Formal Level Four Sample Clauses

Formal Level Four. If the Union is not satisfied with the disposition of the grievance at Formal Level Three above, or if the Board has made no reply within the period provided, the Union may request, within seventeen (17) working days thereof, that the matter be submitted before an impartial arbitrator. If the parties cannot agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. Neither party shall be permitted to assert in such arbitration proceeding or to rely on any evidence not previously disclosed to either party. The Employer and the Union agree to be bound by the award of the arbitrator. The fees and the expenses of the arbitrator shall be shared equally by the Union and the Employer.
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Formal Level Four. If the grievant is not satisfied with the disposition of the grievance at Formal Level Three, or if no response has been rendered by the Superintendent/Designee within the time limits specified for the response at Formal Level Three above, the grievant may request in writing that the Association submit the grievance to arbitration. The Association has until the earlier of: (a) ten (10) days following the last day on which the response at Formal Level Three is due; or (b) ten (10) days following the date of the response at Formal Level Three to request in writing that the grievance be submitted to arbitration by filing the request with the Superintendent/Designee. The decision to submit the grievance to arbitration lies with the Association and not with the individual grievant. 6.7.1 The parties shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator within five (5) days of the Association's submission of the grievance to arbitration, the California State Conciliation Service shall be requested to submit a list of five (5) names of persons experienced in arbitration of grievances in educational institutions. Within five (5) days after receipt of the list of names, each party shall alternately strike names until only one (1) name remains. The order of striking shall be determined by the flip of a coin. The arbitrator shall proceed under the Voluntary Arbitration Rules of the American Arbitration Association. The Association and the District may mutually agree to utilize expedited procedures. 6.7.2 The arbitrator shall receive evidence and arguments promptly after his/her selection by the parties and, within thirty (30) calendar days from the close of the record, shall render a final and binding award on the issue(s) submitted to him/her. 6.7.3 If the parties cannot agree upon a statement of the issue(s), the arbitrator shall determine the issue(s) by referring to the grievance and the answers thereto at each level or by referring to each party's separate statement of the issue(s). 6.7.4 The arbitrator will have no power to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations and procedures of the District. After the arbitrator has afforded an opportunity for hearing, the arbitrator shall render a written decision setting forth findings of fact, reasoning and conclusions on the issue(s) submitted and the award. The arbitrator shall be without power or authority to ma...
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Formal Level Four. 1. The parties shall request the services of a mediator from the California State Conciliation Service within five school days following written notice from the grievant that he/she is not satisfied with the decision at Level Three. The parties shall attempt to mediate a settlement of the grievance. In no instance will the form or matter of the discussion and/or proposals during the mediating process be revealed. Only the terms of a settlement, if any, may be revealed.
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Formal Level Four. If the grievant is not satisfied with the decision of the Superintendent, the grievant may appeal to the Board. The Board will review the decision of the Superintendent using the grievance file and whatever data it considers appropriate. The decision of the Board will be rendered within fifteen (15) working days of receipt of the appeal request.
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Formal Level Four. If the grievant is not satisfied with the decision of the Superintendent, the grievant may appeal to the Board. The Board will review the decision of the Superintendent using the grievance file and whatever data it considers appropriate. The decision of the Board will be rendered within fifteen (15) workings days of receipt of the appeal request. 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501
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Formal Level Four. Arbitration: if the grievant is not satisfied with the disposition of the grievance at Formal Level Three, the LCFA within fifteen (15) work days of the decision at Formal Level Three may request a hearing before an arbitrator. 12.4.5.1 Upon receiving a request for arbitration, the President shall request a list of seven (7) arbitrators from the California Mediation and Conciliation Service. As soon as possible after receiving the list of names from the Service, representatives of the District and the LCFA shall alternately strike a name until one name remains. The person named shall serve as arbitrator. 12.4.5.2 The arbitrator shall conduct a hearing at which both parties may present witnesses and evidence. It shall be the function of the arbitrator, and he/she is empowered except as his/her powers are herein limited, after investigation and hearings, to make a proposed decision to the Board of Trustees in cases of alleged violation of the specific articles and sections of this Agreement. The arbitrator shall render a decision on the issue(s) submitted. 12.4.5.3 After a hearing, and after both parties have had an opportunity to make oral and written arguments, the arbitrator shall submit in writing to the parties his/her decision. The decision of the arbitrator shall be binding on both parties. 12.4.5.4 Each party shall bear the cost of preparing and presenting its own case in arbitration. All fees and expenses of the arbitrator and the arbitration process shall be shared equally by the parties. The grievant, the grievant’s representative and the grievant’s witnesses shall be provided release time at no loss of pay for participation in the grievance process per government code 3543.1(c)
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Formal Level Four. If the grievant not satisfied with the decision of the Superintendent, the grievant may appeal to the Board. The Board will review the decision of the Superintendent using the grievance file and whatever data it considers appropriate. The decision of the Board will be rendered within fifteen (15) working days of receipt of the appeal request. 1430 1431 1432 1433 SECTION II. CONFLICT RESOLUTION PROCEDURE 1434 1435 The conflict resolution procedure provides employees with a fair means of 1436 resolving a concern that does not involve discrimination, sexual 1437 harassment, and/or a violation of policy or regulation. No employee shall 1438 suffer reprisals or reduction in status of having presented a conflict. 1439 1440 A. PROCEDURE
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Formal Level Four. 14.14.1 If the grievant is not satisfied with the disposition of his or her grievance at Step Three, or if no written decision has been rendered within fifteen (15) days after he or she first met with the Board of Education, the grievant may request in writing that the Association submit the grievance to Binding Arbitration. This request shall be made within fifteen (15) days of the Level Three decision. 14.14.2 The Association may, by written notice to the Superintendent, submit the matter to Binding Arbitration within ten (10) days of such request. The parties shall then be bound by the Voluntary Labor Arbitration Rules of the American Arbitration Association, except as mutually agreed to in writing. 14.14.3 The Arbitrator shall have no power to change the Agreement or render a decision that exceeds the limits of the Agreement. 14.14.4 All costs for the services of the Arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them.
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Related to Formal Level Four

