Board Of Aldermen - Agenda - 5/10/2022 - P94
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the Superintendent. The BOARD shall act upon the appeal within a period not to exceed fifteen (15)
workdays. The BOARD shall communicate its decision in writing to the UNION.
Failure at any step of this procedure by the Administration to communicate a decision on a grievance
within the specified time limits shall permit an appeal of the grievance to the next step. Failure at any
step of this procedure to appeal a grievance to the next step within the specified time limits shall be
deemed to be acceptance of the decision rendered at that step.
It is understood that employees shall continue to observe all assignments, directives and applicable
rules and regulations of the BOARD during the course of the resolution of a grievance until such
grievance and any effect thereof shall have been fully determined.
Aggrieved persons may be represented at all stages of the grievance procedure by themselves and by
a representative selected or approved by the Nashua Teachers’ Union.
When a grievant in Step 1 is not represented by the Nashua Teacher's Union in the processing of a
grievance, the Nashua Teachers’ Union shall, at the time of submission of the grievance at Step 2,
have the right to be present and to present its position at all meetings with the grievant held concerning
the grievance and shall receive a copy of decisions rendered.
If a grievance involving the interpretation or application of a specific provision of this Agreement has
not been settled after being fully processed through the grievance procedure above, then the UNION
may submit such grievance to arbitration by giving written notice thereof to the BOARD not later than
two (2) work weeks after the completion of Step 5. The grievance shall be considered as having been
settled in Step 5 unless it is so submitted to arbitration within such time limit.
The choice of the Arbitrator shall be by agreement of the parties. However, if such agreement has not
been reached within one (1) work week after the receipt of such written notice submitting the grievance
to arbitration, the grievance may be referred by the UNION to the American Arbitration Association for
the selection of an arbitrator in accordance with the rules of said Association applicable to labor
arbitrations. Any arbitration hereunder shall be conducted in accordance with such rules, subject to the
provisions of this Agreement.
Each grievance shall be separately processed in any arbitration proceeding under this Article.
There shall be no right to arbitration to obtain, and no arbitrator shall have any power to award or
determine, any change in, modification or alteration of, addition to, or subtraction from, any of the
terms of this Agreement.
The arbitrator selected will confer with representatives of the BOARD and the UNION. The arbitrator
will set forth findings in writing, and submit them to the BOARD and the UNION.
The decision of the arbitrator, if made in accordance with the arbitrator's jurisdiction and authority
under this Agreement, will be accepted as final and binding by both parties.
The BOARD agrees that it will apply to all substantially similar situations the decision of an arbitrator
sustaining a grievance and the UNION agrees that it will not bring or continue, or represent any
employee in any grievance which is substantially similar to a grievance denied by the decision of an
arbitrator.
The arbitrator's fee will be shared equally by both parties to the dispute.
School Board Grievances
The School Board and its representatives (including the Superintendent, but excluding any other
administrator) shall be entitled to file grievances against the UNION and its representatives involving
