Common use of Formal Level IV Clause in Contracts

Formal Level IV. Arbitration 6.1 If the grievant is not satisfied with the disposition of the grievance at Level III, or if no decision is rendered within the designated time period, a grievant may forward a written grievance to the Director of Human Resources, proposing that arbitration be undertaken. 6.2 Said written grievance request for convening of arbitration shall be considered timely only if received by the Director of Human Resources no later than ten (10) days after service by the department head/designee of the Level III decision or twenty (20) days after the grievance was presented to the Department Head or designee, whichever is later. Said request for arbitration shall clearly state the provisions of the MOU and/or written rules, regulations or procedures affecting terms and conditions of employment, which have been allegedly violated. The arbitration proposal shall also set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim of an MOU/rule or regulation violation. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a representative shall be insufficient. 6.3 Within ten (10) calendar days of receipt by the Director of Human Resources of a timely grievance, the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable arbitrator. If said meeting either does not occur or if said meeting does not result in the selection of an advisory arbitrator, then within fifteen (15) calendar days of receipt by the Director of Human Resources of the timely grievance, the Director shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential arbitrators be sent jointly to the grievant and to the City. 6.4 Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains. Said individual shall be the arbitrator. Determination of which party shall make the initial strike shall be by lot. 6.5 Within five (5) calendar days of said selection process being completed, the Director shall mail written notice to the State Mediation and Conciliation Service of the identity of the individual mutually selected to hear the grievance matter. 6.6 The hearing shall commence on a date mutually agreeable to the parties and to the arbitrator, but in no case greater than 120 calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties. 6.7 In those arbitration proceedings, which are non-disciplinary, the burdens of proof and production of evidence shall be upon the grievant. The ultimate issues in such cases shall be whether or not proof by a preponderance of the evidence supports a finding that a specific written section of the MOU and/or rules and regulations affecting terms and conditions of employment, has been violated, and if so, the nature of the appropriate remedy. 6.8 In those cases, regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows: 1) Does a preponderance of the evidence support a finding that misconduct did occur? 2) If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority? 3) If yes, the discipline shall be sustained. 4) If no, the discipline shall be subject to modification.

Formal Level IV. Arbitration 6.1 1. If the grievant is not satisfied with the disposition decision at Level II or III, he/she may request of the Association that the unresolved grievance at Level IIIbe submitted to arbitration. After receipt of the written decision of the Superintendent or the Board of Education, or if no decision is rendered the Association shall give written notice within the designated time period, a grievant may forward a written grievance to the Director of Human Resources, proposing that arbitration be undertaken. 6.2 Said written grievance request for convening of arbitration shall be considered timely only if received by the Director of Human Resources no later than ten (10) days after service of the intent to arbitrate the grievance. 2. If the Association’s notice of intent to arbitrate is issued within ten (10) days following the Superintendent’s written decision, the Board of Education shall have ten (10) days to provide written notification of its desire to have the matter directly heard by the department head/designee Board of Education as provided for in Formal Level III. If this occurs, procedures set forth in Level III shall be followed by all the parties including the holding of a hearing before the Board of Education within thirty (30) days of the Level III filing of the appeal requesting arbitration. Consistent with this time limit, the Board of Education shall set the hearing date at the time it notifies the Association of its intent to hear the grievance. The Board of Education’s decision shall be issued within fifteen (15) days following the conclusion of its consideration of the appeal. Meanwhile, to avoid unnecessary delay, the procedures provided for below to select an arbitrator and establish a hearing date shall continue at the same time the Board of Education proceedings are taking place. It is expected that the selection of the arbitrator and agreement upon a date for the arbitration hearing will occur prior to the Board of Education’s decision on the merits of the grievance. The first day of any arbitration cannot take place any sooner than thirty(30) days following receipt of the Board of Education’s decision or twenty (20) days after expiration of time period for the grievance was presented issuance of such a decision, but should be scheduled as close as possible to the Department Head or designee, whichever is laterlapsing of this thirty(30) day period. Said request for arbitration shall clearly state the provisions of the MOU and/or written rules, regulations or procedures affecting terms and conditions of employment, which have been allegedly violated. The arbitration proposal shall also set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim of an MOU/rule or regulation violation. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a representative shall be insufficient. 6.3 Within ten (10) calendar day following the Board of Education’s decision, the Association will notify the District of whether the grievance will continue to arbitration. 3. The fees and expense of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 4. When the arbitration is requested within (10) days of following the Superintendent’s decision, the Association and the District will attempt to agree upon an arbitrator following receipt by the Director District of Human Resources notice of a timely grievance, intent to arbitrate from the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable arbitratorAssociation. If said meeting either does not occur or if said meeting does not result no agreement can be reached within (5) days, they shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in the selection of an advisory arbitrator, then within fifteen hearing grievances in public schools. Either party may request a second list. Within five (155) calendar days of following receipt by the Director of Human Resources of the timely grievancelist to be used, the Director each party shall mail to the State Mediation and Conciliation Service, alternatively strike a request that a list of seven name until only one (71) qualified potential arbitrators be sent jointly to the grievant and to the City. 6.4 Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains. Said individual The remaining panel member shall be the arbitrator. Determination of which The party shall make to strike the initial strike first name shall be decided by lotthe toss of a coin. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon the issue or issues, the arbitrator shall determine the issues by referring to the written grievance and answers thereto at each step. 6.5 Within five (5) calendar days . The arbitrator shall have no power to add to, subtract from or modify the terms of said selection process being completedthis Agreement. 6. After a hearing and after both parties have an opportunity to make written arguments, the Director arbitrator shall mail written notice submit in writing to the State Mediation all parties his/her findings and Conciliation Service award. The decision of the identity of the individual mutually selected to hear the grievance matter. 6.6 The hearing shall commence on a date mutually agreeable to the parties and to the arbitrator, but in no case greater than 120 calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties. 6.7 In those arbitration proceedings, which are non-disciplinary, the burdens of proof and production of evidence arbitrator shall be upon the grievant. The ultimate issues in such cases shall be whether or not proof by a preponderance of the evidence supports a finding that a specific written section of the MOU and/or rules final and regulations affecting terms and conditions of employment, has been violated, and if so, the nature of the appropriate remedybinding. 6.8 In those cases, regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows: 1) Does a preponderance of the evidence support a finding that misconduct did occur? 2) If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority? 3) If yes, the discipline shall be sustained. 4) If no, the discipline shall be subject to modification.