Level Four. Arbitration
Level Four. 1. If the grievant and/or Association is not satisfied with the disposition of the grievance at Level Three, it may, within ten (10) days after the decision of the Board, file a demand for arbitration with the American Arbitration Association, in writing, and request the appointment of an arbitrator, who shall be selected by the American Arbitration Association in accordance with its rules.
Level Four. If the aggrieved person is not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievance, the Association, at the grievant's request, may request a hearing before an arbitrator. The request for arbitration shall be made within fifteen (15) school days following receipt of the disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his designated representative shall mutually petition the American Arbitration Association ("AAA") to provide both parties with a list of seven (7) names. Within five (5) days following receipt of the list of names from the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other party. When six (6) names have been stricken from the list, the remaining name shall be the arbitrator. The first party to strike a name from the list shall be decided by the flip of a coin. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, the decision of the arbitrator shall be binding on both parties. The cost of the arbitrator shall be fully paid by the losing party, which shall be so determined by the arbitrator in his/her written report.
Level Four. If SEIU/FPSU or the grievant is not satisfied with the disposition of the grievance at Level three, grievance may be submitted to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, FMCS and the Superintendent or designee must receive written notice that the grievance is proceeding to arbitration within thirty (30) days following receipt of the Level Three disposition, and that SEIU/FPSU or the grievant has submitted the grievance to arbitration within that time limit. The arbitrator shall have no power to add to, subtract from, modify, or alter the terms of this agreement. The arbitrator shall render his/her written decision within thirty (30) days or as soon as possible after the close of the hearing or after the deadline for filing post-hearing briefs and shall furnish a copy to the grievant, SEIU/FPSU and to the District.
Level Four i. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may file the written grievance within ten (10) days of the Level Three response with the Board.
Level Four a. Within fourteen (14) days after receipt of the decision of the Superintendent or his/her designee, the grievance may be appealed, in writing, to the Board of Education. This level may be waived with mutual agreement of the parties.
Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three (or if no disposition has been made within the period above provided), and if the Association believes that the grievance is meritorious and should be arbitrated the grievance may be submitted to arbitration by the Association before an impartial arbitrator. A panel of arbitrators shall be selected by the following process:
Level Four. If the alleged grievance is not resolved to the satisfaction of the employee and the Association within twenty (20) calendar days immediately ensuing the response at Level Three, the Association may submit a grievance in writing to arbitration, provided that the Association shall contemporaneously with the submission to arbitration, advise the District in writing, that the Association is of the opinion that the grievance is meritorious The following general provisions shall pertain to arbitration:
Level Four. 5.2.4.1 If the aggrieved and the Association are not satisfied with the decision at Level Three, or if no decision is reached within ten (10) days after the meeting described in Article 5.2.3.3, the aggrieved may, within five (5) days thereafter, request the Association to submit a grievance that involves a dispute, disagreement or controversy concerning the interpretation or application of this Agreement to arbitration. If the Association deems the grievance meritorious, it may, within fifteen (15) days thereafter, demand arbitration by filing a written demand with the Superintendent of his designee. The written demand shall include copies of all attachments and responses, if any, from Levels One through Three. If the Association deems the grievance not meritorious, it shall so advise the aggrieved and the Board.
Level Four a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within five duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitration. If the grievance is not submitted to arbitration within the above-stated time limit, the grievance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing the case.
