Common use of Formal Level 4 Clause in Contracts

Formal Level 4. (a) If the Union is not satisfied with the disposition of the grievance at Level 3, or if no disposition has been made within the period above provided, the Union may, within twenty (20) work days thereafter, submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) work days following submission at Level 4, the Union may appeal the matter to the American Arbitration Association with a request for appointment of an arbitrator. Rules of the American Arbitration Association shall govern the arbitration proceeding. Neither the Employer nor the Union shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. (b) The arbitrator shall have authority and jurisdiction only to interpret and apply the provisions of this Agreement insofar as shall be necessary to the determination of the merits of such grievance, but shall not have jurisdiction or authority to add to, to detract from or alter in any way the provisions of this Agreement. The arbitrator shall have no authority to consider or adjust any grievance not presented within the time limits above provided. Arbitrators shall have no authority to substitute their judgment for that of the Board as to the reasonableness of any practice, policy, rule, or other action taken by the Board, provided such practice, policy, rule or action is not contrary to the express terms of this Agreement. Bargaining unit members are required to follow this grievance/arbitration procedure as the sole remedy for alleged violation of this Agreement by the Employer and may not process such grievance, or litigate the issues underlying or relating to such grievance, through any administrative or judicial procedure. The arbitrator shall have no jurisdiction or authority concerning any claim or complaint filed pursuant to any administrative or judicial procedure until such action has been effectively withdrawn. The arbitrator shall have no authority whatsoever to consider or adjust any grievance concerning extension of a probationary employee's probationary period, or concerning layoff or dismissal of any probationary employee. Subject to the limitations herein specified, the decision of the arbitrator shall be final and binding. (c) The fees and expenses for the arbitrator shall be shared equally between the District and the Association.

Formal Level 4. (a) If the Union is not satisfied with the disposition of the grievance at Level 3Xxxxx 0, or if no disposition has been made within the period above provided, the Union may, within twenty (20) work days thereafter, submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) work days following submission at Level 4Xxxxx 0, the Union may appeal the matter to the American Arbitration Association with a request for appointment of an arbitrator. Rules of the American Arbitration Association shall govern the arbitration proceeding. Neither the Employer nor the Union shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. (b) The arbitrator shall have authority and jurisdiction only to interpret and apply the provisions of this Agreement insofar as shall be necessary to the determination of the merits of such grievance, but shall not have jurisdiction or authority to add to, to detract from or alter in any way the provisions of this Agreement. The arbitrator shall have no authority to consider or adjust any grievance not presented within the time limits above provided. Arbitrators shall have no authority to substitute their judgment for that of the Board as to the reasonableness of any practice, policy, rule, or other action taken by the Board, provided such practice, policy, rule or action is not contrary to the express terms of this Agreement. Bargaining unit members are required to follow this grievance/arbitration procedure as the sole remedy for alleged violation of this Agreement by the Employer and may not process such grievance, or litigate the issues underlying or relating to such grievance, through any administrative or judicial procedure. The arbitrator shall have no jurisdiction or authority concerning any claim or complaint filed pursuant to any administrative or judicial procedure until such action has been effectively withdrawn. The arbitrator shall have no authority whatsoever to consider or adjust any grievance concerning extension of a probationary employee's probationary period, or concerning layoff or dismissal of any probationary employee. Subject to the limitations herein specified, the decision of the arbitrator shall be final and binding. (c) The fees and expenses for the arbitrator shall be shared equally between the District and the Association.