Common use of Step Three Clause in Contracts

Step Three. If the grievant is not satisfied with the disposition at Step Two and wishes to proceed with his/her grievance, he/she may secure approval of the Association’s Grievance Committee to appeal to arbitration. Within five (5) days of the receipt of the written decision at Step Two, the Association may request that the grievance be referred to a disinterested third party for arbitration. Such request shall be in writing. Not later than ten (10) days after such notice is given, representatives of the Board of Education and the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide a list of seven (7) names. An arbitrator shall be selected in accordance with FMCS rules. The person so selected shall hold the necessary hearings promptly and issue his/her findings and recommendation in writing. Decisions of the arbitrator shall be binding on both parties. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement, nor add to detract from or modify the language therein arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority to rule contrary to the law of the State of Ohio unless provided to the contrary by ORC 4117. The arbitrator shall expressly confine himself/herself to the precise issues(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observation of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of the Contract. The cost for arbitration shall be paid by the loser.

Step Three. If (1) In the grievant case of a grievance that is not satisfied with the disposition satisfactorily adjusted at Step Two and wishes to proceed with his/her grievance, he/she may secure approval if it involves an alleged violation(s) or misinterpretation(s) of the Association’s Grievance Committee to appeal to arbitration. Within five (5a specific article(s) days or section(s) of the receipt of the written decision at Step Twothis Agreement, the Association may request that the grievance be referred to a disinterested third party for arbitration. Such request shall be in writing. Not later than may, within ten (10) school days after such notice the decision at Step Two is givenrendered, representatives submit the grievance to arbitration. Grievances which do not involve alleged violation(s) or misinterpretation(s) of a specific article(s) or section(s) of this Agreement may be processed through Step Three, but will not be arbitrable. At any time after submission to arbitration, in the case of a grievance that does involve an alleged violation or misinterpretation of a specific article or section of this Agreement, the parties may mutually agree to submit the grievance to review before a mediator appointed by the Michigan Employment Relations Commission. The decision of the Board mediator shall not be binding on either party. (a) The submission to arbitration shall contain a statement of Education the issues to be arbitrated and the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing references to the Federal Mediation and Conciliation Service specific article(s) and/or section(s) allegedly violated or misinterpreted. The grievance shall be submitted to provide a list of seven the American Arbitration Association (7) namesAAA). An The arbitrator shall be selected by AAA in accordance with FMCS its rules. The person so selected , which shall hold likewise govern the necessary hearings promptly arbitration proceedings. (b) It shall be the function of the arbitrator, after due investigation, to make a decision in writing and issue to set forth his/her findings of fact, reasoning and recommendation in writingthe conclusions on the issue(s) submitted. Decisions The arbitrator’s decision shall be rendered not later than twenty (20) days from the date of the arbitrator closing of the hearings or if oral hearings have been waived, then from the date final statements and proof are submitted to him/her, and shall be final and binding on both partiesupon the Association, its members, all employees covered by this agreement, and the District. The arbitrator shall not have the will be without power or authority to add to, subtract from, modifydisregard, change alter, or alter modify any of the provisions terms of this Collective Bargaining Agreement, nor add to detract from or modify shall he/she make any decisions which require the language therein arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority to rule contrary to the law commission of the State of Ohio unless provided to the contrary an act prohibited by ORC 4117. The arbitrator shall expressly confine himself/herself to the precise issues(slaw. (c) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observation of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of the Contract. The cost for arbitration the services of the arbitrator, including per diem expenses, shall be paid borne equally by the loserBoard and the Association. All other expenses shall be borne by the party incurring them, and neither party will be responsible for the expense of witnesses called by the other. Bargaining unit members required by the Association as witnesses shall be released without loss of pay, subject to forty-eight (48) hours written notice to the Assistant Superintendent for Administrative Services and payment by the Association of the cost of the substitute or utilization of an Association day.

Step Three. If the grievant is not satisfied satisfied with the disposition at Step Two and wishes to proceed with his/her grievance, he/she may secure approval of the Association’s Grievance Committee to appeal to arbitration. Within five five (5) days of the receipt of the written decision at Step Two, the Association may request that the grievance be referred to a disinterested third party for arbitration. Such request shall be in writing. Not later than ten (10) days after such notice is given, representatives of the Board of Education and the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide a list of seven (7) names. An arbitrator shall be selected in accordance with FMCS rules. The person so selected shall hold the necessary hearings promptly and issue his/her findings findings and recommendation in writing. Decisions of the arbitrator shall be binding on both parties. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement, nor add to detract from or modify the language therein arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority to rule contrary to the law of the State of Ohio unless provided to the contrary by ORC 4117. The arbitrator shall expressly confine confine himself/herself to the precise issues(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observation of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect effect of law except where limited or restricted by the terms of the Contract. The cost for arbitration shall be paid by the loser.

