Common use of Third Stage - Arbitration Clause in Contracts

Third Stage - Arbitration. If the Association is not satisfied with the disposition of a grievance, or if no disposition has been made within the period provided in Stage Two, the grievance shall, upon motion of the Association be submitted to binding arbitration before an impartial arbitrator. The Association shall serve written notice to the Superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within twenty (20) work days after receiving the Stage Two answer. The Board recognizes the right of the Association to initiate a request for a panel submission and that FMCS is authorized to provide such panel upon such request. Following submission of a panel of arbitrators to each party by the FMCS, a representative of each party shall within five (5) days of receipt of said panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference, with one being the first choice, two being the second choice and so on down the line. Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator. The arbitrator whose names have been crossed out by either party shall not be appointed. The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himself/herself. In the event an arbitrator disqualifies himself/herself, the arbitrator with the next lower numerical rating will be requested to hear the case. This procedure shall be followed until an arbitrator is selected. The conduct of all proceedings hereunder shall be in accord with the Code of Professional Responsibility for Arbitrators of Labor Management Disputes as adopted by the National Academy of Arbitrators, The American Arbitration Association and the FMCS. All costs of the aforementioned proceedings shall be defrayed as follows: One-half (1/2) by the teacher and/or Association and one- half (1/2) by the Board. The arbitrator shall not be bound by formal rules of evidence; however, normal cross-examination rights will be maintained. a. The arbitrator may not add to, subtract from, or modify the express terms of the collective bargaining contract. b. No consideration will be given to any evidence, allegation, or remedy that had not been disclosed to the other party at lease twenty-one (21) days prior to the hearing. c. The time limits will be strictly observed but may be extended by mutual agreement of the parties. d. All meetings held under the terms of the grievance procedure shall be held in private unless mutually agreed that it is to be a public meeting. e. No reprisal or punitive action of any kind shall be taken by either party against either party of interest or by a participant in the grievance procedure by reasons of such participation. f. The record of the grievance procedure will be kept separately from the personnel files of the teacher.