Common use of Three - Formal Clause in Contracts

Three - Formal. If the aggrieved employee and the Union are not satisfied with the disposition at Level Two, they may request that the issue be submitted to arbitration within fourteen (14) days after receipt of the written notice of the action taken by the Superintendent or his/her designee. The arbitrator shall be selected by the Superintendent and the Union from a list of seven names submitted by the Federal Mediation and Conciliation Service. If the parties cannot agree on the selection of an arbitrator, the Federal Mediation and Conciliation Service shall submit a second list of seven names from which the parties will alternately strike names from the list until only one name remains, who shall be arbitrator. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Master Agreement, board policy, administrative rules or regulations, public laws, and statutes and shall be prohibited from making any decision contrary to law. The arbitrator shall issue his/her disposition of the grievance, in writing, within ten (10) working days after hearings or in accordance with arbitration rules. If the grievant prevails, he/she shall be made whole within thirty (30) working days after the disposition has been received from the arbitrator. The arbitrator shall make his/her report to the Superintendent and the president of the Union. The decision of the Arbitrator shall be final and binding. The cost of the arbitration shall be divided equally between the parties. The costs shall include only the arbitrator's fee and a transcript, if required by the Superintendent/designee and the president of O.A.P.S.E.

Three - Formal. If the aggrieved employee and the Union are not satisfied with the disposition at Level Two, they may request that the issue be submitted to arbitration within fourteen (14) days after receipt of the written notice of the action taken by the Superintendent or his/her designee. The arbitrator shall be selected by the Superintendent and the Union from a list of seven names submitted by the Federal Mediation and Conciliation Service. If the parties cannot agree on the selection of an arbitrator, the Federal Mediation and Conciliation Service shall submit a second list of seven names from which the parties will alternately strike names from the list until only one name remains, who shall be arbitrator. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Master Agreement, board policy, administrative rules or regulations, public laws, and statutes statues and shall be prohibited from making any decision contrary to law. The arbitrator shall issue his/her disposition of the grievance, in writing, within ten (10) working days after hearings or in accordance with arbitration rules. If the grievant prevails, he/she shall be made whole within thirty (30) working days after the disposition has been received from the arbitrator. The arbitrator shall make his/her report to the Superintendent and the president of the Union. The decision of the Arbitrator shall be final and binding. The cost of the arbitration shall be divided equally between the parties. The costs shall include only the arbitrator's fee and a transcript, if required by the Superintendent/designee and the president of O.A.P.S.E.O. A. P.S.E.