(s) may be submitted, by the Association only, to binding arbitration. The Association shall exercise its right of arbitration by giving the Superintendent written notice of its intention to arbitrate within twenty (20) days of receipt of the Step III written decision or twenty (20) days after filing of the Step III appeal if no Step III decision has been rendered. The parties agree to select an arbitrator, whose decision shall be final and binding. The selection of the arbitrator will be accomplished as follows: The arbitrator shall be selected from a list provided by the Federal Mediation & Conciliation Service or the American Arbitration Association. The parties shall separately rank and strike the names of arbitrators on the list and return their list to the appropriate agency for final arbitrator selection. Hearings shall be conducted in accordance with the rules of the agency that was selected. The arbitrator shall make a decision in writing not more than thirty (30) days following the day the case is presented to him/her. During the arbitration under this Step, neither the District nor the Association will be permitted to assert any issues or evidence not previously disclosed to the other party at Step Three. Each party shall bear the full costs for its side of the arbitration and will pay one-half (1 /2) of the costs for the arbitrator, the hearing room, and any administration fee for arbitration.
STEP FOUR - BINDING ARBITRATION. (a) If the grievance is not settled through Steps One, Two, and Three, either party may refer the matter to the American Arbitration Association for binding arbitration within ten (10) days after the determination by the Mayor and Committeemen, or 10 days after the date when the determination was due, whichever is sooner. An arbitrator shall be selected and a mutually agreeable hearing date established, pursuant to the Rules of the A.A.A.
STEP FOUR - BINDING ARBITRATION. If the Union is not satisfied with the response to the grievance at Step Three, the Union may submit the matter to arbitration by filing a demand for arbitration with the New York State Public Employment Relations Board in accordance with its rules and regulations. The demand for arbitration must be filed within thirty calendar days from receiving the Step Three response or when the Step Three response should have been received. The conduct of the arbitration shall be under the exclusive jurisdiction and control of the arbitrator, which shall conform to applicable law. All decisions rendered by the arbitrator shall be final and binding upon all parties. The Arbitrator shall have no power to add to, subtract from, or modify any of the provisions of this Collective Bargaining Agreement. The Employer and the Union shall share the fees of the arbitrator equally.
STEP FOUR - BINDING ARBITRATION. If the Association is not satisfied with the Step Three decision it may, within fifteen (15) working days of the receipt of the Board's decision, submit the matter to binding arbitration under the Voluntary Arbitration Rules of the American Arbitration Association. The costs of the arbitration will be borne equally by the parties. The arbitrator shall not have the power to add to, delete from, or modify the terms of this agreement in any way nor to require the commission of an act prohibited by law or violative of the terms of this agreement.
