Level Five. Binding Arbitration (Any grievance filed on or after July 1, 2006)
Level Five a. Within twenty (20) days of receipt of the Board of Education’s decision, the Association may submit the grievance to binding arbitration by providing the Board with written notice of its intent to seek arbitration. Within five (5) days following receipt of notification to seek arbitration, the parties shall meet and attempt to mutually select an arbitrator. However, if the parties are unable to mutually select an arbitrator, he/she shall be selected in accordance with the rules of the American Arbitration Association (AAA). Neither the Board nor the Association shall be permitted to rely on any evidence in the arbitration proceeding if a request to see such evidence has been made by the other party and denied by the Board or the Association.
Level Five. Arbitration
Level Five i. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board.
Level Five. No complaint is grievable beyond "Level Four" unless one is claiming a violation of rights granted under this agreement. The Association may file such an appeal on behalf of a teacher and the expenses of arbitration are to be borne equally by the Association and the Board of Education. Notice of the Association's intent to invoke arbitration must be given to the Superintendent of Schools within five (5) days of the Association's receipt of the Board's answer at Level Four. Within ten (10) days of the filing of the intent to arbitrate, or sooner, the Chairman of the Board of Education or a member of the Board designated by the Chairman shall meet with the Association President and jointly select a Tri-partite Board of Arbitrators. If within ten (10) days a joint selection has not been made, then either party may apply to the American Arbitration Association to select the third Arbitrator. The Arbitrators shall hear and decide only the single issue submitted. They shall be bound by the terms of the Agreement. The Arbitrators shall, within thirty (30) calendar days of their hearing, render a decision, in writing, setting forth facts found and their decision. The decision of the Arbitrators shall be binding and final as provided by law. Copies of the decision shall be rendered to the Board, the Association and the aggrieved. Hearings held in the case of arbitration shall be held at a time and a place affording a fair and reasonable opportunity for all involved to attend. If it is mutually agreed by both parties to hold the hearing during school hours, then all who participate shall be excused for that purpose, without loss of pay. Failure by the aggrieved teacher at any level to appeal a grievance to the next level within the specified time limits shall be deemed to be an acceptance of the decision rendered at that level. Failure by the Administration to render his/her decision within specified time limits shall be deemed to be a denial of the grievance. Any party in interest may be represented at Levels Four and Five of the formal grievance procedure by a counsel of his own choosing, except that he may not be represented by a representative or an officer of any teacher organization other than the Association. Since the purpose of a grievance procedure is to assure communication to all levels and to provide a means for settling difficulties (thus promoting understanding and high morale), it is to be understood that no reprisals of any kind are to be taken by a...
Level Five. If the Association is not satisfied with the disposition of the grievance at Level Four, it may, within fifteen
Level Five a. In the event the grievance is not satisfactorily resolved at Level Four or if no decision is reached within a ten (10) school day period after completion of Level Four, the grievance shall be immediately transmitted to binding arbitration. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accord with its rules, which likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Level Five. 1. If the grievant and the Association are not satisfied with the disposition in Level Four, he/she may demand that the issue be submitted to arbitration within five (5) days after the Level Four hearing.
Level Five. If the decision of the Board does not resolve the grievance to the satisfaction of the grievant and the grievant wishes review by a third party, and if the matter pertains to this agreement between the Board and the Association, the grievant shall so notify the Board through the Superintendent within ten (10) working days of receipt of the Board's decision. The grievant, in order to process the grievance beyond Level Four must have his/her request for such action accompanied by the written recommendation for such action by the Association. Level Six
Level Five. If the grievance is not resolved in a mutually satisfactory manner within ten (10) days after the Review Committee meets with the Ad Hoc Committee, the Association may submit the grievance to binding arbitration. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator shall be paid by the losing party.