Step Three. If the grievant is not satisfied with grievance remains unresolved at the disposition conclusion of Step Two, it may be submitted to arbitration at Step Two and wishes to proceed with his/her grievance, he/she may secure approval the request of the Association’s Grievance Committee , provided written notice of the Request for Submission to appeal Arbitra- tion is delivered to arbitration. Within the Board, or its designed, within five (5) days after the date of the receipt Board of Education’s written communication of its decision under Step Two. Following the written decision at Step Twonotice of Request for Submission to Arbitra- tion, the Association may request that and the grievance Board, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be referred to a disinterested third party for arbitration. Such request shall be in writing. Not later than reached within ten (10) days after such notice is given, representatives the day of the Board of Education and Request for Submission to Arbitration, the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide a list of seven (7) names. An arbitrator shall be selected in accordance with FMCS rules. The person so selected shall hold according to the necessary hearings promptly and issue his/her findings and recommendation in writing. Decisions rules of the arbitrator shall be binding on both partiesAmerican Arbitration Asso- ciation. Provided the Board, or its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement, nor add to detract from or modify the language therein arriving at render his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority to rule contrary opinion only with respect to the law of particular grievance submitted and such opinion shall be binding upon the State of Ohio unless provided to Board and the contrary by ORC 4117Association. The arbitrator arbitrator’s fees and expenses shall expressly confine himself/herself to be shared equally by the precise issues(s) submitted for arbitration Board and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observation of opinion which are not directly essential in reaching his/her decisionthe Association. The arbitrator shall not interfere with management prerogatives involving expenses and compensation of any witness or participant in the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of the Contract. The cost for arbitration shall be paid by the loserparty calling such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether the Board has violated an express Article or Section of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any of the terms of this Agreement, nor shall the arbitrator substitute his/her judgment for that of the parties. Section 7: The number of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. a. If the grievant alleged grievance is not satisfied with the disposition at Step Two and wishes to proceed with his/her grievance, he/she may secure approval of the Association’s Grievance Committee to appeal to arbitration. Within five (5) days of the receipt of the written decision settled at Step Two, the Association matter may request that the grievance be referred to a disinterested third party for arbitration. Such request shall be in writingEither party may refer the matter to arbitration, provided that notice to refer the matter is given to the other party within ten (10) days from the date of the President’s written decision at Step Three. Not later than Within ten (10) days after such notice is giventhe date of the written request for arbitration, representatives a committee of the Board of Education or its designated representative and the Association or its designated representative shall meet make every reasonable effort to select agree upon a mutually acceptable arbitrator. b. If the third party; if parties are unable to agreeagree on an arbitrator within the time period set forth herein, either the party or seeking arbitration shall file a request with the parties jointly shall petition in writing American Arbitration Association to the Federal Mediation and Conciliation Service to provide submit a list of seven (7) names. An arbitrator shall be selected in accordance with FMCS rules. The person so selected shall hold the necessary hearings promptly and issue his/her findings and recommendation in writing. Decisions of the arbitrator shall be binding on both partiesqualified arbitrators. The arbitrator shall not have then be selected according to the authority to add to, subtract from, modify, change or alter any rules of the provisions of this Collective Bargaining Agreement, nor add to detract from or modify American Arbitration Association. c. The Arbitrator shall hear the language therein arriving at grievance in dispute and shall render his/her decision concerning any issue presented that is proper within in writing as soon as possible after the limitations expressed hereinclose of the hearing. Nor The Arbitrator's decision shall the arbitrator have the authority to rule contrary set forth findings and conclusions with respect to the law of the State of Ohio unless provided issues submitted to the contrary by ORC 4117arbitration. The arbitrator Arbitrator's decision shall expressly confine himself/herself to be final and binding upon the precise issues(semployer, the Association, and the employee or employee(s) submitted for arbitration and involved. d. The Arbitrator shall have no authority except to decide any other issue(s) not so submitted pass on alleged violations of the expressed provisions of this Agreement and to him/her determine disputes involving the application or to submit observation interpretation of opinion which are not directly essential in reaching his/her decisionsuch expressed provisions. The arbitrator Arbitrator shall construe this Agreement in a manner which does not interfere with management prerogatives involving the exercise of the Board’s discretion's rights and responsibilities, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where they have been expressly and clearly limited or restricted by the terms of this Agreement. e. The Arbitrator shall have no authority except to pass on alleged violations of the Contractexpressed provisions of this Agreement and to determine disputes involving the application or interpretation of such expressed provisions. The cost Arbitrator shall construe this Agreement in a manner which does not interfere with the exercise of the Board’s rights and responsibilities, except where they have been expressly and clearly limited by the terms of this Agreement. f. The Arbitrator's fees and expenses shall be shared by the Employer and the Association equally. The expenses and compensation for attendance of any employee, witness, or participant in the arbitration shall be paid by the loserparty calling such employee, witness, or requesting such participation. g. The filing of the grievance shall in no way interfere with the right of the Board to proceed in carrying out its management responsibilities, subject to the final decision of the grievance. h. In the event the alleged grievance involves an order, requirement, etc., the grievant shall fulfill or carry out such order or requirement, etc., pending the final decision of the grievance. i. Nothing contained herein shall be construed as limiting the right of any Instructor having a grievance to discussing and having it resolved informally with the employer, provided that the Association be given the opportunity to be present at the hearings or meetings of such grievance and that the final decision by the Employer is not inconsistent with the terms of this Agreement. j. It is understood by the parties that no grievance shall be filed or based upon any prior or previous agreement or upon any alleged grievance occurring prior to the effective date of this agreement. k. Nothing contained herein shall be construed as a waiver or precedent by any action or lack of action taken by the Employer.

