Level Five. Arbitration
Level Five. Binding Arbitration (Any grievance filed on or after July 1, 2006)
Level Five a. Within twenty (20) days of receipt of the Board of Education’s decision, the Association may submit the grievance to binding arbitration by providing the Board with written notice of its intent to seek arbitration. Within five (5) days following receipt of notification to seek arbitration, the parties shall meet and attempt to mutually select an arbitrator. However, if the parties are unable to mutually select an arbitrator, he/she shall be selected in accordance with the rules of the American Arbitration Association (AAA). Neither the Board nor the Association shall be permitted to rely on any evidence in the arbitration proceeding if a request to see such evidence has been made by the other party and denied by the Board or the Association.
Level Five. Within twenty (20) days following the Board's response, the grievance may be submitted to binding arbitration. Individual members shall not have the right to submit grievances to arbitration; such right is vested solely with the Association. The selection of an arbitrator and the procedures governing arbitration shall be in accordance with the rules and procedures of the American Arbitration Association. All costs of arbitration shall be borne by the party whose case does not prevail.
Level Five a. In the event the grievance is not satisfactorily resolved at Level Four or if no decision is reached within a ten (10) school day period after completion of Level Four, the grievance shall be immediately transmitted to binding arbitration. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accord with its rules, which likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. 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 Five i. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board.
Level Five. If the Association is not satisfied with the disposition of the grievance at Level Four, it may, within fifteen
Level Five. If the grievance is not resolved in a mutually satisfactory manner within ten (10) days after the Review Committee meets with the Ad Hoc Committee, the Association may submit the grievance to binding arbitration. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the other party. 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. The fees and expenses of the arbitrator shall be paid by the losing party.
Level Five a. Within ten (10) days of the FMCS report, the grievant may request a hearing with the Board of Education.
Level Five. If the grievance is not resolved to the satisfaction of the Organization, the Organization may within sixty (60) calendar days submit the grievance to arbitration in accordance with the then applicable 'Voluntary Labor Rules' of the AMERICAN ARBITRATION ASSOCIATION. The arbitrator shall render his/her decision to the parties within thirty (30) calendar days of the close of hearings. Briefs, if any, shall be submitted within said thirty (30) calendar days period at such time as shall be designated by the arbitrator." The arbitrator's decision shall be final and binding on both the Committee and the Organization provided that said decision is not in conflict with the terms of the Agreement or State Statute. The cost of the arbitration shall be borne equally by the Committee and the Organization.
