Common use of Arbitration Procedure Clause in Contracts

Arbitration Procedure. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two of the grievance procedure, and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived and the grievance shall be considered settled. a. The Board and the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven (7) days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. The cost of the services of the arbitrator and the fee of the American Arbitration Association shall be equally shared by the parties. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).

Arbitration Procedure. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two of the grievance procedure, and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived and the grievance shall be considered settled. a. The Board and the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven (7) days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ Garrett County. b. The jurisdiction and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. The cost of the services of the arbitrator and the fee of the American Arbitration Association shall be equally shared by the parties. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).

Arbitration Procedure. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two of the grievance procedure, and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived and the grievance shall be considered settled. a. (1) The Board and the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven (7) days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. (2) The jurisdiction and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. (3) The cost of the services of the arbitrator and the fee of the American Arbitration Association shall be equally shared by the parties. d. (4) The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member teacher-witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members teachers being willing and able to "cover" for said unit memberteacher-witness(es).

Arbitration Procedure. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two A. Within ten (10) work days after receipt of the grievance written notice of intent to file under the arbitration procedure, the Director of Human Resources or their authorized representative and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty more than two (202) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived other representatives of Management and the grievance Staff Representative or their authorized representative and not more than two (2) other representatives of the Union shall be considered settled. a. The Board and meet for the Association will attempt purpose of attempting to agree upon a mutually acceptable resolve the dispute and/or selecting an impartial arbitrator. If the parties are unable to agree within seven (7) days after Association's noticeno agreement is reached at this meeting, a request by either party for joint letter requesting the Federal Mediation and Conciliation Service (FMCS) to submit a list of arbitrators may will be made to the American Arbitration Associationsigned and mailed. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings An arbitrator shall be held selected in ▇▇▇▇▇▇▇ County. b. The jurisdiction accordance with the FMCS voluntary labor arbitration rules, unless the parties mutually select an arbitrator. A date for arbitration shall be set as soon as possible in accordance with the wishes of Management, the Union and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award availability of the arbitrator, in writing, . B. All decisions of arbitrators and all pre-arbitration grievance settlements reached between Management and the Union shall be final and binding on the AssociationCity, the grievant Union, and the Boardemployees. Pre-arbitration grievance settlements shall not necessarily establish a precedent for future relationships between the Union and the Management; both Management and the Union shall share equally in the expenses and fees of the arbitrator and other expenses incident to the arbitration hearing, provided that Management is responsible for all room and food costs; if Management requires a neutral hearing location. C. It is understood that the time limits imposed in this article may be extended at any step by mutual written agreement. Likewise, any step in the grievance procedure may be eliminated by mutual consent. It is further understood that the word “day” as used in the grievance procedure is defined to mean “work day” unless held contrary otherwise specified. D. The arbitrator shall neither add to law or State Board By-Lawnor subtract from nor modify the language of this Agreement in arriving at a determination within the limitations expressed herein. The arbitrator will shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to add todetermine any other issues not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall issue a decision within thirty (30) calendar days after submission of the case to him/her. E. A policy grievance is a grievance which, alterif resolved in favor of the Union, amend applies to all employees equally. Such grievances may initially be presented by the Union at Step 2, Step 3, or modify any provision Step 4 of the grievance procedure. F. There shall be a regular quarterly meeting between Management and the Union to discuss matters of mutual interest relating to the employees covered by this Agreement. c. The cost of the services of the arbitrator and the fee of the American Arbitration Association . Each party shall be equally shared by the partiesentitled to not more than six (6) representatives. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).

Arbitration Procedure. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two A. Within ten (10) work days after receipt of the grievance written notice of intent to file under the arbitration procedure, the Director of Human Resources or his/her authorized representative and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty more than two (202) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived other representatives of Management and the grievance Staff Representative or his/her authorized representative and not more than two (2) other representatives of the Union shall be considered settled. a. The Board and meet for the Association will attempt purpose of attempting to agree upon a mutually acceptable resolve the dispute and/or selecting an impartial arbitrator. If the parties are unable to agree within seven (7) days after Association's noticeno agreement is reached at this meeting, a request by either party for joint letter requesting the American Arbitration Association (AAA) to submit a list of arbitrators may will be made to the American Arbitration Associationsigned and mailed. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings An arbitrator shall be held selected in ▇▇▇▇▇▇▇ County. b. The jurisdiction accordance with the (AAA) voluntary labor arbitration rules, unless the parties mutually select an arbitrator. A date for arbitration shall be set as soon as possible in accordance with the wishes of Management, the Union and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award availability of the arbitrator, in writing, . B. All decisions of arbitrators and all pre-arbitration grievance settlements reached between Management and the Union shall be final and binding on the AssociationCity, the grievant Union, and the Boardemployees. Pre-arbitration grievance settlements shall not necessarily establish a precedent for future relationships between the Union and the Management; both Management and the Union shall share equally in the expenses and fees of the arbitrator and other expenses incident to the arbitration hearing, provided that Management is responsible for all room and food costs; if Management requires a neutral hearing location. C. It is understood that the time limits imposed in this article may be extended at any step by mutual written agreement. Likewise, any step in the grievance procedure may be eliminated by mutual consent. It is further understood that the word “day” as used in the grievance procedure is defined to mean “work day” unless held contrary otherwise specified. D. The arbitrator shall neither add to law or State Board By-Lawnor subtract from nor modify the language of this Agreement in arriving at a determination within the limitations expressed herein. The arbitrator will shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to add to, alter, amend determine any other issues not so submitted to him/her or modify any provision to submit observations or declarations of this Agreement. c. opinion which are not directly essential in reaching the determination. The cost of the services of the arbitrator and the fee of the American Arbitration Association shall be equally shared by the parties. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for issue a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).decision within thirty