  • Formal Level (1) Level I - within fifteen (15) days after the occurrence of the alleged violation, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present the grievance in writing on the approved form or lose the right to grieve. The form shall contain a clear, concise statement of the grievance, including the provision or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and shall communicate the decision in writing to the grievant within seven (7) days after receiving the grievance. In the event the immediate supervisor fails to conduct a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) days. (2) Level II - In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision on the approved form to the Superintendent or his/her designee within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for the appeal. The Superintendent or his designee shall hold a hearing with the parties and render a written decision within ten (10) days of the receipt of the appeal. (3) Level III - In the event the grievant is not satisfied with the decision at Level II, the Association may advise the District within seven (7) days of receipt of the Level II decision of its intent to request a mediator from the California State Conciliation Mediation Service.

  • Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.

  • Informal Level Before filing a formal written grievance, the grievant shall attempt to resolve it by an informal conference with his/her immediate supervisor.

  • Level Four A. If within ten (10) school days following the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the Association 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 agree upon an arbitrator or to obtain such a commitment within ten (10) school days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitrator. B. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school 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 on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. C. The costs of the services of the arbitrator will be borne equally by the Board and the Association. D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.

  • Level I If the grievance is not resolved through informal discussions, the School District designee shall give a written decision on the grievance to the parties involved within ten (10) days after receipt of the written grievance.

  • Level III In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School District shall hear the grievance within twenty (20) days after the receipt of the appeal. Within twenty (20) days after the meeting the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School District may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School District. The School District shall then render its decision.

  • Level IV a. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she may file the grievance within five (5) days of the Level III response for transmittal to the Board. b. The Board will hear the grievance at its next regularly scheduled meeting or a special meeting which has been called for that purpose. The Board shall transmit its written decision to the grievant within five (5) days of the meeting. The decision of the Board shall be final. Nothing in this section shall be construed so as to deny a grievant any appeal rights available under the law.

  • Long Term Cost Evaluation Criterion # 4 READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not i ncrease your catalog prices (as defined herein) more than X% annually over the previous year for years two and thr ee and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIP S, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentati on, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from th e “Attachments” section, complete according to the instructions on the form, then uploading the completed form, wit h any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they ma y apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@t xxx-xxx.xxx

  • Level II In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall meet regarding the grievance within fifteen (15) days after receipt of the appeal. Within ten (10) days after the meeting, the Superintendent or his/her designee shall issue a decision, in writing, to the parties involved.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

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