Common use of Level Four - Arbitration Clause in Contracts

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 fourteen (14) school days after the grievance was delivered to the Board, he may, within five (5) school days after the grievance was delivered to the Board, whichever is sooner, request in writing the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person. b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to service. If the Parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission by either Party. The Parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission in the selection of an arbitrator. c. The Arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proof on the issues are submitted to him. The arbitrator’s decision shall be in writing, and he shall set forth his findings of fact, or reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding. 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

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 fourteen ten (1410) school days after of the grievance was delivered to meeting with the Board, he may, within five (5) school days after or if the grievance was delivered to grievant is not satisfied with the Board's disposition of the grievance, whichever is sooner, request in writing the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen twenty (1520) school days after receipt the Level Three hearing. Failure to submit the grievance to binding arbitration within twenty (20) days after the Level Three meeting shall constitute termination of the grievance procedure unless the parties mutually agree to extend the time limits. If any question arises as to whether a request particular dispute involves the interpretation, meaning or application of any of the provisions of this Agreement, such question will first be ruled upon by the aggrieved personarbitrator selected to hear the dispute. Except as otherwise expressly provided in this Agreement, the arbitration will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (hereinafter referred to as the “AAA Rules”). b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall will attempt to agree upon a mutually acceptable arbitrator arbitrator, and shall to obtain a commitment from said such arbitrator to serviceserve. If the Parties parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified ten (10) day period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission Board by either Partyparty. The Parties shall parties will then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission AAA Rules in the selection of an arbitrator. c. The Arbitrator arbitrator so selected shall will confer with the representatives representative of the Board and the Association and hold hearings promptly and shall will issue his a decision not later than twenty thirty (203 0) days from the date of the close of the hearings hearings; or, if oral hearings have been waived, then from the date the final statements and proof on the issues evidence are submitted to himthe arbitrator. The arbitrator’s 's decision shall will be in writing, writing and he shall will set forth his the findings of fact, or reasoning and conclusions on the issues submitted. The arbitrator shall will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violation of violates the terms of this Agreement. The arbitrator shall be without authority to add to, subtract from, alter or modify this Agreement. The decision of the arbitrator shall will be submitted to the Board and the Association and shall will be bindingfinal and binding upon the parties. 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, their travel and subsistence expenses and the cost of the any hearing room shall will be borne equally by the Board and the Association. Any All other expenses incurred shall costs will be paid borne by the party incurring samethem.

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 fourteen (14) school days after the grievance was delivered to the Board, he may, within five (5) school days after the grievance was delivered to the Board, whichever is sooner, request re- quest in writing the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person.fifteen b. Within ten (10) school days after such written notice of submission to arbitrationarbitra- tion, the Board and the Association shall attempt to agree upon a mutually acceptable ac- ceptable arbitrator and shall obtain a commitment from said arbitrator to service. If the Parties are unable to agree upon an arbitrator or to obtain such a commitment commit- ment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission by either Party. The Parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission in the selection of an arbitrator. c. The Arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proof on the issues are submitted to him. The arbitrator’s decision shall be in writing, and he shall set forth his findings of fact, or reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding. 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions provi- sions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions ques- tions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission Commis- sion shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral.of 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of thethe arbitrator’s report of findings and recommendations. d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing hear- ing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

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 fourteen (14) school days after the grievance was delivered to the Board, he may, within five (5) school days after the grievance was delivered to the Board, whichever is sooner, request re- quest in writing the grievance to arbitration. If the Association theAssociation determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person.fifteen b. Within ten (10) school days after such written notice of submission to arbitrationarbitra- tion, the Board and the Association shall attempt to agree upon a mutually acceptable ac- ceptable arbitrator and shall obtain a commitment from said arbitrator to service. If the Parties are unable to agree upon an arbitrator or to obtain such a commitment commit- ment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission by either Party. The Parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission in the selection of an arbitrator. c. The Arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proof on the issues are submitted to him. The arbitrator’s decision shall be in writing, and he shall set forth his findings of fact, or reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding. 