Level Four - Arbitration Sample Clauses

Level Four - Arbitration. If the grievant is not satisfied with the decision at Level Three, within ten (10) calendar days after receipt of the Board's response at Level Three, the grievance may be appealed to arbitration by the Association. Within ten (10) calendar days after such written notice of the appeal to arbitration, the Superintendent and the Association will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten (10) day period, a request for a list of seven (7) arbitrators may be made to the Oregon Employment Relations Board by either party. The parties may mutually agree to request arbitrators who reside or maintain an office in Oregon. The parties will then be bound by the AAA Rules in the selection of an arbitrator. The arbitrator selected will hold a hearing promptly and will issue a decision not later than thirty (30) days from the date of the close of the hearing. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted to the Board and the Association and will be final and binding upon the parties. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board. The decision of the arbitrator within the scope of his/her authority shall be binding on the parties. The costs for the services of the arbitrator, including per diem expenses, if any, and travel and 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.
Level Four - Arbitration. (a) If the aggrieved teacher is not satisfied with the disposition of his/her grievance at Level Three, he/she may, within three (3) days after the decision, request in writing to the President of the Association that his/her grievance be submitted to arbitration.
Level Four - Arbitration a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered within fifteen (15) school days, after the grievance was delivered to the Board, he may, within five (5) school days, after a decision to the board or twenty (20) school days after the grievance was delivered to the Board whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance within fifteen (15) school days after receipt of a request by the aggrieved person. If the Association determines that the grievance is not meritorious and should not be submitted to arbitration by the Association, the aggrieved person, individually, shall have the right to submit his grievance to arbitration within fifteen (15) days after receipt of notice from the Association that it will not pursue his grievance to arbitration. A copy of the Association’s notice to the aggrieved person shall be served upon the Board. In the event the aggrieved person request arbitration without the Association’s approval, the Association shall not be responsible for any costs incurred in pursuing the grievance.
Level Four - Arbitration a. If the aggrieved person is not satisfied with the disposition of his other grievance at Level Three, or if no decision has been rendered within five (5) days after he or she has first met with the board, he or she may, within five (5) days after a decision by the board or ten (10) days after he or she has first met with the board whichever is sooner, request in writing to the superintendent and the association that his or her grievance be submitted for arbitration. If the aggrieved person is not satisfied with the disposition of the grievance at Level Three or if no written decision has been rendered within the time period set forth in the preceding paragraph, he may, within 10 days after receipt of the written decision or due date of the written decision, whichever is earlier, appeal to the Department of Labor, pursuant to statute. The inclusion of this paragraph in this grievance procedure shall not constitute a waiver of either party of its rights to dispute the authority of the Department of Labor to hear the appeal and/or render any particular decision. Revised - 8/10/1998 Revised - 3/12/2012 Madison Central School District #39-2, Madison, SD
Level Four - Arbitration a. If the grievance remains unresolved at Level Two or Level Three (mediation), the local Union involved shall have the right to refer the matter to arbitration. In the event the local Union elects to do so, it must notify the Bureau of Human Resources of its decision in writing within twenty-one (21) calendar days of denial of the grievance at Level Two or twenty-one (21) calendar days after the close of mediation if the parties agreed to refer the grievance to Level Three.
Level Four - Arbitration. (a) If the Association is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within five (5) school days after the grievance was delivered to the School Board, the Association may, within five (5) school days after a decision by the School Board or fifteen (15) days after the grievance was delivered to the School Board, whichever is sooner, submit the grievance to arbitration.
Level Four - Arbitration. The grieving employee shall within twenty (20) days of notification of the disposition of his grievance or within thirty (30) days of the hearing under Level Three, notify the Board in writing of his desire for binding arbitration of the grievance. The Board and the grieving employee will within ten (10) days of such notification begin selection of an arbitrator. Further provisions for the binding arbitration procedure shall be as stated in Section 903, Act 195.
Level Four - Arbitration a. If either the Board or the Union should determine after Level Three that the grievance is an alleged breach of this contract, then either party may within ten (10) days following a Level Three decision apply to the American Arbitration Association for the designation of an arbitrator or arbitration panel pursuant to the then applicable rules of that Association.
Level Four - Arbitration a. If the grievance is not resolved to the satisfaction of the grievant in Level Three, the ASSOCIATION may, within fifteen (15) days after the date the decision by the COMMITTEE is due in Level Three, file a written request for arbitration of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall be identical to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules.
Level Four - Arbitration a. Within ten (10) days of the decision at Level Three or if no written decision has been rendered within the required time, the grievant may request to the Association that the decision rendered under Level Three be submitted to Arbitration. If the Association so determines, it may submit the grievance to Arbitration within ten (10) days after receipt of the request from the grievant.