Formal Level V Clause Samples

The 'Formal Level V' clause establishes the highest level of formality or escalation within a structured process, such as dispute resolution or compliance procedures. Typically, this clause outlines the steps, requirements, and authorities involved when an issue reaches this advanced stage, which may include involvement of senior management, external arbitrators, or formal legal proceedings. Its core practical function is to provide a clear, predefined pathway for addressing the most serious or unresolved matters, ensuring that all parties understand the ultimate recourse available and promoting resolution through a structured, authoritative process.
Formal Level V. The grievant and the employer, having decided on arbitration, shall 909 attempt to agree upon an arbitrator. Should they be unable to do so, a request shall be made to 910 the State Conciliation Service to supply a panel of five (5) persons experienced in hearing 911 public school employee grievances. Each party shall alternately strike a name from the panel 912 list until only one name remains. The remaining panel member shall be the arbitrator. 913 The arbitrator shall proceed under the Expedited Labor Arbitration Rules of the American 914 Arbitration Association. The arbitrator’s decision shall be in written form and will set forth 915 findings of fact, reasoning and conclusions on the issue (s) submitted. The arbitrator will be 916 without power or authority to make any decisions which require the commission of an act 917 prohibited by law or to add to, subtract from, or modify the terms of this Agreement or the 918 written policies, rules, regulations and procedures of the employer. 919 The total fees and expenses of the arbitrator shall be borne equally by the employer and 920 CSEA. 921 After a hearing of the evidence and after both parties have had an opportunity to make 922 written arguments, the arbitrator shall submit a proposed decision/resolution in writing and 923 those decisions shall be advisory for all parties. 924 925 ARTICLE 13
View SourceView Similar (2)
Formal Level V. Advisory Arbitration A. If the grievant and CSEA are not satisfied with the decision rendered pursuant to Formal Level IV, they may, within ten (10) days after receiving the Level IV response, submit a request in writing to the superintendent-president or designee for advisory arbitration of the dispute. B. Upon receipt of the written request, the superintendent-president shall request the American Arbitration Association to supply a panel of five (5) names. A copy of this request shall be sent to the grievant and the Chapter officers. Within ten (10) days of the receipt of the panel of five (5) names, the superintendent-president or designee, and CSEA representative, shall either mutually agree upon an arbitrator or the parties shall alternately strike names; the remaining name shall be the arbitrator. C. The fees and expenses of the arbitrator and a court reporter, if required by the arbitrator, shall be shared equally by the District and CSEA. Any additional expenses shall be borne by the party incurring such expenses. D. The rules of the American Arbitration Association shall govern the arbitration with the exceptions stated within this article. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Agreement, but shall limit his or her decision solely to the application and interpretation of its provisions. E. The arbitrator shall conduct a hearing and submit his or her findings and recommendations in writing to the Board, the grievant, and CSEA within thirty (30) days. F. The Board will review the written findings and recommendations of the arbitrator at the next regular Board meeting, provided at least ten (10) days elapses between the issuance of the arbitrator's report and the Board meeting. If less than ten (10) days elapses between the issuance of the report and the next regular Board meeting, the report shall be reviewed at the next announced meeting. This summary shall include a recommended solution to the grievance. It is agreed that the Board will render a final and binding determination of the grievance.
View SourceView Similar (2)
Formal Level V. The grievant and the employer, having decided on arbitration, shall 31 attempt to agree upon an arbitrator. Should they be unable to do so, a request shall be 32 made to the State Conciliation Service to supply a panel of five (5) persons experienced in 33 hearing public school employee grievances. Each party shall alternately strike a name from 1 the panel list until only one name remains. The remaining panel member shall be the 2 arbitrator.
View SourceView Similar (2)
Formal Level V. The grievant and the employer, having decided on arbitration, shall attempt 20 to agree upon an arbitrator. Should they be unable to do so, a request shall be made to the
View Source

Related to Formal Level V

  • 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.

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

  • 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.

  • 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.

  • Benefit Level The primary care clinics available through each plan administrator are assigned a Benefit Level. The Benefit Levels are outlined in the benefit chart below. Primary care clinics may be in different Benefit Levels for different plan administrators. Family members may be enrolled in clinics that are in different Benefits Levels. Employees and their dependents may change to clinics in different Benefit Levels during the annual open enrollment. Employees and their dependents may also elect to move to a clinic in a different Benefit Level within the same plan administrator up to two (2) additional times during the plan year. Unless the individual has a referral from his/her primary care clinic, there are no benefits for services received from providers in Benefit Levels that are different from that of the primary care clinic in which the individual has enrolled.