Common use of Third Stage Clause in Contracts

Third Stage. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within the period provided in Step 2, 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) days after receiving the Step 2 answer. The School Corporation 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 telephone for the purpose of selecting the arbitrator. The arbitrators 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 having the lowest total numerical rating being 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 total 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. The cost of the arbitrator shall be defrayed as follows: one-half (½) by the Association and/or teacher and one-half (½) by the School Corporation. The hearing before the arbitrator shall be conducted at such times and in such manner as provided by the rules and regulations of the Federal Mediation and Conciliation Service unless otherwise modified by this Agreement or by the mutual agreement of the parties. The arbitration hearing shall be a private proceeding unless otherwise mutually agreed. The decision of the arbitrator shall be binding. The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as other collective bargaining agreements. The function and purpose of the arbitrator is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall decide only those issues submitted. The arbitrator may consider what can fairly be said to have been the intent of the parties if the arbitrator determines that the language was unclear and/or ambiguous. The arbitrator shall have no power to alter, add to, subtract from, or modify the terms of this Agreement. Past practices may be used in interpreting or applying the terms of the Agreement, but may not be used to change the written terms of the Agreement. The Arbitrator does not have the authority to reinstate a teacher to employment with the school corporation. Whenever the parties agree to hold an arbitration hearing during school hours or whenever an arbitrator or the American Arbitration Association mandates the holding of such hearing during school hours, members of the bargaining unit who are scheduled to participate in such proceedings will not suffer loss of pay or credit for days of leave.