Common use of IMPASSE PROVISIONS Clause in Contracts

IMPASSE PROVISIONS. 1. If a decision is made by the Union to take a case to impasse, a letter specifying this intent shall be filed with the Board within ten (10) business days of the receipt of the Board's decision at Step Four of the grievance procedure. 2. If the grievance is not resolved at Step Four, the Union may submit the grievance to mediation by giving the Board and Superintendent or Designee written notice within ten (10) business days of receipt of the Step Four response. The parties shall select the mediator within ten (10) business days of such notice. If the parties cannot agree to a mediator within ten (10) business days of the mediation demand, the Federal Mediation and Conciliation Service will be requested to provide a panel of mediators. The mediation shall be considered non-binding. 3. If mediation does not adequately solve the impasse, then within ten (10) business days, the Board and the Union shall request arbitration from the American Arbitration Association. The selection of the arbitrator shall follow the standard operating procedures set forth by the American Arbitration Association. 4. The American Arbitration Association will be asked to make an administrative appointment, binding on both parties, if the Board and Union cannot agree on an arbitrator within twenty (20) business days after the original proposed list of arbitrators is received. 5. The arbitrator shall, within sixty (60) business days after the conclusion of the arbitration, issue a decision, in writing, to all parties involved in Step Four of the grievance procedure. 6. The arbitrator's opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. The arbitrator's authority will be strictly limited to deciding only the issue(s) presented in writing by the Board and the Union, and the arbitrator's decision must be based solely upon the arbitrator’s interpretation of the meaning or application of the express relevant language of this Agreement. 7. The decision of the arbitrator, if made in accordance with the arbitrator's jurisdiction and authority under this Agreement, will be accepted as final. 8. Expenses for the arbitrator's services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Union. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses.

IMPASSE PROVISIONS. 1. A. If a decision is made by the Union to take a case to impasse, a letter specifying this intent shall be filed with the Board within ten (10) business calendar days of the receipt of the Board's ’s decision at Step Four of the grievance procedure. 2. If the grievance is not resolved at Step Four, the Union may submit the grievance to mediation by giving the Board and Superintendent or Designee written notice within B. Within ten (10) business days of receipt of the Step Four response. The parties shall select the mediator within ten (10) business days of such notice. If the parties cannot agree to a mediator within ten (10) business calendar days of the mediation demand, the Federal Mediation and Conciliation Service will be requested to provide a panel receipt of mediators. The mediation shall be considered non-binding. 3. If mediation does not adequately solve the impasse, then within ten (10) business daysthis letter of intent, the Board and the Union shall request arbitration from the American Arbitration AssociationAssocia- tion. The selection of the arbitrator shall follow the standard operating procedures proce- dures set forth by the American Arbitration Association. 4. C. The American Arbitration Association will be asked to make an administrative appointment, binding on both parties, parties if the Board and the Union cannot agree on an arbitrator within twenty ten (2010) business calendar days after the original proposed list of arbitrators is received. 5. D. The arbitrator shall, within sixty (60) business days after the conclusion of the arbitration, shall issue a his/her decision, in writing, to all parties involved in Step Four Four, not later than thirty (30) calendar days from the date of the grievance procedureclosing of the hearing, or, if oral hearings have been waived, then from the date of trans- mitting the final statements and proofs to the arbitrator. 6. E. The arbitrator's , in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. The arbitrator's His/her authority will be strictly limited lim- ited to deciding only the issue(s) issue presented to him in writing by the Board and the Union, and the arbitrator's his/her decision must be based solely upon the arbitrator’s his interpretation of the meaning or of application of the express relevant language of this Agreement. 7. F. The decision of the arbitrator, if made in accordance with the arbitrator's his jurisdiction and authority under this Agreement, will be accepted as finalfinal by the parties and all shall abide by it. 8. G. Expenses for the arbitrator's services ’s services, and the expenses which are common to both parties to the arbitration arbitration, shall be borne equally by the Board and the Union. Each party to an arbitration proceeding shall be responsible for compensating its compen- sating it own representatives and witnesses.