Step 4. Contribution - Amortize the result in Step 3 by multiplying it by the applicable factor from Table II. For the Plan Year in which the Participant attains Normal Retirement Age and for any subsequent Plan Year, the applicable factor is 1.0.
Step 4. If the grievance is not settled at step three, the Executive Board of the Association may choose to present the facts of the grievance, with or on behalf of the grievant, to the Professional Council or to arbitration. If presented to the Professional Council, the grievant(s) and/or the grievance chair will present the facts of the grievance to the council. Following such presentation the Professional Council will discuss the grievance and the superintendent will render a decision in writing. Once the grievance has been presented to the council and a decision is rendered, the grievance is not eligible for arbitration. Only the MCEA/MEA or the Board may refer the matter to arbitration, provided that notice to refer the matter is given to the other party within five (5) working days from the receipt of the Board's written decision at Step Three. The grievance will be submitted to arbitration under and in accordance with the rules of the American Arbitration Association. The arbitrator shall hear the grievance in dispute and shall render the decision within thirty (30) days from the close of the hearings. The arbitrator's decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issues submitted to arbitration. The arbitrator shall confine the decision to the particular case submitted. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The arbitrator shall have no authority except to pass upon alleged violations of the express provisions of this Agreement and to determine disputes involving the application or interpretation of the express provisions of this Agreement. The arbitrator shall not render any decision which would require or permit an action in violation of the Michigan School Laws. The termination of probationary teachers shall not be subject to arbitration. The arbitrator's fee and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any non-teacher witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant.
Step 4. If the issue is not resolved in the foregoing manner within fifteen (15) days after the expiration of the time allotted in Step 3, the Association shall notify the Board of its intent to submit the grievance to final and binding arbitration. The parties may attempt to mutually agree upon an Arbitrator. If no mutually agreed to Arbitrator is selected, an Arbitrator will be selected under the rules of the American Arbitration Association which shall act as Administrator of the proceedings. The rules of AAA shall govern the proceedings.
Examples of Step 4 in a sentence
If the issue remains unresolved at STEP 3, the Union may submit in writing the grievance to arbitration (STEP 4).
In presenting a grievance of STEP 1 (at a formal conference), STEP 2, STEP 3, or STEP 4, a Grievance Review Request form must be submitted.
More Definitions of Step 4
Step 4. Arbitration: Individual grievants shall not have the right to process grievances to arbitration. If satisfactory disposition of the grievance(s) is not made as a result of previous steps, the Association shall have the right to appeal the dispute to an impartial arbitrator under and in accordance with the rules of the American Arbitration Association. Such appeal must be made within twenty (20) working days from the date of receipt of the decision at Step 3.
Step 4. If the answer is no, you will need to decide whether you want to take your appeal further. • There are three additional levels of appeal after Level 2, for a total of five levels of appeal. If reviewers turn down your Level 2 Appeal, you can choose whether to accept that decision or to go on to Level 3 and make another appeal. At Level 3, your appeal is reviewed by a judge. • Section 8 in this chapter tells more about Levels 3, 4, and 5 of the appeals process.
Step 4. Compare the percent of increase in the average daily cost per vehicle to the percentage by which the CPI as of May of the base year shall have increased over the CPI as of May of the year previous to the base year. Whichever is the lesser of the two (2) percentages will be the allowable increase applied to the daily rate(s) for the affected Extension Year.
Step 4. The aggrieved employee may submit said grievance to the City Manager within seven (7) calendar days of the receipt of the reply from the Fire Chief. The City Manager shall respond to the aggrieved employee in writing within fourteen (14) calendar days. At the option of the grievant, the employee may proceed to STEP 5. STEP 5. Arbitration: The Union may request arbitration in writing to the American Arbitration Association no later than fourteen (14) calendar days after the response of the City Manager. An arbitrator shall be chosen by obtaining seven (7) random names from the American Arbitration Association, and the City and Union shall each alternately strike a name from the list until one name remains. A coin toss shall determine whether the City or Union strikes a name first. At the arbitration hearing the aggrieved employee shall be accompanied by her/his Union representative and such additional Union representatives as required by the arbitrator. The arbitrator shall have access to all written documents and statements pertaining to the appeal of the grievance. The arbitrator shall render his decision no later than thirty (30) calendar days after the conclusion of the final hearing. Copies of the findings of the arbitrator made in accordance with the jurisdictional authority under this Agreement shall be furnished to both parties and shall be final and binding on both parties. Upon mutual agreement of both parties, expedited arbitration may be requested of the American Arbitration Association.
Step 4. A grievance dispute which is not resolved in Step 3 may be submitted by the Federation to arbitration. The proceeding may be initiated by written notice to the School Committee and the American Arbitration Association postmarked within thirty (30) work days after receipt of the decision of the School Committee at Step 3. The arbitrator shall issue his decision not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator's opinion and conclusion on the issue submitted. The decision of the arbitrator if made in accordance with his jurisdiction and authority under this Agreement will be accepted as final by the parties to the dispute and both will abide by it. The arbitrator's fee will be shared equally by the parties to the dispute.
Step 4. If the grievance is not resolved at Step 3, the Association may appeal the grievance to the Board of Education by filing a notice of appeal with the Board of Education Secretary within five (5) days after receipt of the Superintendent's written disposition. Upon receipt of the written grievance, the Board of Education shall schedule a hearing on the grievance to occur at the Board's next regularly scheduled meeting. The Board shall make a written disposition of the grievance no later than twenty (20) days from the time of the hearing of the grievance. The Board may hold future hearings thereon, may designate one or more of its members to hold future hearings thereon, or otherwise investigate the grievance. However, the final determination of the grievance by the Board shall be made not more than twenty (20) days after the initial Board hearing, except with the express written consent of the Association. STEP 5: If the grievance is not resolved at Step 4, the Association or the Employer may request arbitration as hereinafter provided in this Agreement. The party desiring arbitration must notify the other party of such desire, in writing, within ten (10) days of the day on which the written disposition was received or due at Step 4 of the Grievance Procedure. In the event that a party should fail to serve such written notice, the matter shall be considered settled on the basis of the disposition made in the last Step of the Grievance Procedure. After receipt of a desire to arbitrate, the parties shall attempt to agree on an arbitrator. If the parties are unable to so agree within ten (10) days, or within a longer period if mutually agreed upon, either party may submit the matter to the American Arbitration Association requesting that an arbitrator be selected with assistance and under the rules of the American Arbitration Association.
Step 4. A grievant dissatisfied with the Appointing Officer's response at Step 3 may appeal to the Director, Employee Relations Division, in writing, within fifteen (15) working days of receipt of the Step 3 answer. The Director may convene a grievance meeting within ten (10) working days with the grievant and/or the grievant's Union. The Director or designee shall respond to the grievance in writing within ten (10) working days of the meeting or, if none is held, within ten (10) working days of receipt of the appeal.