Common use of Fourth Step Clause in Contracts

Fourth Step. If the grievance is not resolved satisfactorily at Step 3, there shall be available a fourth step of final, binding arbitration. If the Association determines that the grievance is meritorious and the grievant concurs, it shall submit the grievance to arbitration. The Association shall submit notification of implementation of arbitration to the superintendent in writing within ten (10) days of receipt of the Step 3 answer. An arbitrator to be selected by the two parties within seven (7) days after said notice is given shall conduct the arbitration proceeding. If the two parties fail to reach agreement on an arbitrator within seven (7) days, the Public Employment Relations Board shall be requested to provide a list of five (5) arbitrators. The parties shall determine by lot which party shall have the right to remove the first name from the list. Thereafter, each party shall alternately strike the name of an arbitrator until only one remains. The selection process must be completed within three (3) school days following receipt of the list from PERB. The remaining named arbitrator shall be the arbitrator, and his/her decision shall be final and binding on the parties. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented in writing by the parties. The decision shall not change or amend the terms, conditions, or applications of the Negotiated Agreement. Costs for the services of the arbitrator, including per diem expenses, travel, subsistence expenses, and the cost of any hearing room will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them. Forms for filing a grievous may be found at the end of this handbook or in the Negotiated Agreement.

Fourth Step. If the grievance is not resolved satisfactorily at Step 3step three, there shall be available a fourth step of finaland final step. Within ten (10) school days, the Association and the employee may submit the grievance in writing to binding arbitration. If An employee may submit a grievance to arbitration only with approval of the Association determines that the grievance is meritorious and the grievant concurs, it shall Association. Within ten (10) school days of written notice to submit the grievance to arbitration. The Association shall submit notification of implementation of arbitration to , the Board or the superintendent in writing within ten (10) days of receipt of and the Step 3 answer. An Association Representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to be selected by the two parties within seven (7) days after said notice is given shall conduct the arbitration proceedingserve. If the two parties fail are unable to reach agreement on agree upon an arbitrator within seven (7) daysor to obtain a commitment from the arbitrator, the Public Employment Relations Board shall be requested to provide a request for a list of five (5) arbitratorsarbitrators will be made to the Public Employee’s Relation Board (PERB). The Each of the two parties shall determine by lot which party shall have the right to remove the first will alternately strike one name at a time from the list. Thereafter, each party shall alternately strike the name of an arbitrator list until only one remainsname shall remain. The selection process must remaining name shall be completed within the arbitrator. The arbitrator so selected shall confer with the Board or the superintendent and the Association to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue their decision not later than fifteen (15) school days following receipt from the date of the list close of the hearings, or, if oral hearings have been waived, then from PERB. The remaining named arbitrator shall be the arbitrator, date the final statements and his/her decision shall be final and binding proofs on the partiesissues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth their findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator, in their opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. Their authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing writing, by the parties. The Board and the employee, and their decision shall not change must be based solely and only upon their interpretation of meaning or amend the terms, conditions, or applications application of the Negotiated expressed relevant language of the Agreement. Costs Expenses for the arbitrator's services of the arbitrator, including per diem expenses, travel, subsistence expenses, and the cost of any hearing room will shall be borne equally by the Board and the Association. All other costs will be borne by the party incurring them. Forms for filing a grievous may be found at the end of this handbook or in the Negotiated Agreement.