Common use of Fourth Stage Clause in Contracts

Fourth Stage. If the grievance cannot be settled at the third stage, the grievance shall be submitted to the Board of School Inspectors no later than seven (7) business days before its next regularly scheduled meeting unless an earlier or later date is agreed to by all parties. At this stage, the Union shall have the opportunity to present the grievance to the Board. If the grievance is not resolved satisfactorily to the Union after the hearing before the Board (Fourth Stage), there shall be a fifth step of impartial arbitration. The Union may submit in writing, within ten (10) business days of the Board hearing and/or decision, a request to enter into such arbitration. The parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit to them a list of seven (7) arbitrators and their qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such list, the parties shall alternately strike names with the party requesting arbitration making the first strike. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the parties with respect to setting up a time for a hearing. All expenses incurred shall be shared equally by the Board and Union. It is understood that such expenses will be limited to the arbitrator's fee. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and singly to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the findings of the arbitrator. Nothing herein shall, however, be construed to abrogate or deny any of the legal responsibilities of the Board of School Inspectors as required by City, State or Federal laws or regulations, including the right not to re-employ non-tenure teachers for any reason subject only to the specific terms of this contract relating to teacher evaluation procedures and fair practices and any legal statutes applicable. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way any of the terms or conditions of this Agreement.

Fourth Stage. If the grievance cannot be settled at the third stage, the grievance shall be submitted to the Board of School Inspectors no later than seven (7) business days before its next regularly scheduled meeting unless an earlier or later date is agreed to by all parties. At this stage, the Union shall have the opportunity to present the grievance to the Board. If the grievance is not resolved satisfactorily to the Union after the hearing before the Board (Fourth Stage), there shall be a fifth step of impartial arbitration. The Union may submit in writing, within ten (10) business days of the Board hearing and/or decision, a request to enter into such arbitration. The parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit to them a list of seven (7) arbitrators and their qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such list, the parties shall alternately strike names with the party requesting arbitration making the first strike. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the parties with respect to setting up a time for a hearing. All expenses incurred shall be shared equally by the Board and Union. It is understood that such expenses will be limited to the arbitrator's fee. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and singly to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the findings of the arbitrator. Nothing herein shall, however, be construed to abrogate or deny any of the legal responsibilities of the Board of School Inspectors as required by City, State or Federal laws or regulations, including the right not to re-employ non-tenure teachers for any reason subject only to the specific terms of this contract relating to teacher evaluation procedures and fair practices and any legal statutes applicable. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way any of the terms or conditions of this Agreement.