Fifth Stage Sample Clauses

Fifth Stage. If the grievance is not satisfactorily resolved at the fourth stage, the UNION may submit the grievance to binding arbitration within twenty-five (25) teacher attendance days after receipt of the Board’s decision at the fourth stage, by requesting an arbitrator from the American Arbitration Association or Federal Mediation and Conciliation Services and filing a copy of the request with the Superintendent within the twenty-five (25) teacher attendance day period. The selection of the arbitrator shall follow the voluntary labor arbitration procedures of the American Arbitration Association. The fees of the arbitrator and the American Arbitration Association shall be divided equally between the BOARD and the UNION. All other expenses shall be borne by the party incurring them. Either party shall be entitled to have a court reporter present and submit a transcript and post- hearing brief to the arbitrator. Unless the parties split equally the cost of the court report and the transcript, the party not requesting the court reporter shall not be entitled to a transcript.

Fifth Stage a. In the event the aggrieved party is not satisfied with the decision of the Board in Stage 4, above, it may, within ten (10) days, submit the grievance to arbitration by written notice to the Board. b. Within five (5) days from the written notice, the aggrieved party and the Board will agree upon a mutually acceptable arbitrator and obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the five-day period, a request for a list of arbitrators may be made to the American Arbitrator Association or the NYS Public Employment Relations Board (PERB) by either party. The parties will be bound by the rules and procedures of the American Arbitration Association. c. The arbitrator shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the contractual agreement. d. The decision of the arbitrator shall be final and binding upon all parties with respect to interpretation of contract provisions affecting conditions of employment. e. The cost of the services of the arbitrator will be borne equally by the Board and the Association.

Fifth Stage. If the Union is not satisfied with the decision of the Board, the Union may appeal the grievance to arbitration by notifying the Superintendent in writing within ten (10) calendar days after receipt of the Board’s response at the Fourth Stage. Within ten (10) days after receipt of such request, the Union and Board shall jointly submit the dispute to the American Arbitration Association and shall request a panel of five (5) arbitrators. Both the Board and the Union shall have the right to strike two names from the panel. The arbitrator shall fix the time and place of the hearing which shall be as soon as possible after his selection, subject to reasonable availability of the Board and Union representatives. The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement. In no event may the terms and provisions of the Agreement be deleted, modified or amended by the arbitrator. The arbitrator shall consider and decide only the specific issue raised by the grievance as originally submitted. The arbitrator shall have no authority to make its decision on any issue not submitted to him. The arbitrator shall submit his decision as soon as possible following close of the hearing or submission of written memoranda by the parties. In the event the arbitrator finds a violation of this Agreement, he/she shall determine an appropriate remedy. The decision of the arbitrator shall be final and binding on the parties. The fee and expenses of the arbitrator and the cost of written transcripts, if requested by both parties, shall be divided equally between the Board and the Union. Should only one party request a transcript, that party shall pay for the cost of the transcript.

Fifth Stage. Within a period not exceeding four (4) years, establishment of an African Common Market through: i. The adoption of a common policy in several areas such as agriculture, transport and communications, industry, energy and scientific research; ii. The harmonisation of monetary, financial and fiscal policies; iii. The application of the principle of free movement of persons as well as the provisions herein regarding the rights of residence and establishment; and iv. Constituting the proper resources of the Community as provided for in paragraph 2 of Article 82 of this Treaty.

Fifth Stage. If the grievance is not resolved in the Fourth Stage and the Association wishes to pursue the grievance the following procedure will be followed: 1. The appeal from the Fourth Stage decision shall be made to a mutually acceptable arbitrator competent in the area of the grievance. If the parties are unable to agree upon an arbitrator or to obtain such an arbitrator's commitment to serve, a request for a list of arbitrators will be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of said arbitrator. 2. The selected arbitrator will hear the matter promptly and will issue his or her decision not more than fourteen (14) calendar days from the date of the close of the hearing. The arbitrator's decision will be in writing and will set forth his or her findings of fact, reasoning and conclusions on the issues. 3. The arbitrator shall have no power or authority to make any decision which requires commission of an act prohibited by law or which is violative of or beyond the scope of this Agreement. 4. The decision of the arbitrator shall be binding on both parties. The cost of the arbitration will be borne equally by the Board of Education and the Association.

Fifth Stage by January 8, 2012, issue a final 600,000 Assignee Shares to the order and the direction of the Assignor or its appointed nominees (subject to adjustment for a Share Reorganization under Section 5). For greater clarity, the obligations to incur, or cause to be incurred Expenditures in this Section 4 shall be counted towards, and shall not be in addition to, the obligations to pay amounts to the Owners (as that term is defined in the Agreement) and Investments (as that term is defined in the Agreement) in the Property under the Agreement.

Fifth Stage. Both parties hereby agree to be bound by the arbitrator’s decision with respect to any grievance arising as a result of a “contract dispute;” any other grievance shall at either party’s election, be subject to judicial review without limitation with respect to the score of said review. Nothing in this Section shall be in derogation of the Board’s powers and duties as set forth in the School Code of the State of Illinois.