Common use of Step Three - Arbitration Clause in Contracts

Step Three - Arbitration. a. If the teacher(s) does not accept the decision of the Superintendent/designee, and the grievance involves the meaning or application of a specific section(s) of this Agreement, he/she may, within five (5) days, refer the grievance to the B.E. A. Within five (5) days of receipt of the grievant’s request for a Step Three hearing (arbitration), the B. E.A. will decide whether to request a Step Three hearing (arbitration). Such a request for arbitration will be sent to the Superintendent within five (5) days of the B.E.A.’s decision. Therefore, the request for arbitration must be submitted to the Superintendent no later than the twentieth (20th) day after the grievant(s) received the Superintendent’s written response or, in the case of no response from the Superintendent, no later than the twenty-fifth (25th) day after the grievance was submitted to the Superintendent. Upon receipt of the request, B.E.A. shall request the American Arbitration Association to submit a list of seven (7) National Academy arbitrators. Either party may request a second list. Upon receipt of such list, the Board and the B.E.A., or their designees, shall alternately strike names from the list until one (1) ultimately is designated as the arbitrator. b. The arbitrator shall be empowered only to base his/her decision upon a specific section(s) of this Agreement and shall have no power to add to, subtract from, or modify this Agreement. c. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on B.E.A., its members, the teacher(s) involved, and the Board. d. The fees and expenses of the arbitrator shall be shared equally by the Board and by X.X.X. x. The grievant(s), employees who are witnesses, the B.E.A. President, and the B.E. A. Grievance chairperson shall be excused from work for arbitration hearings with no loss of pay, benefits or emoluments. Teachers who are to be excused for an arbitration hearing shall notify their building principal or designee of their request at least forty-eight (48) hours prior to the date of hearing.

Step Three - Arbitration. a. If the teacher(s) does not accept the decision of the Superintendent/designee, and the grievance involves the meaning or application of a specific section(s) of this Agreement, he/she may, within five (5) days, refer the grievance to the B.E. A. Within five (5) days of receipt of the grievant’s request for a Step Three hearing (arbitration), the B. E.A. the B.E.A. will decide whether to request a Step Three hearing (arbitration). Such a request for arbitration will be sent to the Superintendent within five (5) days of the B.E.A.’s decision. Therefore, the request for arbitration must be submitted to the Superintendent no later than the twentieth (20th) day after the grievant(s) received the Superintendent’s written response or, in the case of no response from the Superintendent, no later than the twenty-fifth (25th) day after the grievance was submitted to the Superintendent. Upon receipt of the request, B.E.A. shall request the American Arbitration Association to submit a list of seven (7) National Academy arbitrators. Either party may request a second list. Upon receipt of such list, the Board and the B.E.A., or their designees, shall alternately strike names from the list until one (1) ultimately is designated as the arbitrator. b. The arbitrator shall be empowered only to base his/her decision upon a specific section(s) of this Agreement and shall have no power to add to, subtract from, or modify this Agreement. c. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on B.E.A., its members, the teacher(s) involved, and the Board. d. The fees and expenses of the arbitrator shall be shared equally by the Board and by X.X.X. x. The grievant(s), employees who are witnesses, the B.E.A. President, and the B.E. A. Grievance chairperson shall be excused from work for arbitration hearings with no loss of pay, benefits or emoluments. Teachers who are to be excused for an arbitration hearing shall notify their building principal or designee of their request at least forty-eight (48) hours prior to the date of hearing.the