Master Agreement 2005 - State Employment Relations Board

legally charged with the responsibility of operating the
school system. The sole power of the arbitrator shall be
to determine whether the terms of this Agreement have
been violated, misinterpreted or inequitably applied, and
the arbitrator shall have no power or authority to make
any decision which modifies, alters or amends any terms
of this Agreement or which is violative of the terms of
this Agreement. Thearbitratorshallnot substitute
his/her judgment for that of the Board, except in the following
circumstances:
A. Where an issue to be determined by the arbitrator is
an issue of fact;
B. Where the issue before the arbitrator involves the
interpretation of the terms of this Agreement.
111.05 Thedecision of the arbitrator shall be submitted to
the Board and to the Association and, subject to law and
the foregoing stipulations of this Agreement, shall be
final and binding in respect to the interpretation, meaningorapplication
of any provision of this Agreement.
Other recommendations of the arbitrator shall be advisory
only and no judgment may be entered thereon.
111.06 The costs for the services of the arbitrator, including
per diem expenses, if any, and actual and necessary travel
and subsistence expenses, as well as the related cost of
the American Arbitration Association services, shall be
bornetotally by the loser. The arbitrator shall designate
in his/her award the prevailing party, or the predominately
prevailing party, and shall submit all charges to
the other party for payment. Such charges shall not be
divided bythearbitratorbetweentheparties in any manner
or under any circumstances without prior approval
of both parties. The expenses of witnesses and other representatives
shall be borne by the party they represent. A
stenographic record of the arbitration proceedings shall
be made. Each party shall pay for its own copy of such
record, and the parties shall share equally the cost of the
arbitrator’s copy. The parties may mutually agree to
forego a stenographic record.
Article 112
Agency Fee
112.01 All teachers who are not members of the Association
shall pay amonthlyagency fee equivalent to the
monthly dues uniformly required of such members, not
including initiation fees, fines or assessments, as certified
by theAssociation to the Treasurer before each school
year and as further necessary to be accurate. Such payment
shall be subject to a rebate procedure provided by
the Association meeting all requirements of applicable
state and federal law.
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