3-10. Arbitration
3-10.1. Permanent Panel.
The parties shall establish a permanent panel of ten arbitrators to conduct hearings and to issue final and binding awards on grievances. Arbitrators shall have no jurisdiction to hear disciplinary matters except as specifically set forth in this Agreement. Arbitrators may be removed from the permanent panel by written notice from one party to the other requesting removal. Cases pending before a removed arbitrator shall not be affected. The parties shall make every effort to agree upon a substitute arbitrator. In no event may the arbitration panel be fewer than seven arbitrators. The parties will add additional arbitrators to their standing panel and explore options on how best to utilize available arbitrators.
3-10.2. Demand for Arbitration.
Within fifteen school days after receiving the decision of the Chief Executive Officer or the Executive Director of Administrative Hearings or designee, pursuant to Article 3-7 or 3-8, the UNION only may file a demand for arbitration with the Executive Director of Administrative Hearings. Within fifteen school days thereafter, the parties will mutually agree to an arbitrator for that grievance, selecting from the permanent panel. If the parties cannot mutually agree upon an arbitrator, then the arbitrator shall be selected through a striking process with the UNION striking first and then the BOARD until one arbitrator remains. Within five school days of selection of an arbitrator, the parties will contact the arbitrator directly and notify the arbitrator of their appointment, request available hearing dates and mutually agree to a hearing date. At least seven calendar days before the hearing, the arbitrator shall mail notice of the date, time and place of the hearing to the BOARD and the UNION. The arbitrator for good cause shown may postpone the hearing or extend any period of time upon request of a party or upon their own initiative and shall postpone the hearing or extend any period of time upon mutual agreement of the parties.
3-10.3. Subpoenas in Arbitration.
Whenever the UNION requests the issuance of subpoenas for the appearance of witnesses at an arbitration hearing, the UNION shall immediately forward copies of such requests to the Executive Director of Administrative Hearings. The UNION shall agree to pay the full cost of substitute service for the bargaining unit employee required to appear as a witness at said arbitration hearing.
3-10.4. Decisions and Awards.
Within sixty calendar days after the closing of the record, the arbitrator shall render a decision and opinion. The decision shall be final and binding on the parties. The cost of the arbitrator shall be equally shared by the parties.
3-10.5. Pre-Arbitration Meeting.
After an arbitration hearing date has been set for a grievance, the BOARD or the UNION may request a pre-arbitration meeting between counsel for the parties. The meeting shall occur within 45 calendar days of the written request, except where a party has good cause for being unable to meet within 45 calendar days. In such cases, the pre-arbitration meeting shall take place as soon as practicable, but no later than 30 calendar days prior to the arbitration hearing. At the pre-arbitration meeting, the parties’ counsel: (A) shall discuss the scope of the grievance and the remedy the union will be seeking, (B) shall each propose an issue statement, and (C) shall discuss any potential for settlement. Within a reasonable amount of time thereafter, the parties will attempt to agree to a joint issue statement.