Arbitration Procedure. Any If a grievance concerning is not settled under the alleged violation Employer’s grievance policy, the Union may refer it to arbitration within thirty (30) calendar days of this agreement that the Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been properly processed through Level One and Level Two served on the Union, or the grievance will be deemed to have been resolved on the basis of the grievance procedure, Employer’s last answer and has will not been settled or waived, may be appealed arbitrable. It is understood and agreed that decision of the Union not to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the exercise its right to request arbitration shall be waived final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the grievance Employer may select a permanent Arbitrator or panel of Arbitrators who shall arbitrate grievances. In the event the parties have not selected and arbitrator or a panel, the parties shall request a panel of seven regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The first strike shall be considered settled. a. determined by a coin toss. The Board Union shall submit the unresolved grievance in writing to the Arbitrator with a copy to Employer. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the Employer and the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven (7) days after Association's noticeUnion, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings his decision shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority based solely upon an interpretation of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, Arbitrator so appointed shall be final and binding on upon the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawparties. The arbitrator will Arbitrator shall have no authority to alter, amend, add to, alter, amend subtract from or otherwise modify any provision or change the terms and conditions of this Agreement. c. . Only one grievance shall be submitted to the Arbitrator at a time, unless the parties mutually agree otherwise. The cost of arbitration, which shall include the services fees and expenses of the arbitrator Arbitrator, the Court Reporter and the fee of the American Arbitration Association transcript shall be borne equally shared by the parties. Each party shall pay any fees of its own representatives and witnesses for time lost. Occurrences prior to the execution date or subsequent to the expiration date of this Agreement shall not be subject to arbitration. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).

Arbitration Procedure. Any grievance 1. Only grievances concerning the interpretation, application, or alleged violation of this agreement that has been properly processed through Level One and Level Two any of the terms or provisions of this Agreement and which are not satisfactorily settled under the provisions outlined in Article XXIX may be submitted to arbitration. 2. If the Union desires to submit a grievance procedureto arbitration, it shall notify the Company in writing of such desire within ten (10) days excluding Saturdays, Sundays, and has not been settled or waivedHolidays next following the issuance of the Senior Director Field Operations, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Twofinal decision thereon. Should the Association fail to serve notice within the prescribed time, the right to The board of arbitration shall be waived composed of three members: one member appointed by the Company, one member appointed by the Union, and the grievance shall third member to be considered settled. a. The Board agreed upon between the Company and the Association Union from a panel of five arbitrators designated by the Federal Mediation and Conciliation Service. The parties shall have fourteen (14) days from the date the panel is received to alternate striking names from the panel. The first strike will attempt be determined by type of grievance: procedural grievance – the Union; discipline grievance – the Company.If agreement cannot be reached on the selection of an arbitrator from the panel designated by the Federal Mediation and Conciliation Service, the party requesting arbitration shall proceed forthwith to agree upon a mutually acceptable strike the names of two nominees, following which the other party shall forthwith strike two names of the remaining three names, and the remaining nominee shall serve as the third arbitrator. If the parties are unable to agree within seven (7) days after Association's notice, a request by either party for a list of arbitrators may be made to Company member on the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction Board and the authority Union member on the Arbitration Board cannot agree upon a settlement, the decision of the arbitrator selected from the panel appointed by the Federal Mediation and Conciliation Service shall constitute the opinion and award shall be confined to the provisions of this Agreement. The award decision of the arbitrator, in writing, Board of Arbitration and shall be final and binding on both the Association, the grievant Company and the Board, unless held contrary Union. Each party shall bear the fees and expenses of the arbitrator appointed by it and shall share equally the fees and expenses of the third arbitrator and any other expenses necessary to law or State Board By-Lawthe arbitration. 3. The arbitrator will arbitrators to whom any grievances shall be submitted in accordance with the provisions of this Article shall have no jurisdiction and authority only to add to, alter, amend or modify any provision interpret and apply the provisions of this Agreement. c. The cost of the services of the arbitrator and the fee of the American Arbitration Association , insofar as shall be equally shared by necessary to the parties. d. The grievant determination of such grievance, and one witness shall not have jurisdiction or authority to alter or amend in any way the provisions of this Agreement or any agreements made supplementary thereto. Any case appealed to any such arbitrators on which such arbitrators have no power to rule shall be released referred back to the parties without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es)decision.

Arbitration Procedure. 1. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One One, Two, and Level Two Three of the grievance procedure, and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty thirty (2030) days after the Superintendent's response at Level TwoThree response. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived and the grievance shall be considered settled. a. 2. The Board and the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven ten (710) days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ Garrett County. b. 3. The jurisdiction and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawlaw. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. 4. The cost of the services of the arbitrator and the fee of the American Arbitration Association shall be equally shared by the parties. d. 5. The grievant and one witness required witness(es) shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not of time required to exceed two hours on travel to/from the basis of other unit members being willing location and able time to "cover" for said unit member-witness(es)testify.

