Common use of Step IV: Arbitration Clause in Contracts

Step IV: Arbitration. 15.5.1 If the grievance has been properly processed through the previous steps of the procedure and not resolved, the appropriate Union representative may appeal the grievance to arbitration. The Union representative shall notify the Executive Director, in writing, within twenty (20) calendar days following receipt by the employee of the written answer at Step III. 15.5.2 Within ten (10) working days following the receipt of the notice of appeal to Step IV, a meeting shall be arranged by the Executive Director with the appropriate Union representative to prepare a joint statement of the issue, or issues, to be presented to the arbitrator. If the parties are unable to agree upon the issue, or issues, each party will prepare its statement of the issue, or issues, and jointly submit the separate statement of issue, or issues, to the arbitrator for determination. 15.5.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) to provide a list of seven (7) persons qualified to act as arbitrators. 15.5.4 Absent the parties reaching a stipulation as to an arbitrator, within five (5) working days following receipt of the above-referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one (1) name from the list until only one (1) name remains, and that person shall be the arbitrator. 15.5.5 The arbitrator shall hold a hearing on the issue, or issues, submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written opinion and reasons for the opinion as soon after the hearing as possible. The arbitrator's opinion shall be final and binding on both parties, and shall be limited to the issue, or issues, involved. Either party may elect to have representation by legal counsel for those arbitration hearings. 15.5.6 The opinion shall be sent to the Director of Human Resources and to the employee and appropriate representative of the Union. 15.5.7 The parties agree each party shall pay for the time and expenses of its representatives and witnesses and shall contribute equally to the fee and expenses of the arbitrator and arbitration hearing. The arbitration hearing will be held at a location mutually agreed upon by the parties. 15.5.8 Witnesses who are employees and on duty at the time of a scheduled appearance before the arbitrator shall be released from duty for the time required to testify. No overtime payments shall be made because of scheduled appearances. 15.5.9 Individual grievant shall be released from duty without loss of pay for the time of the arbitration hearing. One spokesperson shall be permitted to be present for grievances filed by the Union. 15.5.10 The parties agree that the time limits set forth herein are of the essence of this procedure and are to be strictly complied with. Extensions to these time limits can be made only in writing signed by representatives of each party.

Step IV: Arbitration. 15.5.1 20.3.4.1 If the grievance has been properly processed through the previous steps of the procedure and not resolved, the appropriate Union representative may appeal the grievance Association elects to proceed to arbitration. The Union representative , it shall notify the Executive Director, District in writing, writing within twenty ten (2010) calendar days following receipt by after receiving the employee of the written answer at response to Step III, or it will be considered closed. 15.5.2 20.3.4.2 Within ten (10) working days following the receipt of such notification of arbitration, representatives of the notice of appeal District and the Association shall attempt to Step IV, agree upon a meeting shall be arranged by the Executive Director with the appropriate Union representative mutually acceptable arbitrator and obtain a commitment from said arbitrator to prepare a joint statement of the issue, or issues, to be presented to the arbitrator. serve. 20.3.4.3 If the parties are unable to agree upon an arbitrator within the issuespecified period, or issues, each party will prepare its statement of the issue, or issues, District and jointly submit the separate statement of issue, or issues, Association shall file a Request for Arbitrators to the arbitrator American Arbitration Association for determinationthe names of five (5) arbitrators. 15.5.3 20.3.4.4 The parties may mutually agree upon the selection of the arbitrator or and the arbitration proceedings shall jointly request be conducted under the Federal Mediation and Conciliation Service (FMCS) or Voluntary Labor Arbitration Rules of the American Arbitration Association (AAA) to provide a list of seven (7) persons qualified to act as arbitrators.Association 15.5.4 Absent the parties reaching a stipulation as to an arbitrator, within five (5) working days following receipt of the above-referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one (1) name from the list until only one (1) name remains, and that person shall be the arbitrator. 15.5.5 The arbitrator shall hold a hearing on the issue, or issues, submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written opinion and reasons for the opinion as soon after the hearing as possible. 20.3.4.5 The arbitrator's opinion decision shall be in writing and will set forth the findings of fact, reasoning and conclusions of the issues submitted. 20.3.4.6 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 or goes beyond the specific terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement as he/she judges to be proper, but only to the extent the alleged grievance is about denied or lost pay and then limited to actual dollars denied or lost. 20.3.4.7 The decision of the arbitrator will be submitted to the Association and the Superintendent and will be final and binding on both upon the parties, and shall be limited to the issue, or issues, involved. Either party may elect to have representation by legal counsel for those arbitration hearings. 15.5.6 The opinion shall be sent to the Director of Human Resources and to the employee and appropriate representative of the Union. 15.5.7 The parties agree each party shall pay for the time and expenses of its representatives and witnesses and shall contribute equally to the fee and expenses of the arbitrator and arbitration hearing. The arbitration hearing Any question will be held at a location mutually agreed ruled upon by the partiesarbitrator only after he/she has had an opportunity to hear the merits of the grievance. 15.5.8 Witnesses who are employees and on duty at the time of a scheduled appearance before the arbitrator shall be released from duty 20.3.4.8 All costs for the time required to testify. No overtime payments shall be made because of scheduled appearances. 15.5.9 Individual grievant shall be released from duty without loss of pay for the time services of the arbitration hearingarbitrator, including, but not limited to, per diem expenses, his/her travel and subsistence expenses, and the cost of any hearing room, will be borne equally by Board and the Association. One spokesperson shall All other costs will be permitted to be present for grievances filed borne by the Unionparty incurring them. 15.5.10 The parties agree that the time limits set forth herein are of the essence of this procedure and are to be strictly complied with. Extensions to these time limits can be made only in writing signed by representatives of each party.