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions provi- sions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions ques- tions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission Commis- sion shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing hear- ing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. (a) If the aggrieved person is not satisfied with the disposition of his grievance at Level Three Three, or if no decision has been rendered within fourteen (14) school days after the grievance was delivered to the Board, he may, within five (5) school days after the grievance was delivered to the BoardBoard of School Directors, he may within five (5) school days after a decision by the Board of Directors or fifteen (15) school days after the grievance was delivered to the Board of School Directors, whichever is sooner, request in writing that the Union submit its grievance to of arbitration. If the Association determines that the grievance is meritoriousUnion desires, it may submit the grievance to arbitration within fifteen (15) school days after the receipt of a request by the aggrieved person. b. (b) Within ten (10) school days after such written notice notices of submission to arbitration, the Board and the Association Union shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serviceserve. If the Parties parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission American Arbitration Association by either Partyparty. The Parties parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission American Arbitration Association in the selection of an arbitrator. c. (c) The Arbitrator so selected shall confer with the representatives of the Board and the Association Union and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proof proofs on the issues are submitted to him. The arbitrator’s decision shall be in writing, writing and he shall set forth his findings of fact, or reasoning and conclusions on the issues submitted. The arbitrators shall have no power or authority to add to, subtract from or modify the provisions of this agreement in arriving at a decision of the issue or issues presented and shall confine his decision solely to the application and interpretation if this agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, reserved by law exclusively for the Board, or which is violation of violate the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association Union and shall be bindingfinal and binding to the parties. 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. (d) The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses expense and the cost of the hearing room and court reporter shall be borne equally by the Board and the AssociationUnion. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three Three, or if no decision has been rendered within fourteen twenty-five (1425) school calendar days after the grievance was delivered to the BoardBoard of Education, he may, within five (5) school days after a decision by the Board of Education, or thirty (30) calendar days after the grievance was delivered to the Board, whichever is sooner, request in writing the grievance to arbitration. If and if the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by with simultaneous notice to the aggrieved personBoard. b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain such a commitment from said arbitrator to serviceserve. If the Parties parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission P.E.R.C. by either Partyparty. The Parties parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission P.E.R.C. in the selection of an arbitrator. c. The Arbitrator arbitrator so selected shall skill confer with the representatives of the Board and the Association and Association, shall hold hearings promptly promptly, and shall issue his decision not later than twenty (20) days from the date of the close of the hearings hearing, or, if oral hearings have been waived, then from the date the final finial statements and proof proofs on the issues are submitted to him. The arbitrator’s decision shall be in writing, writing and he shall set forth his findings of fact, or reasoning and conclusions on the issues submitted. The arbitrator shall be without power or of authority to make any decision which requires the commission of an act prohibited by law law, or which is violation violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be bindingfinal and binding on the parties. 1. The arbitrator shall limit himself d. In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue submitted and shall consider nothing elserest solely with the arbitrator. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses expenses, and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. a) If the aggrieved person is not satisfied with the disposition of her/his grievance at Level Three or if no decision has been rendered within fourteen (14) school days after the grievance was delivered to the BoardThree, she/he may, within five (5) school days after receipt of a decision by the grievance was delivered Committee make a written request of the President of the Association to the Board, whichever is sooner, request in writing the submit her/his grievance to arbitration. If . b) The Association may, within ten (10) days after receipt of such a request notify the Association determines that the grievance is meritorious, it may Committee of its intent to submit the grievance to arbitration within fifteen (15) school days after receipt by written notice to the ▇▇▇▇▇▇▇▇▇ School Committee chair and the Superintendent of a request by the aggrieved personSchools. b. c) Within ten (10) school days after such written notice of submission to arbitration, the Board chair of the Committee, or its designee, and the Association shall attempt to President of the Association, or its designee, will agree upon a mutually acceptable arbitrator and shall will obtain a commitment from said arbitrator to serviceserve. If the Parties parties are unable to agree within ten (10) days of receipt of such list upon an arbitrator or to obtain such a commitment the selection of one of the arbitrators on said list, the Association may, within the specified period, a five (5) days thereafter request for a list of arbitrators may from the American Arbitration Association, the selection of an arbitrator to be made pursuant to the New Jersey Public Employment Relations Commission by either Party. The Parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission in the selection of an arbitratorAmerican Arbitration Association. c. d) The Arbitrator arbitrator so selected shall confer with will hear the representatives of the Board and the Association and hold hearings matter promptly and shall will issue her/his decision not later than twenty thirty (2030) days from the date of the close of the hearings orhearings, or if oral hearings have been waived, then from the date the final statements statement and proof on the issues proofs are submitted to her/him. The arbitrator’s 's decision shall will be in writing, writing and he shall will set forth her/his findings of fact, or reasoning and conclusions on the issues submittedsubmitted unless otherwise mutually agreed to by the parties. e) The power of the arbitrator stems from this Agreement and her/his function is to interpret and apply this Agreement and to pass upon alleged violations thereof. She/he shall have no power to add to subtract from, or modify any of the terms of this Agreement. The arbitrator shall be without not have any power or authority to make any decision which that requires the commission of an act prohibited by law or which is violation of that violates the terms of this Agreement. . f) The decision of the arbitrator shall be submitted to the Board Committee and the Association and Association, and, subject to law, shall be bindingfinal and binding upon the parties subject to judicial review. 