Arbitration Procedure. Any Section 10.1 In the event a grievance concerning the alleged violation of this agreement that has been properly is unresolved after being processed through Level One and Level Two all steps of the grievance procedure, and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board then within twenty fourteen (2014) days after the Superintendent's response rendering of the decision at Level Two. Should the Association fail to serve notice within the prescribed timeStep 3, the right to arbitration shall be waived and GMP may submit the grievance shall be considered settled. a. The Board and to arbitration. Within this fourteen (14) day period, the Association parties will meet to attempt to mutually agree upon a mutually acceptable an arbitrator. If the parties are unable to agree within seven (7) days after Association's noticeagree, a request by either party for then a list of arbitrators may will be made requested from the Federal Mediation and Conciliation Services. Section 10.2 The arbitrator shall have no power or authority to add to, subtract from, or in any manner, alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by law or to make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. The arbitrator shall not Section 10.3 The arbitrator has the authority to determine if a grievance is subject to this arbitration procedure. If either party contests the arbitrability of a grievance, this issue will be placed first before the arbitrator. Section 10.4 The hearing or hearings shall be conducted pursuant to the American Arbitration Association. Parties will then be bound by the rules and procedures "Rules of Voluntary Arbitration" of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. Section 10.5 The jurisdiction fees and the authority expenses of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. The cost of the services of the arbitrator and the fee of the American Arbitration Association shall hearing room, if any, will be borne equally shared by the parties. d. The grievant Section 10.6 An employee requested to appear at the arbitration hearing by either party and one witness whose presence is necessary shall attend without the necessity of subpoena. Any request made by either party for the attendance of witnesses shall be released without loss made in good faith and shall not unreasonably interfere with operation of pay the Departments. Section 10.7 The Union agrees to indemnify and hold the Employer harmless against all claims, demands, suits or benefits, as necessary, other forms of liability that may arise out of a determination that the Union failed to participate in fairly represent a member of the bargaining unit under the provisions of the grievance or and arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours procedure. Section 10.8 The arbitrator's decision and award will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing in writing and able to "cover" for said unit member-witness(es).delivered within thirty

Arbitration Procedure. Any If a grievance concerning is not settled in the alleged violation of this agreement that has been properly processed through Level One and Level Two course of the grievance procedureprocedure it may be referred to Arbitration by written notice signed by the President of or designate, and has not been settled or waived, may be appealed given to the arbitration procedure by Senior Director Division of Human Resources, or vice versa, no later than twenty (20) days from the Association by serving written notice receipt of the answer at STEP TWO. This referral to the Board Arbitration must be made within twenty (20) days after of the Superintendent's response answer at Level TwoSTEP TWO of the Grievance Procedure, it being understood that this time limit is mandatory. Should the Association fail to serve notice within the prescribed time, the right to arbitration Grievances shall be waived and heard by a Board of Arbitration. The party referring the grievance to Arbitration shall be considered settled. a. at the same time name its appointee to the Board of Arbitration. The other party shall, within ten (10) days, provide written notice of its appointee to the Board and of Arbitration. The two appointees shall, within ten (10) days, agree on the Association will attempt selection of the Chair of the Board of Arbitration. If the appointees are unable to agree, either appointee may apply to the Minister of Labour for the appointment of a Chair of the Board of Arbitration. Notwithstanding Article the parties may mutually agree upon in writing to proceed by way of a mutually acceptable arbitratorsingle arbitrator to hear the grievance. If the parties are unable to agree within seven twenty (720) days after Association's noticeof the referral to Arbitration as to who will act as the single arbitrator, a request by either party for a list of arbitrators may be made apply to the American Arbitration Association. Parties will then be bound by Minister of Labour for the rules and procedures appointment of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreementa single arbitrator. The award of Arbitrator or Arbitration Board shall hear and determine the arbitratordispute referred to it and his, in writing, her or its decision shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawparties. The arbitrator will Arbitrator or Arbitration Board does not have no authority any jurisdiction to alter, amend, add to, alter, amend or modify subtract from any provision of this Agreement. c. . Each party shall bear its own legal expenses of Arbitration including its nominee to a Board of Arbitration. The cost fees and expenses of the services Arbitrator, or the Chair of the arbitrator and the fee of the American Arbitration Association Board, shall be equally shared by divided between the parties. d. The grievant and one witness . No matter may be submitted to Arbitration which has not been properly carried through the Grievance procedure. Seniority under this Agreement shall be released without loss of pay or benefits, accrue as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).follows:

Arbitration Procedure. Any If a grievance concerning is not settled under the alleged violation Employer’s grievance policy, the Union may refer it to arbitration within thirty (30) calendar days of this agreement that the Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been properly processed through Level One and Level Two served on the Union, or the grievance will be deemed to have been resolved on the basis of the grievance procedure, Employer’s last answer and has will not been settled or waived, may be appealed arbitrable. It is understood and agreed that decision of the Union not to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the exercise its right to request arbitration shall be waived final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the grievance Employer may select a permanent Arbitrator or panel of Arbitrators who shall arbitrate grievances. In the event the parties have not selected and arbitrator or a panel, the parties shall request a panel of seven regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The first strike shall be considered settled. a. determined by a coin toss. The Board Union shall submit the unresolved grievance in writing to the Arbitrator with a copy to Employer. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the Employer and the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven (7) days after Association's noticeUnion, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings his decision shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority based solely upon an interpretation of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, Arbitrator so appointed shall be final and binding on upon the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawparties. The arbitrator will Arbitrator shall have no authority to alter, amend, add to, alter, amend subtract from or otherwise modify any provision or change the terms and conditions of this Agreement. c. . Only one grievance shall be submitted to the Arbitrator at a time, unless the parties mutually agree otherwise. The cost of arbitration, which shall include the services fees and expenses of the arbitrator Arbitrator, the Court Reporter and the fee of the American Arbitration Association transcript shall be borne equally shared by the parties. d. The grievant . Each party shall pay any fees of its own representatives and one witness witnesses for time lost. Occurrences prior to the execution date or subsequent to the expiration date of this Agreement shall not be released without loss of pay or benefits, as necessary, subject to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).arbitration.‌