Step Three. If In the grievant event the grievance is not satisfied with resolved to the disposition at Step Two and wishes to proceed with his/her grievance, he/she may secure approval satisfaction of the Association’s Grievance Committee to appeal to arbitration. Within five (5) days of the receipt of the written decision grievant at Step Two, or in the Association may request that event the grievance be referred to Township Committee, has not served a disinterested third party for arbitration. Such request shall be in writing. Not later than ten timely response at Step Two, then within fifteen (1015) days after such notice is giventhe response set forth in Step Two, representatives the grievant may notify the Township Committee or its designee, in writing, of the Board of Education and the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide a list of seven (7) names. An arbitrator shall be selected in accordance with FMCS rules. The person so selected shall hold the necessary hearings promptly and issue his/her findings and recommendation in writingintent to submit the grievance to the New Jersey Board of mediation or the Public Employment Relations Commission for binding arbitration. Decisions of If the arbitrator shall be binding on both partiesgrievance is so submitted: 1. The arbitrator shall not be required to deliver parties a written award, coupled with a written opinion setting forth detailed reasons, findings of fact, and conclusions of law utilized in making his award, by no later than thirty (30) days from the date of closing of the hearings, or if oral hearings have been waived, then from the date of transmitting the final statements and proof to the arbitrator. The arbitrator expressly has no authority to modify, add to, subtract from, modifyor in any way whatsoever, change or alter any of the provisions of this Collective Bargaining Agreement. 2. Grievance meetings and hearings shall be held at mutually acceptable times and places. The grievant shall have at his request a representative from the bargaining unit and/or a labor consultant to assist in the resolution of the grievance at such meetings and hearings. 3. The fees, nor add to detract from or modify the language therein arriving at his/her decision concerning any issue presented that is expenses, and all other proper within the limitations expressed herein. Nor shall charges of the arbitrator have shall be divided equally between the authority parties; however, each party shall bear his own additional costs. 4. All grievance hearings scheduled in accordance with the provisions hereof shall be so scheduled so as to rule contrary avoid time off from regular scheduled shifts. However, in the event a grievant, or witness called by him, is on duty, he shall be permitted to attend the law said hearing without reduction or loss of pay. 5. No reprisals of any kind shall be taken by the Township, or any agent thereof, against any grievant or party participating in a grievance procedure or any member of the State bargaining unit by reason of Ohio unless provided such participation. 6. All grievance hearings, conducted as outlined herein, shall be conducted in private and shall be attended by the respective parties and/or their representatives, in addition to any witnesses produced by either party for the contrary purpose of testifying at such hearing. 7. All time limits contained in the Article of the Agreement may be extended by ORC 4117mutual consent. The arbitrator Unless such time limits are so extended, the failure to observe the time limits herein stated for the presentation of the grievance or submission of said grievance to arbitration shall expressly confine himself/herself constitute an abandonment of said grievance or right to the precise issues(s) submitted for arbitration and shall have no authority be deemed a settlement thereof. 8. All days referred to decide any other issue(s) not so submitted to him/her or to submit observation of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of the Contract. The cost for arbitration herein shall be paid by the losercalendar days unless specified otherwise.

