Common use of Level Three - Arbitration Clause in Contracts

Level Three - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the decision is rendered or within ten (10) days after the meeting with the Superintendent, request in writing to the Association that his/her grievance be submitted to arbitration. b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides that the alleged grievance has merit and that the decision at Level Two is not acceptable, it shall, within twelve (12) days after receipt of the Level Two decision, submit the grievance to arbitration by so notifying the Board in writing. If the Association decides, either that the alleged grievance lacks merit or that the decision at Level Two is in the best interest of the school system and the employee, it shall send written notification within five (5) days of reaching its judgment to the employee. c. Within five (5) days after the written notice is received by the Board, the Board and the Association shall select jointly an arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree on an arbitrator within five (5) days, the American Arbitration Association shall be called upon immediately to select an arbitrator. d. The arbitrator shall confer promptly with representatives of the Board and of the Association, shall review the records of the prior meetings, and shall hold such further hearings as he/she deems necessary. His/her recommendations will be issued within a reasonable time after the close of the last hearing or, if oral hearing has been waived, within a reasonable time after final statements and evidence have been submitted to him/her. e. The arbitrator’s recommendations shall be submitted in writing to the Board, with a copy to the Association, and shall set forth his/her findings, reasoning and conclusions on the issues submitted. The arbitrator’s recommendations shall be consistent with existing statutes. f. The Board shall take official action on the report of the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concerned. g. All costs and expenses from the services of the arbitrator shall be shared equally by the Board and the Association.

Level Three - Arbitration. a. A. If the aggrieved person Association is not satisfied with the disposition of his/her the grievance at Level Two, he/she may or, if no decision has been rendered within three five (35) school days after submission of the grievance to the Superintendent, the Association may, within five (5) school days after a decision is rendered by the Superintendent, or within ten (10) days after the meeting with grievance was submitted to the Superintendent, request whichever is sooner, submit the grievance, in writing to writing, the Association that his/her may request, in writing, the grievance be submitted to arbitration. b. The Association shall, within twelve B. Within ten (1210) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides that the alleged grievance has merit and that the decision at Level Two is not acceptable, it shall, within twelve (12) school days after receipt of the Level Two decision, submit the grievance to arbitration by so notifying the Board in writing. If the Association decides, either that the alleged grievance lacks merit or that the decision at Level Two is in the best interest of the school system and the employee, it shall send written notification within five (5) days of reaching its judgment to the employee. c. Within five (5) days after the such written notice is received by the Boardof submission to arbitration, the Board District and the Association shall select jointly an attempt to agree upon a mutually acceptable arbitrator who is an experienced and impartial person of recognized competenceshall obtain a commitment from said arbitrator to serve. If the parties are unable to agree on upon an arbitrator to obtain such a commitment within five the specified period, a request for a list of three (53) days, arbitrators may be made to the American Arbitration Association shall be called upon immediately to select an arbitratorPennsylvania Bureau of Mediation by either party. d. C. The arbitrator so selected shall confer promptly with the representatives of the Board District and of the Association, shall review the records of the prior meetings, Association and hold hearings promptly and shall hold such further hearings as he/she deems necessary. His/her recommendations will be issued within a reasonable time after issue his decision not later than twenty (20) days from the date of the close of the last hearing hearings, or, if oral hearing has hearings have been waived, within a reasonable time after then from the date of the final statements and evidence have been proofs on the issues are submitted to him/her. e. . The arbitrator’s recommendations decision shall be submitted in writing to the Board, with a copy to the Association, and shall set forth his/her findingshis findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s recommendations arbitrator shall be consistent with existing statutes. f. without power and authority to make any decision, which requires the commission of an act prohibited by law or which is a violation of or beyond the terms of this Agreement. The Board shall take official action on the report of the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concerned. g. All costs and expenses from the services of the arbitrator shall be shared submitted to the District and the Association and shall be final and binding to the parties. In the event the arbitrator does not render a decision within twenty (20) days from the date of the close of the hearings, the failure shall not void the decision and award rendered. D. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room and court reporter shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring the same, including all time lost as a result of such proceeding. E. Up to three (3) members of the bargaining unit, including the grievant, his/her immediate representative and the chairperson of the Grievance Committee, may utilize Association or personal days in order to attend arbitration hearings. In the event the Association utilizes other employees, or these persons mentioned herein have exhausted all such days, the Association shall pay to the District the amount expended by the District to employ substitutes for such absence.