Arbitration Procedure. Any 9.1 In the event a grievance concerning is not resolved at the alleged violation Corporate Step, within fifteen (15) days from the denial or the date the response was due the grievance may be referred to arbitration by serving a written demand for arbitration upon the Employer or Union representative, as appropriate. The demand for arbitration shall set forth the grievance in the exact form as originally submitted. Arbitrations shall be scheduled in the order grievances are filed, with the exception of this agreement that has been properly processed through Level One grievances for termination. The Grieving Party shall notify the Federal Mediation and Level Two Conciliation Service of the grievance procedure, demand for arbitration and has not been settled or waived, may request a panel of seven (7) Arbitrators to be appealed provided to the arbitration procedure by parties within thirty (30) days of the Association by serving written notice to proceed. 9.2 Thereafter, within sixty (60) calendar days of receipt of the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed timelist of arbitrators, the right Parties shall confer to arbitration shall be waived and select an Arbitrator to hear the grievance shall be considered settled. a. The Board and the Association will attempt to agree upon a mutually acceptable arbitratormatter. If the parties Parties are unable to agree within seven (7) days after Association's noticeto the selection of an Arbitrator, they shall alternately strike Arbitrator’s from the list until only one name remains. If both parties are in agreement a request by either party for a list of arbitrators second and subsequent panels may be made requested to facilitate a more timely and fruitful hearing. The opportunity to strike the first name shall be by coin toss. 9.3 At the Arbitration hearing the respective representatives of the Parties shall set forth their submission of the issue to the American Arbitration AssociationArbitrator. Neither Party may deviate from the position taken in its submission of the grievance as initially set forth, or its response thereto. 9.4 The Parties will then shall have the right to present all witnesses and evidence as may be bound determined by the rules Arbitrator to be relevant and procedures material to the proceedings. 9.5 The Arbitrator shall have no power to add to, delete from or otherwise in any way, to modify any term of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority Agreement, or to rule upon any matter that arose outside of the arbitrator and the opinion and award shall be confined to the provisions term of this Agreement. The award Arbitrator’s decision shall be based solely upon the allegations specifically set out in the grievance and the relevant evidence and arguments of the arbitratorParties. The Arbitrator’s decision shall identify the specific provision of the Agreement which has been allegedly violated, along with the basis for the Arbitrator’s interpretation of that provision. 9.6 The Arbitrator shall have no power to establish, change or modify, any rate of pay, wages or benefit set forth in writing, the Agreement. 9.7 The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her and will normally be rendered within ninety (90) days of the latter of the close of the hearing or submission of post-hearing briefs (unless extended by agreement of the parties). 9.8 The Arbitrators Decision and Award shall be final and binding on between the Associationparties, to the grievant extent that it is consistent with the terms and provisions of the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision of this AgreementFederal Arbitration Act. c. 9.9 The expenses incurred by the Arbitrator and his compensation shall be shared equally by the Parties. Each Party shall bear the cost of its own witnesses and all costs attendant to the services presentation of its case. 9.10 Any award of reinstatement or compensation for lost wages shall not be retroactive beyond ten (10) working days prior to the filing of the arbitrator and written grievance at the fee Local Step of the American Arbitration Association Grievance Procedure. Any award for back wages shall be equally shared mitigated by the Grievant’s receipt of unemployment compensation; intervening earnings or other mitigating factor as may be found by the Arbitrator and as prescribed by relevant law. 9.11 Unless agreed by the Parties to the contrary, only one grievance may be heard at any single proceeding. 9.12 At any stage of the grievance procedure either party may settle the grievance by providing the relief requested therein, or which may be available under the Agreement, whichever is less or as otherwise agreed to by the parties. Unless otherwise agreed by the parties, any settlement shall be treated as a non-admission, non-precedent resolution thereof. d. 9.13 The grievant and one witness shall be released without loss Parties may agree to undertake voluntary non-binding mediation of pay or benefitsany grievance, as necessary, an alternative to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es)Arbitration.

Arbitration Procedure. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two of the grievance procedure, and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration Discovery shall be waived and under the grievance U.S. Federal Rules of Civil Procedure. The Arbitration shall be considered settled. a. The Board and held in the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven (7) days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by continental U.S. under the rules and procedures of the American Arbitration AssociationAssociation (“AAA”). All The arbitration hearings shall be held conducted by three (3) arbitrators who are knowledgeable in ▇▇▇▇▇▇▇ County. b. The jurisdiction the subject matter at issue in the dispute. One (1) arbitrator will be selected by Stressgen, one (1) arbitrator will be selected by Roche and the authority third arbitrator will be selected by mutual agreement of the arbitrator two (2) arbitrators selected by the Parties. The arbitrators may proceed to an award, notwithstanding the failure of either Party to participate in the proceedings. The arbitrators shall, within fifteen (15) calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the opinion essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrators shall be confined authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages or punitive damages, or to reform, modify or materially change this Agreement or any other agreements contemplated hereunder. The arbitrators also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the provisions arbitrators deem just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The award of the arbitratorarbitrators shall be the sole and exclusive remedy of the Parties. Judgment on the award rendered by the arbitrators may be enforced in any court having competent jurisdiction thereof, subject only to revocation on grounds of fraud or clear bias on the part of the arbitrators. Notwithstanding anything contained in this Section 18.6 to the contrary, each Party shall have the right to institute judicial proceedings against the other Party or anyone acting by, through or under such other Party, in writingorder to enforce the instituting Party’s rights hereunder through specific performance, injunction or similar equitable relief. Each Party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrators; provided, however, that the arbitrators shall be final authorized to determine whether a Party is the prevailing Party, and if so, to award to that prevailing Party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges and travel expenses), and/or the fees and costs of the arbitrators. Absent the filing of an application to correct or vacate the arbitration award as permitted by applicable law, each Party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. By agreeing to this binding on the Associationarbitration provision, the grievant Parties understand that they are waiving certain rights and protections which may otherwise be available if a dispute between the BoardParties were determined by litigation in court, unless held contrary including, without limitation, the right to law seek or State Board By-Law. The arbitrator will have no authority obtain certain types of damages precluded by this provision, the right to add toa jury trial, altercertain rights of appeal, amend or modify any provision and a right to invoke formal rules of this Agreementprocedure and evidence. c. The cost of the services of the arbitrator and the fee of the American Arbitration Association shall be equally shared by the parties. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).