Step Three. If the grievant is not satisfied with the disposition at Step Two and wishes to proceed with Superintendent‟s or his/her grievancedesignated representative‟s answer is not satisfactory, he/she the UNION president may secure approval move the grievance to arbitration by notifying the BOARD, within thirty (30) calendar days after receipt of the Association’s Grievance Committee Employer‟s answer at Step 2, of their intent to arbitrate. (1) The parties (the Employer and AFSCME Council 25) shall then attempt to select an Arbitrator. (2) If, within thirty (30) calendar days from the union President‟s “Notice of Intent to Arbitrate”, an Arbitrator has not been mutually selected, the grievance may then be appealed (by AFSCME Council 25) to the American Arbitration Association to be processed in accordance with its Voluntary Labor Arbitration Rules. (3) The Arbitrator shall render his/her award, which shall include a written opinion, not later than thirty (30) calendar days after the date on which the hearings were concluded, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the Arbitrator. (4) The award of the Arbitrator shall be accepted as final and binding on the UNION, its members, the employee or employees involved, and the BOARD. There shall be no appeal from an arbitrator‟s decision if said decision is within the scope of the Arbitrator‟s authority as described below, or if no fraud, collusion or duress is present. The Union shall not then, by any other means, attempt to arbitration. Within five bring about a different resolution of the grievance. (5) days The fees and expenses of the receipt Arbitrator shall be shared equally by the BOARD and the UNION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the written decision at Step Two, the Association may request that the grievance be referred to a disinterested third party for arbitration. Such request American Arbitration Association. (6) It shall be in writing. Not later than ten (10) days after such notice is given, representatives the function of the Board of Education Arbitrator, and the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide a list of seven (7) names. An arbitrator s/he shall be selected in accordance with FMCS rules. The person so selected shall hold the necessary hearings promptly and issue empowered except as his/her findings and recommendation powers are limited below, after due investigation, to make a decision in writing. Decisions cases of alleged violations, misinterpretations, or misapplications of any of the arbitrator terms of this Agreement. (a) He shall be binding on both parties. The arbitrator shall not have the authority no power to add to, subtract from, modifydisregard, change alter, or alter modify any of the provisions terms of this Collective Bargaining Agreementagreement. His/her powers shall be limited to deciding whether the BOARD has violated, misapplied or misinterpreted any of the express terms of this agreement. It is understood that any matter that is not specifically set forth in this agreement shall not be subject to arbitration. (b) He shall have no power to decide any question which under this agreement is within the authority of the BOARD to decide, nor add to detract from or modify the language therein arriving at shall s/he substitute his/her decision concerning any issue presented judgment for that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority to rule contrary to the law of the State of Ohio unless provided to the contrary by ORC 4117. The arbitrator shall expressly confine himself/herself to the precise issues(sBOARD. (c) submitted for arbitration and He shall have no authority power to decide consider the provisions of any other issue(sconstitutional, statutory, or common law in the resolution of any grievance. (7) not so submitted to him/her or to submit observation If the BOARD disputes the arbitrability of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board grievance under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of this agreement, the Contract. The cost for arbitration Arbitrator shall first determine whether s/he has jurisdiction to act, and if s/he finds that s/he has no such power the grievance shall be paid by referred back to the loserparties without decision or recommendation on its merits. (8) The BOARD shall not be required to pay back compensation for more that eleven (11) calendar days prior to the date the grievance was filed. a. No decision in any one case shall require a retroactive adjustment in compensation in any other case. (9) Any grievance occurring during the period between the termination date of this agreement and the effective date of this agreement and the effective date of the new agreement shall not be arbitral.

Step Three. If the grievant grievance is not satisfied with the disposition at Step Two and wishes to proceed with his/her grievance, he/she may secure approval of the Association’s Grievance Committee to appeal to arbitration. Within five (5) days of the receipt of the written decision resolved at Step Two, the Association may request that submit the grievance be referred to a disinterested third party for final and binding arbitration. Such request If a demand for arbitration is not filed within thirty (30) days of the date of the Step Two decision, the grievance shall be in writingdeemed withdrawn. Not later than ten The parties shall jointly request the American Arbitration Association (10A.A.A.) days after such notice is given, representatives of the Board of Education and the Association shall meet to select the third party; if unable submit to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide them a list of seven (7) names. An arbitrator shall be selected eligible arbitrators' names and qualifications in accordance with FMCS rulesthe American Arbitration Association's Voluntary Labor Arbitration Rules. Either party may reject one list in its entirety and request that another list be submitted. From the final list, the parties shall alternately strike one name, with the party initiating arbitration striking first, until only one name remains. That individual shall serve as the arbitrator. The person arbitrator so selected shall hold the necessary hearings promptly and issue be jointly notified of his/her findings selection and recommendation requested to contact the parties with respect to scheduling the hearing. If the individual selected cannot serve, the parties shall request another list and repeat the striking process to determine another arbitrator to serve. Failure of a party to act with regard to striking in writing. Decisions turn within thirty (30) days shall constitute a waiver of the right to select an arbitrator. In such a case, the other party shall select an arbitrator from the list and arbitration shall be binding on proceed. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this contract, both partiesparties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the authority power to add to, subtract from, modifyor modify in any way, change or alter any of the provisions conditions of this Collective Bargaining Agreement. It shall be the function of the arbitrator, nor add to detract from or modify the language therein arriving at and he/she shall be empowered, except as his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority powers are limited below after due investigation, to rule contrary to the law make decisions in cases of alleged violation of the State specific Articles and Sections of Ohio unless provided to the contrary by ORC 4117. The arbitrator shall expressly confine himself/herself to the precise issues(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observation of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of the Contract. The cost for arbitration shall be paid by the loserthis Agreement.