Level Three - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the decision is rendered or within ten (10) days after the meeting with the Superintendent, request in writing to the Association that his/her grievance be submitted to arbitration. b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides that the alleged grievance has merit and that the decision at Level Two is not acceptable, it shall, shall within twelve (12) days after receipt of the Level Two decision, submit the grievance to arbitration by so notifying the Board in writing. If the Association decides, either that the alleged grievance lacks merit or that the decision at Level Two is in the best interest of the school system and the employee, it shall send written notification within five (5) days of reaching its judgment to the employee. c. Within five (5) days day as after the written notice is received by the Board, the Board and the Association shall select jointly an arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree on an arbitrator within five (5) days, the American Arbitration Association shall be called upon immediately to select an arbitrator. d. The arbitrator shall confer promptly with representatives of the Board and of the Association, shall review the records of the prior meetings, and shall hold such further hearings as he/she deems necessary. His/her recommendations will be issued within a reasonable time after the close of the last hearing or, if oral hearing has been waived, within a reasonable time after final statements and evidence have been submitted to him/her. e. The arbitrator’s recommendations shall be submitted in writing to the Board, with a copy to the Association, Association and shall set forth his/her findings, reasoning and conclusions on the issues submitted. The arbitrator’s recommendations shall be consistent with existing statutes. f. The Board shall take official action on the report of the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concerned. g. All costs and expenses from the services of the arbitrator shall be shared equally by the Board and the Association.fifteen

Level Three - Arbitration. a. If the aggrieved person grievant is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the Two or if no decision is has been rendered or within ten (10) days after the meeting he/she has first met with the Superintendentsuperintendent, he/she may, within five (5) days after a decision by the superintendent or fifteen (15) days after he/she has first met with the superintendent, whichever is sooner, request in writing to that the Association that submit his/her grievance be submitted to arbitration. b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides determines that the alleged grievance has merit and that involves the decision at Level Two is not acceptableinterpretation, meaning or application of any of the provisions of this Agreement, it shallmay, by written notice to the superintendent within twelve fifteen (1215) days after receipt of the Level Two decisionrequest from the grievant, submit the grievance to arbitration by so notifying the Board in writingbinding arbitration. If any question arises as to whether a particular dispute involves the Association decidesinterpretation, either that the alleged grievance lacks merit meaning or that the decision at Level Two is in the best interest application of any of the school system and provisions of this Agreement, such question will first be ruled upon by the employeearbitrator selected to hear the dispute. Except as otherwise expressly provided in this Agreement, it shall send written notification within five the arbitration will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (5) days of reaching its judgment herein referred to as the employee"AAA Rules"). c. b. Within five ten (510) days after the such written notice is received by the Boardof submission to arbitration, the Board superintendent and the Association shall select jointly an will attempt to agree upon a mutually acceptable arbitrator who is an experienced and impartial person of recognized competenceto obtain a commitment from such arbitrator to serve. If the parties are unable to agree on upon an arbitrator or to obtain such a commitment within five the ten (510) daysday period, a request for a list of arbitrators may be made to the Employment Relations Board (▇▇▇) by either party. As soon as the list is received, the American Arbitration Association parties or their designated representative shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list and the fifth and remaining name shall be called upon immediately to select an the arbitrator. d. c. The arbitrator shall so selected will confer promptly with the representatives of the Board superintendent and of the Association, shall review the records of the prior meetings, Association and shall hold such further hearings as he/she deems necessary. Hispromptly and will issue his/her recommendations will be issued within a reasonable time after decision not later than thirty (30) days from the date of the close of the last hearing hearings or, if oral hearing has hearings have been waived, within a reasonable time after then from the date the final statements statement and evidence have been proofs are submitted to him/her. e. . The arbitrator’s recommendations shall 's decision will be submitted in writing to the Board, with a copy to the Association, and shall will set forth his/her findingsfindings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator will be submitted to the District and the Association and will be final and binding upon the parties. d. The costs for the services of the arbitrator’s recommendations shall , including per diem expenses, if any, and his/her travel and subsistence expenses and the cost of any hearing room will be consistent with existing statutesborne equally by the District and the Association. All other costs will be borne by the party incurring them. e. Any information, material or testimony of witnesses not previously made known to each party prior to arbitration may not be used in arbitration. f. The Board shall take official action on names of any witnesses who will be used in arbitration must be made known to the report of other party seventy-two (72) hours prior to the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concernedfirst arbitration session. g. All costs and expenses from the services of the arbitrator shall be shared equally by the Board and the Association.

Level Three - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the decision is rendered or within ten (10) days after the meeting with the Superintendent, request in writing to the Association that his/her grievance be submitted to arbitration. b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides that the alleged grievance has merit and that the decision at Level Two is not acceptable, it shall, within twelve (12) days after receipt of the Level Two decision, submit the grievance to arbitration by so notifying the Board in writing. If the Association decides, either that the alleged grievance lacks merit or that the decision at Level Two is in the best interest of the school system and the employee, it shall send written notification within five (5) days of reaching its judgment to the employee. c. Within five (5) days after the written notice is received by the Board, the Board and the Association shall select jointly an arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree on an arbitrator within five (5) days, the American Arbitration Association shall be called upon immediately to select an arbitrator. d. The arbitrator shall confer promptly with representatives of the Board and of the Association, shall review the records of the prior meetings, and shall hold such further hearings as he/she deems necessary. His/her recommendations will be issued within a reasonable time after the close of the last hearing or, if oral hearing has been waived, within a reasonable time after final statements and evidence have been submitted to him/him/ her. e. The arbitrator’s arbitrator s recommendations shall be submitted in writing to the Board, with a copy to the Association, and shall set forth his/her findings, reasoning reasonings and conclusions on the issues submitted. The arbitrator’s arbitrator s recommendations shall be consistent with existing statutes. f. The Board shall take official action on the report of the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concerned. g. All costs and expenses from the services of the arbitrator shall be shared equally by the Board and the Association.

