Common use of Board of Education Clause in Contracts

Board of Education. If the grievant is not satisfied with the action taken by the Superintendent, the grievant may complete the Grievance Report Form Step III and submit the grievance to the Board. Failure to file such an appeal within five (5) working days from receipt of the written notice of the Superintendent’s action on said grievance shall be deemed a waiver of the right of appeal. At the next regular Board meeting, the Board shall meet with the grievant. All grievance meetings will be conducted in executive session and will consist of a presentation by the grievant (or his/her personal representative) as to the reasons why the requested relief should be granted. The Board may receive such additional information as it deems necessary. No later than five (5) days after the Board meeting, the Board shall indicate in writing its disposition of the grievance by completing its portion of Step III and forwarding it to the grievant and the Association. Advisory Arbitration Within five (5) days after notice of the action of the Board of Education on the grievance, the grievant may submit the matter to advisory arbitration by filing the properly completed grievance report form with the Superintendent. The arbitrator will be selected by agreement between the designated representative of the Board and the Association. If the parties are unable to select the arbitrator by agreement, the arbitrator will be selected from one or more lists provided by the American Arbitration Association. The arbitrator will after the hearing issue a written report setting forth his findings of fact and recommendations. The arbitrator’s decision and award will be advisory only and not binding. Costs of the arbitrator will be divided equally between the Board and the Associations. Each party will be solely responsible for costs of his/her representative and his/her transcripts if so desired.

Board of Education. If the grievant is not satisfied with the action taken disposition made by the Superintendentsuperintendent, or if no disposition has been made within the above-stated time limits, then the grievant may will complete the Grievance Report Form Form, Step III within seven (7) school days after receiving the disposition of the superintendent or their designee or after the above-stated time limits have expired, and submit the grievance to the Board. Failure to file such an appeal within five (5) working days from receipt of the written notice of the Superintendent’s action on said grievance shall be deemed Board by filing a waiver of the right of appeal. At the next regular Board meeting, the Board shall meet copy with the grievant. All grievance meetings will be conducted in executive session and will consist of a presentation by the grievant (or his/her personal representative) as to the reasons why the requested relief should be granted. The Board may receive such additional information as it deems necessary. No later than five (5) days after the Board meeting, the Board shall indicate in writing its disposition of the grievance by completing its portion of Step III and forwarding it to the grievant and the Association. Advisory Arbitration Within five (5) days after notice of the action President of the Board of Education on and the grievancesuperintendent or, the grievant may submit the matter to advisory arbitration by filing the properly completed grievance report form with the Superintendent. The arbitrator will be selected by upon mutual written agreement between the designated representative of the Board and the Association, to arbitration before an impartial arbitrator as hereinafter provided. If the grievance is submitted to the Board, the Board at its next regularly-scheduled meeting, or subsequent meeting as agreed by the grievant, will meet with the grievant, the Association representative, and the superintendent and/or their designee, to review such grievance in executive session or give such grievance the consideration as it will deem appropriate. The disposition by the Board will be made to the grievant by completing Grievance Report Form, Step III, within seven (7) days of the meeting. A notification of such disposition will be furnished the grievant, the Association, and the immediate supervisor. STEP IV (ARBITRATION) If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made by the Board within the period above provided, or if the Board and the Association have chosen to instead submit the grievance to arbitration, the grievance may be submitted to arbitration before an impartial arbitrator by the Association's completion of Grievance Report Form, Step IV, and filing of same with the Board. If the Association fails to forward to the Board the Grievance Report Form, Step IV, within twenty (20) school days of receipt by the Association of the Board's disposition, when Step III has been used, then the grievance will be considered waived. If the American Arbitration Association is not notified within thirty (30) days of the notification to the Board, the grievance will be considered waived. If the parties are unable cannot agree as to select the arbitrator by agreementarbitrator, the arbitrator they will be selected from one or more lists provided by the American Arbitration AssociationAssociation in accordance with its rules, which rules will likewise govern the arbitration proceedings. Both the Board and the Association will have the right to reject one panel in its entirety and request that a new panel be submitted. Either party has the right to request that any panel that is submitted be limited to members of the National Academy of Arbitrators. The arbitrator will after have no power to alter, add to, or subtract from the hearing issue a written report setting forth his findings terms of fact and recommendationsthis Agreement. The arbitrator’s decision Board and the Association will not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. Both parties agree that the award will be advisory only and not binding. Costs of the arbitrator will be divided equally between the final and binding. The Board and the Associations. Each party Association will be solely responsible for costs share equally the cost of his/her representative and his/her transcripts if so desiredthe arbitration.

