Formal Resolution, Level Four Clause Samples
The 'Formal Resolution, Level Four' clause establishes a structured process for resolving disputes that have not been settled through earlier, less formal means. Typically, this clause outlines the escalation of unresolved issues to a higher authority within the organizations involved, such as senior executives or a designated committee, who are tasked with reviewing the dispute and making a final determination. By providing a clear, formalized step for dispute resolution, this clause ensures that persistent disagreements are addressed at the highest appropriate level, helping to prevent impasses and maintain the business relationship.
Formal Resolution, Level Four. 12.6.1 If the grievant is not satisfied with the solution or no decision has been made at Level Two, or if there is no resolution at Level Three, the grievant may request the Association to submit the grievance to arbitration. If the Association decides to submit the grievance to arbitration within thirty (30) days of when the Level II decision was made, the Association and the District shall attempt to agree on an arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in conducting grievance arbitration hearings. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
12.6.2 The fees and expense of the arbitrator in the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them.
12.6.3 The arbitrator shall, as soon as possible, hear evidence, and render a decision on the issue or issues submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
12.6.4 The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement in the respect alleged in the grievance. The decision of the arbitrator shall be based upon the evidence and arguments presented to him/her by the respective parties and upon generally accepted rules of contract construction and interpretation.
12.6.5 The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall, therefore, not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement as to change what can clearly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of the Agreement may be utilized by the arbitrator in accordance with generally accepted rules of contract construction and appli...
Formal Resolution, Level Four. 1. If either party is not satisfied with the decision of the arbitrator, that party may submit a written appeal to the Clerk of the Board of Education within five (5) days after receipt of the arbitrator’s decision.
2. The arbitrator’s decision shall appear as an agenda item for consideration and deliberation at the next regular meeting of the Board of Education following the receipt of the written recommendations of the arbitrator. Arbitrator’s recommendations received less than ten (10) days before a regularly scheduled meeting shall be scheduled for the succeeding meeting or for a special meeting to hear the appeal.
3. Only the arbitrator’s findings of fact and conclusions, along with written evidence presented to the arbitrator may be submitted to the Board of Education for consideration and deliberation.
4. The items listed in the preceding paragraph shall be the sole evidence utilized by the Board of Education in making its decision at this level. Neither party shall make an oral argument before the Board at Level Four. After consideration and deliberation of the arbitrator’s decision in open session, the Board shall render a decision to sustain or overrule the decision of the arbitrator.