Arbitration Procedure. Any If a grievance concerning is not settled under the alleged violation Employer’s grievance policy, the Union may refer it to arbitration within thirty (30) calendar days of this agreement that the Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been properly processed through Level One and Level Two served on the Union, or the grievance will be deemed to have been resolved on the basis of the grievance procedure, Employer’s last answer and has will not been settled or waived, may be appealed arbitrable. It is understood and agreed that decision of the Union not to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the exercise its right to request arbitration shall be waived final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the grievance Employer may select a permanent Arbitrator or panel of Arbitrators who shall be considered settled. a. The Board and arbitrate grievances. In the Association will attempt to agree upon a mutually acceptable arbitrator. If event the parties are unable to agree within have not selected and arbitrator or a panel, the parties shall request a panel of seven (7) days after Association's notice, regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The first strike shall be determined by a request by either party for a list of arbitrators may be made coin toss. The Union shall submit the unresolved grievance in writing to the American Arbitration AssociationArbitrator with a copy to Employer. Parties will then be bound The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the rules Employer and procedures of the American Arbitration Association. All arbitration hearings Union, and his decision shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority based solely upon an interpretation of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, Arbitrator so appointed shall be final and binding on upon the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawparties. The arbitrator will Arbitrator shall have no authority to alter, amend, add to, alter, amend subtract from or otherwise modify any provision or change the terms and conditions of this Agreement. c. . Only one grievance shall be submitted to the Arbitrator at a time, unless the parties mutually agree otherwise. The cost of arbitration, which shall include the services fees and expenses of the arbitrator Arbitrator, the Court Reporter and the fee of the American Arbitration Association transcript shall be borne equally shared by the parties. Each party shall pay any fees of its own representatives and witnesses for time lost. Occurrences prior to the execution date or subsequent to the expiration date of this Agreement shall not be subject to arbitration. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).

Arbitration Procedure. Any ‌ If a grievance concerning is not settled under the alleged violation Employer’s grievance policy, the Union may refer it to arbitration within thirty (30) calendar days of this agreement that the Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been properly processed through Level One and Level Two served on the Union, or the grievance will be deemed to have been resolved on the basis of the grievance procedure, Employer’s last answer and has will not been settled or waived, may be appealed arbitrable. It is understood and agreed that decision of the Union not to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the exercise its right to request arbitration shall be waived final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the grievance Employer may select a permanent Arbitrator or panel of Arbitrators who shall be considered settled. a. The Board and arbitrate grievances. In the Association will attempt to agree upon a mutually acceptable arbitrator. If event the parties are unable to agree within have not selected and arbitrator or a panel, the parties shall request a panel of seven (7) days after Association's notice, regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The first strike shall be determined by a request by either party for a list of arbitrators may be made coin toss. The Union shall submit the unresolved grievance in writing to the American Arbitration AssociationArbitrator with a copy to Employer. Parties will then be bound The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the rules Employer and procedures of the American Arbitration Association. All arbitration hearings Union, and his decision shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority based solely upon an interpretation of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, Arbitrator so appointed shall be final and binding on upon the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawparties. The arbitrator will Arbitrator shall have no authority to alter, amend, add to, alter, amend subtract from or otherwise modify any provision or change the terms and conditions of this Agreement. c. . Only one grievance shall be submitted to the Arbitrator at a time, unless the parties mutually agree otherwise. The cost of arbitration, which shall include the services fees and expenses of the arbitrator Arbitrator, the Court Reporter and the fee of the American Arbitration Association transcript shall be borne equally shared by the parties. Each party shall pay any fees of its own representatives and witnesses for time lost. Occurrences prior to the execution date or subsequent to the expiration date of this Agreement shall not be subject to arbitration. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es).

Arbitration Procedure. Any 9.01 If a grievance concerning is not settled in the alleged violation of this agreement that has been properly processed through Level One and Level Two course of the grievance procedureprocedure it may be referred to Arbitration by written notice signed by the President of UWOSA, or designate, and has not been settled or waived, may be appealed given to the arbitration procedure by AVP - Division of Human Resources, or vice versa, no later than twenty (20) days from the Association by serving written notice receipt of the answer at STEP THREE. This referral to the Board Arbitration must be made within twenty (20) days after of the Superintendent's response answer at Level TwoSTEP THREE of the Grievance Procedure, it being understood that this time limit is mandatory. 9.02 Grievances shall be heard by a Board of Arbitration. Should The party referring the Association fail grievance to serve Arbitration shall at the same time name its appointee to the Board of Arbitration. The other party shall, within ten (10) days, provide written notice within the prescribed timeof its 9.03 Notwithstanding Article 9.02, the right parties may mutually agree in writing to arbitration shall be waived and proceed by way of a single arbitrator to hear the grievance shall be considered settled. a. The Board and the Association will attempt to agree upon a mutually acceptable arbitratorgrievance. If the parties are unable to agree within seven twenty (720) days after Association's noticeof the referral to Arbitration as to who will act as the single arbitrator, a request by either party for a list of arbitrators may be made apply to the American Arbitration Association. Parties will then be bound by Minister of Labour for the rules and procedures appointment of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ Countya single arbitrator. b. 9.04 The jurisdiction Arbitrator or Arbitration Board shall hear and determine the authority of the arbitrator dispute referred to it, and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitratorhis, in writing, her or its decision shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawparties. The arbitrator will Arbitrator or Arbitration Board does not have no authority any jurisdiction to alter, amend, add to, alter, amend or modify subtract from any provision of this Agreement. c. 9.05 Each party shall bear its own legal expenses of Arbitration including its nominee to a Board of Arbitration. The cost fees and expenses of the services Arbitrator, or the Chair of the arbitrator and the fee of the American Arbitration Association Board, shall be equally shared by divided between the parties. d. The grievant and one witness shall 9.06 No matter may be released without loss of pay or benefits, as necessary, submitted to participate in Arbitration which has not been properly carried through the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es)Grievance procedure.

