Level Six. If the decision of the bargaining teams is not satisfactory to the Association, the grievance may be submitted to arbitration before an impartial arbitrator selected by the parties. If the parties cannot agree as to the arbitrator within ten (10) days, he/she shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. 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 Six. The Association may appeal the decision of the Board to arbitration within ten (10) working days of the Board's response.
Level Six. The Union may, within ten (10) working days after the final mediation session, notify the Superintendent of its intent to submit the grievance to arbitration. The Union and the Superintendent shall jointly request that the Federal Mediation and Conciliation Service submit a list of nine (9) arbitrators to both parties. Should either party refuse to comply with this section, the other party would have the right to proceed unilaterally to request the list. Within five (5) working days of the receipt of such list, the Union President or Representative and the Superintendent or designee shall select an arbitrator by alternately striking a name from the list until only one name remains. The striking of the first name shall be determined by the toss of a coin.
Level Six. If at the end of the fifteen (15) regular business days next following such meeting, the grievance shall not have been disposed of to the satisfaction of the Professional Rights and Responsibilities Committee of the Association, and if the grievance shall involve the interpretation or application of any provision of this Contract, the Association may, after having consulted with the School Committee Chairperson or designee, and within fifteen (15) regular business days next following the conclusion of the above mentioned period of fifteen (15) regular business days, submit the grievance to the American Arbitration Association in accordance with the applicable rules of the American Arbitration Association. Written notice of the advancement of the grievance shall be forwarded to the School Committee at the same time it is forwarded to the MTA. All expenses for arbitration shall be shared equally by the School Committee and the Association. Additional provisions relating to grievances:
Level Six. 1) If the aggrieved party is not satisfied with the disposition of the Board, or if no written decision is received by the Association representative within ten (10) school days of the board meeting, the grievance may be submitted to an impartial arbitrator. The aggrieved party must notify the Superintendent they are going to arbitration within ten (10) school days after the next regularly scheduled TCBA meeting - not to exceed thirty-five (35) days from the date of the Board's written disposition.
Level Six. (a) A Level Six Employee is an Employee who has completed at least five modules of relevant post trade study, or who has commenced study towards a relevant Bachelor’s degree and is able to exercise skills and knowledge gained from such study for purposes of their employment:
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Level Six a. The arbitrator's finding will be submitted to the Trustees of the Board of Education who will reject or implement the advisory decision. Formal Board action will be taken at a regularly scheduled Board meeting within six (6) weeks of receiving the arbitrator’s finding.
Level Six. If the decision of the Board of Education is not satisfactory to the Association, the grievance may be submitted to arbitration before an impartial arbitrator selected by the parties. If the parties cannot agree as to the arbitrator within ten (10) days he/she shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration hearing. 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 Six. Notice of intention to proceed to arbitration shall be given to the BOARD through the Superintendent within ten school days after receipt of the decision which is appealed. Only the parties signatory to this agreement shall have the right to proceed to arbitration and said right shall not accrue to an individual teacher or group of teachers. Within ten 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 serve. 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 American Arbitration Association by either party. The parties shall be bound by the rules and procedures of the American Arbitration Association. The arbitrator’s decision shall be in writing and shall be submitted to the BOARD and the ASSOCIATION. In the event that arbitrability of a grievance is at issue between the parties, the determination of the jurisdiction to resolve the issue shall rest solely with the arbitrator selected in accordance with the provisions of this article. The costs for the service of the arbitrator, including the per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of hearing room shall be borne equally by the BOARD and the ASSOCIATION. Any other expenses incurred shall be paid by the party incurring same. Said arbitration shall be advisory only.