Step Three. If the grievant is not satisfied with the disposition at Step Two and wishes to proceed with Superintendent’s or his/her grievancedesignated representative’s answer is not satisfactory, he/she the UNION president may secure approval move the grievance to arbitration by notifying the BOARD, within thirty (30) calendar days after receipt of the AssociationEmployer’s Grievance Committee answer at Step 2, of their intent to arbitrate. (1) The parties (the Employer and AFSCME Council 25) shall then attempt to select an Arbitrator. (2) If, within thirty (30) calendar days from the union President’s “Notice of Intent to Arbitrate”, an Arbitrator has not been mutually selected, the grievance may then be appealed (by AFSCME Council 25) to the American Arbitration Association to be processed in accordance with its Voluntary Labor Arbitration Rules. (3) The Arbitrator shall render his/her award, which shall include a written opinion, not later than thirty (30) calendar days after the date on which the hearings were concluded, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the Arbitrator. (4) The award of the Arbitrator shall be accepted as final and binding on the UNION, its members, the employee or employees involved, and the BOARD. There shall be no appeal from an arbitrator’s decision if said decision is within the scope of the Arbitrator’s authority as described below, or if no fraud, collusion or duress is present. The Union shall not then, by any other means, attempt to arbitration. Within five bring about a different resolution of the grievance. (5) days The fees and expenses of the receipt Arbitrator shall be shared equally by the BOARD and the UNION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the written decision at Step Two, the Association may request that the grievance be referred to a disinterested third party for arbitration. Such request American Arbitration Association. (6) It shall be in writing. Not later than ten (10) days after such notice is given, representatives the function of the Board of Education Arbitrator, and the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide a list of seven (7) names. An arbitrator s/he shall be selected in accordance with FMCS rules. The person so selected shall hold the necessary hearings promptly and issue empowered except as his/her findings and recommendation powers are limited below, after due investigation, to make a decision in writing. Decisions cases of alleged violations, misinterpretations, or misapplications of any of the arbitrator terms of this agreement. (a) He shall be binding on both parties. The arbitrator shall not have the authority no power to add to, subtract from, modifydisregard, change alter, or alter modify any of the provisions terms of this Collective Bargaining Agreementagreement. His/her powers shall be limited to deciding whether the BOARD has violated, misapplied or misinterpreted any of the express terms of this agreement. It is understood that any matter that is not specifically set forth in this agreement shall not be subject to arbitration. (b) He shall have no power to decide any question which under this agreement is within the authority of the BOARD to decide, nor add to detract from or modify the language therein arriving at shall s/he substitute his/her decision concerning any issue presented judgment for that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority to rule contrary to the law of the State of Ohio unless provided to the contrary by ORC 4117. The arbitrator shall expressly confine himself/herself to the precise issues(sBOARD. (c) submitted for arbitration and He shall have no authority power to decide consider the provisions of any other issue(sconstitutional, statutory, or common law in the resolution of any grievance. (7) not so submitted to him/her or to submit observation If the BOARD disputes the arbitrability of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board grievance under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of this agreement, the Contract. The cost for arbitration Arbitrator shall first determine whether s/he has jurisdiction to act, and if s/he finds that s/he has no such power the grievance shall be paid by referred back to the loserparties without decision or recommendation on its merits. (8) The BOARD shall not be required to pay back compensation for more that eleven (11) calendar days prior to the date the grievance was filed. a. No decision in any one case shall require a retroactive adjustment in compensation in any other case. (9) Any grievance occurring during the period between the termination date of this agreement and the effective date of this agreement and the effective date of the new agreement shall not be arbitral.