Arbitration Procedure. Any Section 1. A grievance concerning which is not settled as the alleged violation result of the steps set forth in Article VIII and which meets all of the following qualifications may be arbitrated as hereinafter provided: a. The grievance was submitted in writing within the time limits specified and was signed by the aggrieved employee or employees prior to becoming subject to this Article IX. b. The grievance was processed in accordance with each step of the procedure provided in Article VIII. c. The issue involved in the grievance is limited to the application or interpretation of a specific provision in this Agreement. d. The grievance occurred during a period when this Agreement was in effect. e. The Union submits to the Company, in writing, a request to arbitrate such grievance within fourteen (14) calendar days after receipt of the Management decision as specified in Step 2 of Article VIII. Within fifteen (15) calendar days after the Company receives a written request for arbitration of a grievance which meets the above qualifications, each of the parties to this Agreement shall designate one (1) member to a Board of Arbitration. Section 2. The two arbitrators shall meet within thirty (30) calendar days of receipt of the request for arbitration and endeavor to reach a mutually satisfactory settlement of the grievance. If however, both arbitrators mutually agree, the grievance can be submitted to mediation instead of the two-party arbitration meeting. a. The two arbitrators will select a mutually acceptable third party to mediate the case. Selection of a mediator shall occur within 30 days of the agreement that has been properly processed through Level One for mediation. During the mediation hearing, the mediator will be free to meet with the parties privately and Level Two make every effort to reach a settlement. At the conclusion of the grievance proceduremediation process, and has not been settled or waivedif no settlement is reached, may be appealed the mediator will give an oral non-binding opinion, including the reasons therefore, as to the arbitration procedure final outcome of the case should it be submitted to third party arbitration. There shall be no briefs and no written opinion is required. Expenses and mediator fees will be shared equally by the Company and Union. Section 3. If the dispute is not satisfactorily settled, the Union may request the designation of a third-party arbitrator. Such request shall be made not later than thirty (30) calendar days from the date the Company and Union arbitrators met or mediated the grievance under Section 2 of this Article or the case shall be considered abandoned. a. If the Company and Union arbitrators are unable to agree on a third-party arbitrator, the Union may request a panel from the American Arbitration Association by serving written notice from which to select the Board third arbitrator. If agreement on the selection of a third arbitrator is not reached after receiving five (5) lists from the American Arbitration Association either party may request the American Arbitration Association to select the third arbitrator under the rules of the American Arbitration Association. b. In the case of a discharged employee only, either party may, within twenty (20) calendar days after of the Superintendent's response at Level Tworeceipt or dispatch (as appropriate) of the management decision as specified in Step 2 of Article VIII, file a written request for accelerated arbitration by a tripartite board. Should Upon the Association fail receipt of and concurrent with the dispatch (as appropriate) of such a request, each party shall notify the other of the member it has appointed to serve notice the Board of Arbitration. If, within twenty (20) calendar days of the prescribed timeoriginal request for accelerated arbitration, the right two arbitrators cannot reach agreement on the selection of a third member of the Board of Arbitration, either party may request a panel or panels from which to select the arbitrator under the selection process promulgated in Section 3a above. Unless otherwise provided for under this Section 3(b), all other provisions of this Article shall apply in the accelerated arbitration case of a discharged employee. In the event that accelerated arbitration is not requested, nothing contained within this Section 3(b) shall be waived and preclude the adjudication of such a grievance as otherwise normally provided for under the provisions of this Article. Section 4. If the Board of Arbitration as described in Section 3 has not convened within one hundred eighty (180) calendar days from the date of receipt of the written request for arbitration under Section 1e above because of failure of the Union to proceed to final arbitration within such period, the case shall be considered settledabandoned. a. Section 5. The Board of Arbitration shall have jurisdiction over only one issue at one time and the Association will attempt grievances shall not be grouped or combined for submission to agree upon a mutually acceptable arbitrator. If single Board of Arbitration, unless the parties are unable mutually agree to agree within seven (7) days after Association's noticesuch combination or grouping. All awards of the Board of Arbitration must comply strictly with the provisions of this Article, and any award not so complying shall be null and void and of no binding effect on either party. The Union will initiate grievances as soon as the possibility of a request by either party for a list of arbitrators may be made contract violation is known to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and at the authority location involved. If the Union fails to file the grievance within 30 days of the arbitrator and first date when the opinion and award shall be confined to the provisions possibility of this Agreement. The a violation became known, then any monetary award of the arbitrator, in writing, shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawof Section 6. The arbitrator arbitration provisions contained herein will have no authority to add tonot be used by either of the parties for the purpose of amending, alterrenewing, amend or modify replacing in any provision manner the present Articles of this Agreement. c. Section 7. The cost participation by the Company and/or the Union in an arbitration proceeding under this Agreement and culminating in a Section 8. The expense and compensation of the services arbitrators selected by each party shall be borne by the respective parties. The expense and compensation of the arbitrator third member of the Board of Arbitration shall be divided equally between the Company and the fee Union. The expenses, wages, and any other compensation of any witnesses called before the American Board of Arbitration Association shall be equally shared borne by the partiesparty calling such witnesses. d. The grievant and one witness Section 9. Time limitations specified herein shall apply unless extended by mutual agreement in writing between the parties to take care of unusual cases such as illness or other justified absences. If the time limits specified herein or as extended by mutual agreement are not met by the Union the case shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es)considered abandoned.

