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.
5.9-1 The arbitrator will be selected in compliance with the American Arbitration Association (AAA) Rules of expedited Labor Arbitration.
5.9-2 The Expedited Labor Arbitration format will be used at this level.
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. 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. 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. 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 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 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.
STEP FOUR - BINDING ARBITRATION. If the grievance is not settled in accordance with the foregoing procedure, the Chapter may refer the grievance to Binding Arbitration by giving written notice to the Chief of Police, within twenty-one (21) business days after receipt of the Commissioner of Public Safety's reply (in Step Three). In the event the parties are unable to agree upon an arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Upon receipt of the panel, the parties shall strike names alternately until only one name remains. The person whose name remains shall become the arbitrator, provided, that either party, before striking any names, shall have the right to reject one panel of arbitrators. The arbitrator shall be notified of his/her selection by a joint letter from the Village and the Chapter. In addition to providing notice of his/her appointment, such letter shall request that he set a time and a place for the hearing, subject to the availability of the Village and Chapter representative. The arbitrator shall not (in his/her decision or award), amend, modify, nullify, ignore, add to, or subtract from any provision of this Agreement. He shall consider and decide only the specific issue submitted to him/her. His/Her binding recommendation shall be binding and shall be based solely upon and interpretation of the meaning, or application, of the terms of this Agreement. In the event that the arbitrator finds that alleged grievance does not involve an interpretation or application of this Agreement, he shall remand the matter to the parties without comment. The decision of the arbitrator shall be final and binding on the parties. The costs of the arbitration, including the fee and expenses of the arbitrator shall be divided equally between the Village and the Chapter.
STEP FOUR - BINDING ARBITRATION. If the grievant is dissatisfied with the response of Step Three, or if the Authority’s Commissioners have failed to act within the stated time, then this matter may be appealed to PERC for the selection of an arbitrator in accordance with PERC procedures for same.