Board of Education. If the grievant aggrieved person is not satisfied with the action taken by response at the Superintendent's level, he/she may request that the grievant may complete Board review the Grievance Report Form Step III and submit decision. Such request must be made within ten (10) days of the Superintendent's written response or within ten (10) days from the latest date on which the Superintendent should have responded under the terms of Level II above, whichever is earlier. The aggrieved shall, at the time of his/her request, provide all information which he/she wishes the Board to consider in reviewing the grievance. The Board shall review the written submission of the aggrieved, together with other documentation relevant to the grievance and shall make a decision within thirty (30) days of the aggrieved's request for Board review. The Board's decision shall be transmitted in writing to the aggrieved. If the aggrieved person is not satisfied with the decision of the Board. Failure to file such an appeal , he/she may within five (5) working school days from of receipt of the written notice of Board's decision ask the Superintendent’s action on Association to submit said grievance to arbitration. Within twenty (20) school days the Association shall decide whether to file for arbitration. If the Association fails to file for arbitration within that time period, the grievance shall be deemed a waiver of the right of appealabandoned. At the next regular Board meeting, the Board shall meet with the grievant. All grievance meetings will be conducted in executive session and will consist of a presentation by the grievant Level IV - Arbitration Within ten (or his/her personal representative10) as to the reasons why the requested relief should be granted. The Board may receive such additional information as it deems necessary. No later than five (5) school days after the Board meeting, the Board shall indicate in writing its disposition of the grievance by completing its portion of Step III and forwarding it to the grievant and the Association. Advisory Arbitration Within five (5) days after such written notice of the action of the Board of Education on the grievancesubmission to arbitration, the grievant may submit the matter to advisory arbitration by filing the properly completed grievance report form with the Superintendent. The arbitrator will be selected by agreement between the designated representative of the Board and the AssociationAssociation shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to select agree upon an arbitrator or are unable to obtain such a commitment within the arbitrator by agreementspecified period, the arbitrator will a request for a list of arbitrators may be selected from one or more lists provided by made to the American Arbitration Association. The arbitrator will after so selected shall confer with the hearing issue a written report setting forth his findings representatives of fact and recommendations. The arbitrator’s decision and award will be advisory only and not binding. Costs of the arbitrator will be divided equally between the Board and the AssociationsAssociation and hold hearings promptly. Each party will be solely responsible for costs of The arbitrator shall issue his/her representative decision no later than twenty (20) days from the date of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs were submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her transcripts findings or fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decisions that require the commission of an act prohibited by law or which is violative of the terms of this agreement. The decision of the arbitrator shall be final and binding on the parties. The cost for the services of the arbitrator, including per diem expenses, if so desiredany, and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Board of Education. If In the grievant event the grievance is not satisfied resolved at Level I, the administrator may, within seven (7) days after the Superintendent's decision, or within fourteen (14) days after the meeting with the action taken by the Superintendent, the grievant may complete the Grievance Report Form Step III and submit the grievance in writing to the BoardBoard of Education. Failure to file such an appeal within five (5) working days from receipt The Board of the written notice of the Superintendent’s action on said grievance shall be deemed a waiver of the right of appeal. At the next regular Board meeting, the Board Education or its designated committee shall meet with the grievant. All administrator for the purpose of resolving the grievance meetings will be conducted in executive session and will consist not later than thirty (30) days after receipt of a presentation by the grievant (or his/her personal representative) as to the reasons why the requested relief should be grantedgrievance. The Board may receive or its committee shall, within ten (10) days after such additional information as it deems necessarymeeting, render its decision and the reasons therefore in writing to the administrator, with a copy to the Association. No later than Level Three - Arbitration In the event a grievance is not resolved at Level II, an administrator may, within five (5) days after the Board meetingdecision, the Board shall indicate request in writing its disposition to the President of the Association or his or her designee that the grievance by completing its portion of Step III and forwarding it be submitted to the grievant and the Associationarbitration. Advisory Arbitration Within The Association may, within five (5) days after notice receipt of such request, submit the grievance to arbitration by so notifying the Board in writing, and by filing a demand for arbitration under the voluntary labor arbitration rules of the action American Arbitration Association, which shall act as the administrator of the proceedings and conduct them in accordance with its administrative procedures, practices and rules. In no event shall the submission to the American Arbitration Association be made no later than ten (10) days following the decision of the Board or the expiration of Education on the grievancetime limit for making such decision, whichever occurs first. No administrator may file for arbitration as an individual; only the grievant Association may submit file an appeal for arbitration hereunder. Notwithstanding the matter foregoing, nothing in this section shall preclude the parities form mutually agreeing to advisory arbitration by filing the properly completed grievance report form with the Superintendentany arbitrator of recognized qualifications. The arbitrator will be selected by agreement between shall confer promptly with the designated representative representatives of the Board and Association, shall review the Association. If record of the parties are unable to select prior meetings, and shall hold such further meetings with the arbitrator by agreement, Association and the arbitrator will be selected from one Board as he or more lists provided by the American Arbitration Associationshe shall deem appropriate. The arbitrator will after the hearing issue a written report setting forth shall render his or her findings of fact fact, reasoning, and recommendationsconclusions on the issues submitted and shall make appropriate compensatory awards when necessary. The arbitrator’s arbitrator shall hear and decide only one grievance in each case. He or she shall be bound by and must comply with all the terms of this Agreement. He or she shall not have the power to add to, delete from, or modify in any way the provisions of this Agreement. The decision and award will be advisory only and not binding. Costs of the arbitrator will shall be divided equally between final and binding upon the Board Board, Association, and the Associations. Each party will be solely responsible for costs of his/her representative and his/her transcripts if so desiredadministrator affected.