Arbitration Procedure. Any 9.01 If a grievance concerning is not settled in the alleged violation of this agreement that has been properly processed through Level One and Level Two course of the grievance procedureprocedure it may be referred to Arbitration by written notice signed by the President of UWOSA, or designate, and has not been settled or waived, may be appealed given to the arbitration procedure AVP – Division of Human Resources, or vice versa, no later than twenty 9.02 Grievances shall be heard by a Board of Arbitration. The party referring the Association by serving written notice grievance to Arbitration shall at the same time name its appointee to the Board of Arbitration. The other party shall, within twenty ten (2010) days after days, provide written notice of its appointee to the Superintendent's response at Level TwoBoard of Arbitration. Should The two appointees shall, within ten (10) days, agree on the Association fail selection of the Chair of the Board of Arbitration. If the appointees are unable to serve notice within agree, either appointee may apply to the prescribed timeMinister of Labour for the appointment of a Chair of the Board of Arbitration. 9.03 Notwithstanding Article 9.02, the right parties may mutually agree in writing to arbitration shall be waived and proceed by way of a single arbitrator to hear the grievance shall be considered settled. a. The Board and the Association will attempt to agree upon a mutually acceptable arbitratorgrievance. If the parties are unable to agree within seven twenty (720) days after Association's noticeof the referral to Arbitration as to who will act as the single arbitrator, a request by either party for a list of arbitrators may be made apply to the American Arbitration Association. Parties will then be bound by Minister of Labour for the rules and procedures appointment of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ Countya single arbitrator. b. 9.04 The jurisdiction Arbitrator or Arbitration Board shall hear and determine the authority of the arbitrator dispute referred to it, and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitratorhis, in writing, her or its decision shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawparties. The arbitrator will Arbitrator or Arbitration Board does not have no authority any jurisdiction to alter, amend, add to, alter, amend or modify subtract from any provision of this Agreement. c. 9.05 Each party shall bear its own legal expenses of Arbitration including its nominee to a Board of Arbitration. The cost fees and expenses of the services Arbitrator, or the Chair of the arbitrator and the fee of the American Arbitration Association Board, shall be equally shared by divided between the parties. d. The grievant and one witness shall 9.06 No matter may be released without loss of pay or benefits, as necessary, submitted to participate in Arbitration which has not been properly carried through the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es)Grievance procedure.

Arbitration Procedure. Any Article 8.01 Each party of this Agreement may refer a grievance to arbitration provided the referral is made within fifteen (15) working days of the written decision described in Article 7.04 or the date the written decision should have been made pursuant to Article 7.04. In the event that the grievance is not referred to arbitration in accordance with this Article, the grievance shall be deemed abandoned. Article 8.02 Both parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of this agreement that Agreement, which has been properly processed carried through Level One and Level Two all the steps of the grievance procedure, procedure outlined in Article 7 above and which has not been settled or waivedsettled, may will be appealed referred to a Board of Arbitration at the arbitration procedure request of either of the parties hereto. Article 8.03 The Board of Arbitration will be composed of a sole arbitrator chosen by agreement of both parties. Article 8.04 Within three (3) working days of the Association by serving written notice request of either party for a Board, each party shall notify the other with names of the arbitrators it proposed to the Board within twenty (20) days after the Superintendent's response at Level Two. act as a sole arbitrator. Article 8.05 Should the Association Company and the Union fail to serve notice within the prescribed time, the right to arbitration shall be waived and the grievance shall be considered settled. a. The Board and the Association will attempt to agree upon on a mutually acceptable arbitrator. If the parties are unable to agree sole arbitrator within seven (7) working days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings notification mentioned in Article 8.04 above, the Minister of Labour shall be held in ▇▇▇▇▇▇▇ Countyasked to nominate an impartial person to act as sole arbitrator. b. Article 8.06 The jurisdiction decision of the sole arbitrator shall be binding on all employees, the Union and the authority Company. Article 8.07 The Board of the arbitrator and the opinion and award Arbitration shall be confined not have any power to alter or change any of the provisions of this Agreement. The award of Agreement or to substitute any new provisions for an existing provision, nor to give any decisions inconsistent with the arbitrator, in writing, shall be final terms and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision provisions of this Agreement. c. Article 8.08 The cost of the services of the arbitrator Company and the fee of Union shall share equally all the American Arbitration Association common expenses related to the arbitration process. The costs and allowances to be paid to witnesses shall be equally shared paid by the parties. d. The grievant and one witness party calling such witness. No costs of arbitration shall be released without loss of pay awarded to or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es)against either party.

Arbitration Procedure. Any grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two of the grievance procedure, and has not been settled or waived, may be appealed to the arbitration procedure by the Association by serving written notice to the Board within twenty (20) days after the Superintendent's response at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived and the grievance shall be considered settled. a. (1) The Board and the Association will attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree within seven (7) days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. (2) The jurisdiction and the authority of the arbitrator and the opinion and award shall be confined to the provisions of this Agreement. The award of the arbitrator, in writing, shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. (3) The cost of the services of the arbitrator and the fee of the American Arbitration Association shall be equally shared by the parties. d. (4) The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate in the grievance or arbitration proceeding. Any other unit member teacher- witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members teachers being willing and able to "cover" for said unit memberteacher-witness(es).

