Common use of GRIEVANCE (continued) Clause in Contracts

GRIEVANCE (continued). 6. The fees and expenses of the arbitrator shall be shared equally by the BOARD and the ASSOCIATION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association. 7. It is understood that arbitration is an appellate proceeding and, therefore, neither the ASSOCIATION nor the BOARD shall be permitted to assert in such arbitration hearing any ground or proposed remedy which was not previously disclosed to the other party at hearings under this provision. However, if either party wishes to assert any new ground or remedy, then the grievance shall be immediately referred back to Step One of this procedure. 8. It shall be the function of the arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violations, misinterpretations, or misapplications of any of the terms of the agreement. a. He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. His/her powers shall be limited to deciding whether the BOARD has violated, misinterpreted, or misapplied any of the terms of this agreement. It is understood that any matter not specifically set forth in this agreement shall not be subject to arbitration. b. He/she shall have no power to decide any question which, under this agreement, is within the authority of the BOARD to decide. 9. If the BOARD disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall first determine whether he/she has jurisdiction to act, and, if he/she finds he/she has no such power, the grievance shall be referred back to the parties without decision or recommendation on its merits. 10. The BOARD shall not be required to pay back compensation for more than fifteen (15) days prior to the date the grievance was filed. a. No decision in any one (1) case shall require a retroactive adjustment in compensation in any other case.

GRIEVANCE (continued). 5. The award of the arbitrator shall be accepted as final and binding on the Association, its members, the administrator or administrators involved, and the Board. There shall be no appeal from an arbitrator's decision if said decision is within the scope of the arbitrator's authority as described below, or if no fraud, collusion or duress is present. 6. The fees and expenses of the arbitrator shall be shared equally by the BOARD Board and the ASSOCIATIONAssociation. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association. 7. It is understood that arbitration is an appellate proceeding and, therefore, neither the ASSOCIATION Association nor the BOARD Board shall be permitted to assert in such arbitration hearing any ground or proposed remedy which was not previously disclosed to the other party at hearings under this provision. However, if either party wishes to assert any new ground or remedy, then the grievance shall be immediately referred back to Step One of this procedure. 8. It shall be the function of the arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violations, misinterpretations, or misapplications of any of the terms of the agreement. a. He/she shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreementAgreement. His/her powers shall be limited to deciding whether the BOARD Board has violated, misinterpreted, or misapplied any of the terms of this agreementAgreement. It is understood that any matter not specifically set forth in this agreement Agreement shall not be subject to arbitration. b. He/she shall have no power to decide any question which, under this agreementAgreement, is within the authority of the BOARD Board to decide. 9. If the BOARD Board disputes the arbitrability of any grievance under the terms of this agreementAgreement, the arbitrator shall first determine whether he/she has jurisdiction to act, and, if he/she finds he/she has no such power, the grievance shall be referred back to the parties without decision or recommendation on its merits. 10. The BOARD Board shall not be required to pay back compensation for more than fifteen (15) days prior to the date the grievance was filed. a. No decision in any one (1) case shall require a retroactive adjustment in compensation in any other case.