Common use of Step IV (Formal Arbitration Clause in Contracts

Step IV (Formal Arbitration. a. Within sixteen (16) calendar days of the receipt of the Step III response, the union, if not satisfied with the resolution at Step III, may submit a written demand for arbitration to the American Arbitration Association. The superintendent shall be concurrently notified of such demand. The parties agree that the postmark date shall be used to determine the date submitted. In the event the superintendent’s notification is provided in a manner other than U.S. Mail, such notification shall be received in the Office of Labor Relations as per the sixteen (16) calendar day timeline provided herein. The American Arbitration Association shall furnish one or more panels of arbitrators pursuant to its procedures. The parties agree to subscribe to the then prevailing practices of the American Arbitration Association. b. The arbitrator shall schedule a hearing as promptly as possible. He/She shall seek agreement of the parties as to the date of hearing, but such shall be scheduled within thirty (30) calendar days except as otherwise provided herein. The arbitrator shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is concluded. Such decision shall be in writing and shall set forth the arbitrator’s opinion and conclusions on the issues submitted. The decision shall be final and binding on the parties. c. The arbitrator shall be without power or authority to make any decision contrary to or inconsistent with, or modify or vary in any way the terms of this Agreement. He/She shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The arbitrator's award may include such remedy as shall be authorized by law. d. Fees and expenses of the arbitrator shall be shared equally by the board and the Union. e. The right to proceed to the arbitration step of this procedure shall be limited to the Union. Except for mutual written agreement to the contrary, the Union’s demand for arbitration shall be submitted so as to limit the scope of each such demand to only one (1)

Step IV (Formal Arbitration. a. Within sixteen (16) calendar days of the receipt of the Step III response, the union, if not satisfied with the resolution at Step III, may submit a written demand for arbitration to the American Arbitration Association. The superintendent shall be concurrently notified of such demand. The parties agree that the postmark date shall be used to determine the date submitted. In the event the superintendent’s notification is provided in a manner other than U.S. Mail, such notification shall be received in the Office of Labor Relations as per the sixteen (16) calendar day timeline provided herein. The American Arbitration Association shall furnish one or more panels of arbitrators pursuant to its procedures. The parties agree to subscribe to the then prevailing practices of the American Arbitration Association. b. The arbitrator shall schedule a hearing as promptly as possible. He/She shall seek agreement of the parties as to the date of hearing, but such shall be scheduled within thirty (30) calendar days except as otherwise provided herein. The arbitrator shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is concluded. Such decision shall be in writing and shall set forth the arbitrator’s opinion and conclusions on the issues submitted. The decision shall be final and binding on the parties. c. The arbitrator shall be without power or authority to make any decision contrary to or inconsistent with, or modify or vary in any way way, the terms of this Agreement. He/She shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The arbitrator's award may include such remedy as shall be authorized by law. d. Fees and expenses of the arbitrator shall be shared equally by the board and the Union. e. The right to proceed to the arbitration step of this procedure shall be limited to the Union. Except for mutual written agreement to the contrary, the Union’s demand for arbitration shall be submitted so as to limit the scope of each such demand to only one (1)

Step IV (Formal Arbitration. a. Within sixteen (16) calendar days of the receipt of the Step III response, the union, if not satisfied with the resolution at Step III, may submit a written demand for arbitration to the American Arbitration Association. The superintendent shall be concurrently notified of such demand. The parties agree that the postmark date shall be used to determine the date submitted. In the event the superintendent’s notification is provided in a manner other than U.S. Mail, such notification shall be received in the Office of Professional Standards / Labor Relations as per the sixteen (16) calendar day timeline provided herein. The American Arbitration Association shall furnish one or more panels of arbitrators pursuant to its procedures. The parties agree to subscribe to the then prevailing practices of the American Arbitration Association. b. The arbitrator shall schedule a hearing as promptly as possible. He/She shall seek agreement of the parties as to the date of hearing, but such shall be scheduled within thirty (30) calendar days except as otherwise provided herein. The arbitrator shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is concluded. Such decision shall be in writing and shall set forth the arbitrator’s opinion and conclusions on the issues submitted. The decision shall be final and binding on the parties. c. The arbitrator shall be without power or authority to make any decision contrary to or inconsistent with, or modify or vary in any way way, the terms of this Agreement. He/She shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The arbitrator's award may include such remedy as shall be authorized by law. d. Fees The board and the Union shall equally share fees and expenses of the arbitrator shall be shared equally by the board and the Unionarbitrator. e. The right to proceed to the arbitration step of this procedure shall be limited to the Union. Except for mutual written agreement to the contrary, the Union’s demand for arbitration shall be submitted so as to limit the scope of each such demand to only one (1)