Arbitration Procedure. Any A. A grievance concerning the alleged violation of this agreement that has been properly processed through Level One and Level Two which is not settled as a result of the grievance procedure, steps set forth in Article IX and has not been settled or waived, which meets all of the following qualifications may be appealed arbitrated as hereinafter provided. 1. The grievance submitted in writing and signed by the aggrieved employee prior to becoming subject to this Article. 2. The grievance was processed in accordance with each step of the procedure provided in Article IX. 3. The issue involved in the grievance is limited to the applications or interpretation of provision in this Agreement. 4. The grievance occurred during a period when this Agreement was in effect. 5. The Union submitted to the Refinery Manager a request in writing to arbitrate such grievance within 30 days after receipt of the Refinery Manager’s decision as specified in Section B.4 of Article IX. B. Within 15 days after receipt of the written request for arbitration procedure by as specified under A.5 above, the Association by serving written notice Union shall designate 1 member and the Company shall designate 1 member to the Board of Arbitration and advise the other party of such designation. C. The two arbitrators designated shall meet within twenty (20) 30 days after from date of receipt of the Superintendent's response at Level Two. Should the Association written request for arbitration as specified under A.5 above, and endeavor to reach an agreement. D. If these two arbitrators should fail to serve notice reach an agreement, either party may request the selection of a third arbitrator. Such request shall be made within 15 days from the prescribed timedate the arbitrators meet as specified in X.C. above. E. If such request is made, the right to arbitration shall be waived arbitrators appointed by the Union and the grievance Company shall be considered settled. a. The Board and the Association will attempt endeavor to agree upon a mutually acceptable the third arbitrator. If the parties they are unable to agree within seven (7) 30 days after Association's noticefrom the date of request for such arbitrator, a request by either party for the third arbitrator will be selected from a list of jointly requested by the Company and the union arbitrators may be made from the Federal Mediation and Conciliation Service. F. If a dispute exists as to the American arbitrability of a grievance, the issue of arbitrability shall first be determined by a Board of Arbitration Associationas selected under X.E. above. Parties will If such grievance is found to be arbitrable, the grievance shall then be bound by submitted to a separate Board of Arbitration, selected under X.E. above, unless the rules and procedures parties agree otherwise. G. If the Board of Arbitration as described herein has not convened within 180 calendar days from the date of receipt of the American Arbitration Association. All written request for arbitration hearings under A.5 above, because of failure of the initiating party to proceed to final arbitration with due diligence, the case shall be held in ▇▇▇▇▇▇▇ Countyconsidered closed. b. H. The jurisdiction and the authority decision of the arbitrator and the opinion and award shall be confined to the provisions Board of this Agreement. The award of the arbitrator, in writing, Arbitration shall be final and binding on upon both parties, but such decision shall be within the Associationscope and terms of this Agreement and shall not change any of its terms or conditions. The expense and compensation of the arbitrator selected by each party shall be borne by such party and the expense of the third arbitrator shall be equally divided between the Company and the Union. The general expense of the arbitration proceedings shall be equally divided between the Company and the Union, with the grievant exception of the expense and the compensation of any witnesses called before the Board, unless held contrary to law or State Board By-Law. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. The cost of the services of the arbitrator and the fee of the American Arbitration Association which shall be equally shared borne by the respective parties. d. The grievant I. In calculating the time limits under this Article, Saturdays, Sundays and one witness Holidays recognized under this Agreement shall not be counted except for X.G. above. Time limitations specified herein shall apply unless extended by mutual agreement in writing between the parties to take care of unusual cases such as illness or other justified absences. If the time limits specified in this Article, or as extended by mutual agreement, are not met by the party initiating the grievance, the case shall be released without loss of pay or benefits, as necessary, considered closed and no longer subject to participate in processing under the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis of other unit members being willing and able to "cover" for said unit member-witness(es)procedure.

Arbitration Procedure. Any a. In the event that a grievance concerning cannot be resolved in accordance with the alleged violation of this agreement that has been properly processed through Level One and Level Two provisions of the grievance procedureprocedure defined in Article 15, Section 6, the Union may submit it to arbitration. The parties agree to utilize the Federal Mediation and has not been settled or waivedConciliation Service (FMCS) expedited arbitration rules. The parties will make every effort to schedule the hearing within 60 days if allowed by FMCS. Should a case also involve an external legal proceeding the parties may by mutual agreement, may delay the process until that proceeding is finished. The submission of a grievance to arbitration shall be appealed to based on the original written grievance. A request for arbitration procedure must be made by the Association by serving written notice to the Board Employer within twenty (20) calendar days after the SuperintendentUWP's response written answer at Level Two. Should the Association fail to serve notice within the prescribed time, the right to arbitration shall be waived and Step Three of the grievance shall be considered settled. a. The Board and the Association will attempt to agree upon a mutually acceptable arbitratorprocedure. If the parties are unable to agree within seven (7) days after Association's notice, a request by either party for a list of arbitrators may be made to the American Arbitration Association. Parties will then be bound by the rules and procedures of the American Arbitration Association. All arbitration hearings shall be held in ▇▇▇▇▇▇▇ County. b. The jurisdiction and the authority Selection of the arbitrator shall be by agreement of UWP and the opinion and award Union. However, if such agreement has not been reached within twenty (20) calendar days after receipt by the Employer of such written notice submitting a grievance to arbitration, the Union may refer the grievance to the FMCS service for selection of an arbitrator in accordance with the rules then obtained of FMCS applicable to labor arbitration. Any arbitration here under shall be confined conducted in accordance with such rules, subject to the provisions of this Agreement. The parties shall share equally in the compensation and expenses of the arbitrator and any other expense jointly incurred incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of the witnesses called by the other party. b. The power and authority of the arbitrator shall be to hear and decide each dispute and shall be strictly limited to determining the meaning and interpretation of the terms of this Agreement. The arbitrator shall not have the authority to add to, subtract from, or modify this Agreement, nor to limit or impair any common law right of UWP or the Union. The arbitrator's decision, including upholding, modifying, or setting aside any disciplinary action or the award of lost wages and benefits, shall be in accordance with the arbitratorfederal laws and the laws of the State of Washington, in writing, and shall be final and binding on the Association, the grievant and the Board, unless held contrary to law or State Board By-Lawall parties. The arbitrator will have no authority to add to, alter, amend or modify any provision of this Agreement. c. The cost of the services decision of the arbitrator and the fee of the American Arbitration Association shall be equally shared based solely on the evidence and arguments presented to him/her by the parties. d. The grievant and one witness shall be released without loss of pay or benefits, as necessary, to participate parties in the grievance or arbitration proceeding. Any other unit member witness(es) called upon to appear during school hours will be released on administrative leave for a period not to exceed two hours on the basis presence of other unit members being willing and able to "cover" for said unit member-witness(es)each other.