Common use of Formal Level III Clause in Contracts

Formal Level III. 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, the grievance may be appealed to Arbitration provided a Demand for Arbitration is filed with the American Arbitration Association (AAA) within ten (10) days of the Board’s answer, or the date the Board’s answer was due if the Board did not render an answer. Failure to timely file a Demand for Arbitration in proper form shall constitute a complete and permanent bar to arbitration. A. The arbitration proceedings, including the selection of an arbitrator, shall be conducted pursuant to the rules of AAA, except where in conflict with this Agreement. B. During arbitration proceedings neither party shall be able to rely upon evidence or assert new grounds or defenses which have not been previously disclosed to the other party. C. The following are excluded from Level III (arbitration) and the Level II Board disposition shall be final and binding as to any grievance with regard to any of the following: 1. The termination of any probationary Employee, or failure to re–employ any probationary Employee. 2. Any matter for which the basis of the grievance is not the express terms of this Agreement, including any and all allegations of Employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or State administrative agency. X. Xxxxxx of the arbitrator are subject to the following limitations: 1. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. 2. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide except concerning procedural matters. 3. He/she shall not hear any grievance previously barred from the scope of the grievance procedure. 4. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent of the parties. 5. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one. 6. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non–occurrence of the event upon which the grievance is based. E. The fees and expenses of the arbitrator and AAA shall be shared equally by the Association and the Board. F. The decision of the Arbitrator shall be binding on both parties.

Formal Level III. 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, the grievance may be appealed to Arbitration provided a Demand for Arbitration is filed with the American Arbitration Association (AAA) within ten (10) days of the Board’s 's answer, or the date the Board’s 's answer was due if the Board did not render an answer. Failure to timely file a Demand for Arbitration in proper form shall constitute a complete and permanent bar to arbitration. A. 8.6.1 The arbitration proceedings, including the selection of an arbitrator, shall be conducted pursuant to the rules of AAA, except where in conflict with this Agreement. B. 8.6.2 During arbitration proceedings neither party shall be able to rely upon evidence or assert new grounds or defenses which have not been previously disclosed to the other party. C. 8.6.3 The following are excluded from Level III (arbitration) and the Level II Board disposition shall be final and binding as to any grievance with regard to any of the following: 1. a. The termination of any probationary Employeeemployee, or failure to re–re- employ any probationary Employeeemployee. 2. b. Any matter for which the basis of the grievance is not the express terms of this Agreement, including any and all allegations of Employee employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or State state administrative agency. X. Xxxxxx 8.6.4 Powers of the arbitrator are subject to the following limitations: 1. a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. 2. b. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide except concerning procedural matters. 3. c. He/she shall not hear any grievance previously barred from the scope of the grievance procedure.procedure.‌ 4. d. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent of the parties. 5. e. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary .monetary adjustments and the arbitrator shall have no power to order one. 6. f. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non–-occurrence of the event upon which the grievance is based. E. 8.6.5 The fees and expenses of the arbitrator and AAA shall shall; be shared equally by the Association and the Board. F. The decision of the Arbitrator shall be binding on both parties.

Formal Level III. 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, the grievance may be appealed to Arbitration provided a Demand for Arbitration is filed with the American Arbitration Association (AAA) within ten (10) days of the Board’s answer, or the date the Board’s answer was due if the Board did not render an answer. Failure to timely file a Demand for Arbitration in proper form shall constitute a complete and permanent bar to arbitration. A. The arbitration proceedings, including the selection of an arbitrator, shall be conducted pursuant to the rules of AAA, except where in conflict with this Agreement. B. During arbitration proceedings neither party shall be able to rely upon evidence or assert new grounds or defenses defenses, which have not been previously disclosed to the other party. C. The following are excluded from Level III (arbitration) and the Level II Board disposition shall be final and binding as to any grievance with regard to any of the following: 1. The termination of any probationary Employee, or failure to re–employ any probationary Employee. 2. Any matter for which the basis of the grievance is not the express terms of this Agreement, including any and all allegations of Employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or State administrative agency. X. Xxxxxx of the arbitrator are subject to the following limitations: 1. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. 2. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide except concerning procedural matters. 3. He/she shall not hear any grievance previously barred from the scope of the grievance procedure. 4. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent of the parties. 5. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one. 6. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non–occurrence of the event upon which the grievance is based. E. The fees and expenses of the arbitrator and AAA shall be shared equally by the Association and the Board. F. The decision of the Arbitrator shall be binding on both parties.