Step IV: Arbitration. 15.5.1 12.5.1 If the grievance has been properly processed through the previous steps of the procedure and not resolved, the appropriate Union representative may appeal the grievance to arbitration. The Union representative shall notify the Executive DirectorPresident/CEO, in writing, within twenty (20) calendar days following receipt by the employee of the written answer at Step IIIIV. 15.5.2 12.5.2 Within ten (10) working days following the receipt of the notice of appeal to Step IVV, a meeting shall be arranged by the Executive Director President/CEO or his/her designee with the appropriate Union representative to prepare a joint statement of the issue, or issues, to be presented to the arbitrator. If the parties are unable to agree upon the issue, or issues, each party will prepare its statement of the issue, or issues, issues and jointly submit the separate statement of the issue, or issues, to the arbitrator for determination. 15.5.3 12.5.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request the Federal Mediation and Conciliation Service Services (FMCS) or the American Arbitration Association (AAA) to provide a list of seven (7) persons qualified to act as arbitrators. 15.5.4 12.5.4 Absent the parties reaching a stipulation as to an arbitrator, within five (5) working days arbitrator following receipt of the above-referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one (1) name from the list until only one (1) name remains, and that person shall be the arbitrator. 15.5.5 12.5.5 The arbitrator shall hold a hearing on the issue, or issues, submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written opinion and reasons for the opinion as soon after the hearing as possible. The arbitrator's ’s opinion shall be final and binding on both parties, and shall be limited to the issue, or issues, involved. Either party may elect to have representation by legal counsel for at those arbitration hearings. 15.5.6 12.5.6 The opinion shall be sent to the Director of Human Resources Administration and to the employee and appropriate representative of the Union. 15.5.7 12.5.7 The parties agree each party shall pay for the time and expenses of its representatives and witnesses and shall contribute equally to the fee fees and expenses of the arbitrator and arbitration hearing. The arbitration hearing will be held at a location mutually agreed upon by the parties. 15.5.8 12.5.8 Witnesses who are employees and on duty at the time of a scheduled appearance before the arbitrator shall be released from duty for the time required to testify. No overtime payments shall be made because of scheduled appearances. 15.5.9 Individual 12.5.9 The individual grievant shall be released from duty without loss of pay for the time of the arbitration hearing. One spokesperson xxxxxxx shall be permitted to be present for grievances filed by the Union. 15.5.10 12.5.10 The parties agree that the time limits set forth herein are of the essence of this procedure and are to be strictly complied with. Extensions to these time limits can be made only in writing writing, or by e-mail, signed by representatives of each party.