Level Five - Arbitration. If the grievant is not satisfied with the decision of the Board, the Association may submit the grievance to arbitration as follows:
Level Five - Arbitration. If the decision of the Board is not satisfactory to the Association, the grievance may be submitted to arbitration. If submitted, it must be done within twenty (20) school days of the date of the Board level response. The arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such Arbitration proceedings, any grounds or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act.
Level Five - Arbitration a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Four, or if no decision has been rendered within thirty (30) school days after the grievance was delivered to the Board, he may, within five (5) school days after a decision by the Board or thirty-five (35) school days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within five (5) school days after receipt of a request by the aggrieved person.
Level Five - Arbitration. Within five (5) working days from receipt of the Board’s written response, the grievant shall make written notification to the Board and the Association that the grievance will be submitted to arbitration. Within five (5) days, the arbitrator shall be selected by the Association and the Superintendent. If the Association and the Superintendent cannot agree on an arbitrator, the arbitrator shall be selected from the American Arbitration Association according to its voluntary rules and regulations. The arbitrator shall hold such meetings as he/she determines necessary to make a fair and impartial decision on the grievance as stated. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Master Contract, public law, and statutes and shall be prohibited from making any decision contrary to law. The decision of the arbitrator shall be made in writing to the aggrieved and the Board, and shall be binding on all parties. Cost of the arbitrator shall be shared equally by the aggrieved and the Board.
Level Five - Arbitration a. If the Association is not satisfied with the disposition of the grievance at Level Four, the Association may, within five (5) days of the conclusion of FMCS mediation, submit the grievance to binding grievance arbitration. A copy of that submission shall be provided to the Superintendent.
Level Five - Arbitration a. If the aggrieved person is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the time limits, the aggrieved person and the Association shall meet within five (5) school days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration.
Level Five - Arbitration. If the Association is dissatisfied with the decision of the Board of Education, and if the grievance pertains to a matter of the expressed formal Agreement herein between the Board and the Association, the Association may request the appointment of an arbitrator. Such request shall be made known to the Superintendent in writing within thirty (30) calendar days of receipt of decision of the Board of Education. In order for a grievance to proceed beyond Level Four, such action must be initiated by the Association.
Level Five - Arbitration. Within ten (10) days of receipt of the level 4 response, or if the Board fails to file a timely response, the grievant and the Union shall notify the Board of their intent to proceed to arbitration.
Level Five - Arbitration. If the parties are unable to agree on an arbitrator, he/she shall be selected by the alternate strike method from a list of seven (7) names submitted by the Federal Mediation and Conciliation Service. The decision of the arbitrator shall be final and binding on all parties. Cost for services of the arbitrator will be borne equally by the Board of Education and the local union involved in the grievance. If the arbitration involves a disciplinary action under provisions of the agreement, the loser will assume the cost of the arbitrator.
Level Five - Arbitration. If the grievant is not satisfied with the disposition at Level Three or if the issue is not resolved at Level Four, then they may initiate this Level Five procedure. The Association and the aggrieved may refer the grievance to an arbitrator by giving notice to the Superintendent and/or the Board of its desire to do so. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on all parties. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall in no way interfere with management prerogative involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The costs for arbitration shall be shared equally by the Board and the Association.
