Board of Education The grievant shall present his/her written grievance to the Board of Education by letter to the President of the Board. Either party may request a hearing, which must be held at a regularly scheduled Board meeting, or before a committee of the Board if mutually agreed, within the time limit for the Board’s response. The Board’s decision shall be binding on the grievant, the Union, and the District.
a) The Board of Education must respond within twenty (20) working days after it receives the appeal.
b) If the grievance is not satisfactorily resolved at Step 3, or the Board of Education does not render its decision within the time limit, the grievant may appeal to Step 5.
a) Within ten (10) days after the decision has been made at Step 4, the grievant may submit the grievance to arbitration by notifying the President of the Board, with a copy to the Superintendent of Schools to that effect. The notice must include a brief statement setting forth precisely the issue being submitted to arbitration and the specific provision or provisions of the agreement alleged to have been violated.
b) Within ten (10) days after the Superintendent receives the written submission to arbitration, the Superintendent or his/her designee and the grievant and/or the Union shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator, the parties will then request a list of arbitrators from the American Arbitration Association. If the dispute is submitted to the American Arbitration Association, the Union shall pay the filing fee.
c) The arbitrator shall hear the matter promptly and shall issue his/her decision not later than thirty (30) calendar days from the date the hearing is closed (after all documents and briefs, if any, have been submitted). The arbitrator’s decision shall be in writing, and shall set forth findings of fact and recommendations on all issues submitted. The arbitrator shall have no authority to add to, subtract from, or modify the agreement or any provision of it. The recommendations of the arbitrator shall be final and binding upon the grievant, the Union, and the District.
c) The cost for the services of the arbitrator, including expenses, if any, shall be borne equally by the District and the Union. Each party will pay for its own advocates and representatives, if any.
Organization; Authority Such Purchaser is either an individual or an entity duly incorporated or formed, validly existing and in good standing under the laws of the jurisdiction of its incorporation or formation with full right, corporate, partnership, limited liability company or similar power and authority to enter into and to consummate the transactions contemplated by the Transaction Documents and otherwise to carry out its obligations hereunder and thereunder. The execution and delivery of the Transaction Documents and performance by such Purchaser of the transactions contemplated by the Transaction Documents have been duly authorized by all necessary corporate, partnership, limited liability company or similar action, as applicable, on the part of such Purchaser. Each Transaction Document to which it is a party has been duly executed by such Purchaser, and when delivered by such Purchaser in accordance with the terms hereof, will constitute the valid and legally binding obligation of such Purchaser, enforceable against it in accordance with its terms, except: (i) as limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by applicable law.