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. g) The costs for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing room arbitrator shall be borne equally by the Board Committee and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. If (a) In the event that the aggrieved person teacher is not satisfied with the disposition of his or her grievance at Level Three Three, or if in the event no decision has been rendered within fourteen with five (145) school days after the grievance was delivered to he or she has met with the Board, he or she may, within five (5) school days after a decision by the grievance was delivered to Board or ten (10) days after he or she has met with the Board, whichever is sooner, request in writing that the PR&R Committee submit his or her grievance to arbitration, provided, however, that the grievance must be based upon an alleged breach of this Agreement. If the Association PR&R Committee determines that the grievance is meritorious, it may by written notice to the Board, submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved personteacher. The decision to submit the grievance to arbitration must be the responsibility of the PR&R Committee. b. (b) Within ten (10) school days after such written notice of submission to arbitrationseek arbitration has been given to the Board, the Board and the Association shall attempt to agree upon submit a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to service. If the Parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request demand for a list of arbitrators may be made arbitration to the New Jersey Public Employment Relations Commission by either PartyAmerican Arbitration Association in Hartford. The Parties Selection of an Arbitrator shall then be bound by in accordance with the rules and procedures Voluntary Rules for Labor Arbitration of the New Jersey Public Employment Relations Commission in the selection of an arbitratorAmerican Arbitration Association. c. (c) The Arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and unless extended by mutual agreement, shall issue his or her decision not later than twenty thirty (2030) days from the date of the close closing of the hearings hearings, or, if oral hearings have been waived, then from the date the final statements and proof on the issues proofs are submitted to himhim or her. The arbitratorArbitrator shall hear only one grievance at a time unless the parties agree otherwise. The Arbitrator’s decision shall be in writing, writing and he shall set forth his or her findings of fact, or reasoning and conclusions on the issues submitted. The arbitrator Arbitrator shall derive his or her authority from the Agreement and shall be without power or authority to alter, amend, delete or disregard provisions of the Agreement. The Arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violation violative of the terms of this the Agreement. The decision of the arbitrator Arbitrator shall be submitted to the Board and to the Association and and, subject to law, shall be final and binding. 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. (d) The costs for the services of the arbitratorArbitrator, including per diem expenses, if any, and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his the grievance at Level Three Three, or if no decision has been rendered within fourteen fifteen (1415) school days after the grievance was delivered to the BoardBoard or its representative(s), he he/she may, within five (5) school days after a decision by the Board or its representative(s) or twenty (20) school days after the grievance was delivered to the Board, whichever is sooner, request in writing the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance be submitted to arbitration within fifteen (15) school days after receipt of a request by the aggrieved personarbitration. b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association parties in interest shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serviceserve. If the Parties parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission by either Party. The Parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission in the selection of an arbitratorarbitrator shall be made from a panel provided by the American Arbitration Association. c. The Arbitrator arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his his/her decision not no later than twenty thirty (2030) days from the date of the close of the hearings hearings, or, if oral hearings have been waived, then from the date the final statements and proof proofs on the issues issue are submitted to himthe arbitrator. The arbitrator’s decision shall be in writing, writing and he shall set forth his findings of fact, or reasoning reasoning, and conclusions on the issues submitted. The arbitrator may rule only upon the meaning, interpretation, or application of any provision in the Agreement; he/she shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision sole responsibility of the arbitrator shall be to interpret the meaning of the articles of this contract and in no way shall it be so construed that the arbitrator shall have the power to add to, subtract from, or modify in any way the terms of this Agreement. His/her decision shall be submitted to the Board and the Association parties in interest and shall be binding. 1. The arbitrator shall limit himself to accepted by the issue submitted parties in accordance with the requirements and shall consider nothing else. 2. The arbitrator can neither alterlimitations as set forth in Article IX, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction Section 903 of the Public Employment Employee Labor Relations Commission shall not be arbitralAct. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel, subsistence expenses and the cost of the hearing room arbitration shall be borne shared equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring sameparties.