NELSON HOUSE TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2013/08/01 - 2018/07/31

ARTICLE 22.00 - PROVISIONS FOR SETTLEMENT OF DISPUTES (GRIEVANCES)

Step Three - Grievance Arbitration Process

22.06(a) Within twenty (20) teaching days after receiving the Board’s reply and failing a satisfactory settlement, either party may refer the dispute to arbitration by giving notice to the other party in writing.

22.06(b) Within ten (10) teaching days of a referral to arbitration the parties shall attempt to agree on a sole arbitrator.

22.06(c) In the event the parties cannot reach an agreement on a sole arbitrator, the parties shall appoint a three (3) person Arbitration Board.  Both the Education Authority and the Association shall notify each other, within ten (10) teaching days of their appointee to that Arbitration Board.  In turn, within ten (10) teaching days, the two (2) appointees shall select a third member who shall be the Chairperson of the Arbitration Board and without delay notify the Education Authority and the Association of the name of the Chairperson.

22.06(d) The Arbitrator so appointed shall not be empowered to make any decision inconsistent with the provisions of this Agreement, or to modify or amend any portion of this Agreement.

22.06(e) The Arbitrator shall determine his own procedure, but shall provide full opportunity to all Parties to present evidence and make representations.  The Arbitrator shall hear and determine the dispute and render a written decision within thirty (30) calendar days from the time it holds its final meeting.

22.06(f) The final decision of the Arbitrators shall be final and binding and enforceable on all Parties and may not be changed, except that either Party may apply within five (5) calendar days to have the Arbitration reconvened within five (5) further days in order to clarify the decision.

22.06(g) Each Party shall pay one-half (1/2) of the fees and expenses of the Arbitrator.

22.06(h) Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever.

In the event of extenuating circumstances the parties may extend the timelines in this Article by mutual agreement.