Level Three - Arbitration. a. If the aggrieved person grievant is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the Two or if no decision is has been rendered or within ten (10) days after the meeting he/she has first met with the Superintendentsuperintendent, he/she may, within five (5) days after a decision by the superintendent or fifteen (15) days after he/she has first met with the superintendent, whichever is sooner, request in writing to that the Association that submit his/her grievance be submitted to arbitration. b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides determines that the alleged grievance has merit and that involves the decision at Level Two is not acceptableinterpretation, meaning or application of any of the provisions of this Agreement, it shallmay, by written notice to the superintendent within twelve fifteen (1215) days after receipt of the Level Two decisionrequest from the grievant, submit the grievance to arbitration by so notifying the Board in writingbinding arbitration. If any question arises as to whether a particular dispute involves the Association decidesinterpretation, either that the alleged grievance lacks merit meaning or that the decision at Level Two is in the best interest application of any of the school system and provisions of this Agreement, such question will first be ruled upon by the employeearbitrator selected to hear the dispute. Except as otherwise expressly provided in this Agreement, it shall send written notification within five the arbitration will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (5) days of reaching its judgment herein referred to as the employee"AAA Rules"). c. b. Within five ten (510) days after the such written notice is received by the Boardof submission to arbitration, the Board superintendent and the Association shall select jointly an will attempt to agree upon a mutually acceptable arbitrator who is an experienced and impartial person of recognized competenceto obtain a commitment from such arbitrator to serve. If the parties are unable to agree on upon an arbitrator or to obtain such a commitment within five the ten (510) daysday period, a request for a list of arbitrators may be made to the Employment Relations Board (▇▇▇) by either party. As soon as the list is received, the American Arbitration Association parties or their designated representative shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list and the fifth and remaining name shall be called upon immediately to select an the arbitrator. d. c. The arbitrator shall so selected will confer promptly with the representatives of the Board superintendent and of the Association, shall review the records of the prior meetings, Association and shall hold such further hearings as he/she deems necessary. Hispromptly and will issue his/her recommendations will be issued within a reasonable time after decision not later than thirty (30) days from the date of the close of the last hearing hearings or, if oral hearing has hearings have been waived, within a reasonable time after then from the date the final statements statement and evidence have been proofs are submitted to him/her. e. . The arbitrator’s recommendations shall 's decision will be submitted in writing to the Board, with a copy to the Association, and shall will set forth his/her findingsfindings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s recommendations shall arbitrator will be consistent with existing statutes. f. without power or authority to make any decisions which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The Board shall take official action on the report decision of the arbitrator within fifteen (15) days of its receipt will be submitted to the District and shall render its decision in writing to all parties concernedthe Association and will be final and binding upon the parties. g. All d. The costs and expenses from for the services of the arbitrator shall arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses and the cost of any hearing room will be shared borne equally by the Board District and the Association. All other costs will be borne by the party incurring them.

Level Three - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the decision is rendered or within ten (10) days after the meeting with the Superintendent, request in writing to the Association that his/her grievance be submitted to arbitration. b. The Association shall, within twelve (12) days of receipt of the Level Two decision, make a judgment on the merits of the alleged grievance. If the Association decides that the alleged grievance has merit and that the decision at Level Two is not acceptable, it shall, shall within twelve (12) days after receipt of the Level Two decision, submit the grievance to arbitration by so notifying the Board in writing. If the Association decides, either that the alleged grievance lacks merit or that the decision at Level Two is in the best interest of the school system and the employee, it shall send written notification within five (5) days of reaching its judgment to the employee. c. Within five (5) days day as after the written notice is received by the Board, the Board and the Association shall select jointly an arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree on an arbitrator within five (5) days, the American Arbitration Association shall be called upon immediately to select an arbitrator. d. The arbitrator shall confer promptly with representatives of the Board and of the Association, shall review the records of the prior meetings, and shall hold such further hearings as he/she deems necessary. His/her recommendations will be issued within a reasonable time after the close of the last hearing or, if oral hearing has been waived, within a reasonable time after final statements and evidence have been submitted to him/her. e. The arbitrator’s recommendations shall be submitted in writing to the Board, with a copy to the Association, Association and shall set forth his/her findings, reasoning and conclusions on the issues submitted. The arbitrator’s recommendations shall be consistent with existing statutes. f. The Board shall take official action on the report of the arbitrator within fifteen (15) days of its receipt and shall render its decision in writing to all parties concerned. g. All costs and expenses from the services of the arbitrator shall be shared equally by the Board and the Association.