Fourth Level Formal Appeal Sample Clauses

Fourth Level Formal Appeal. An appeal not settled in Level 3 of the appeal procedure may be appealed to arbitration provided written notice of a request for arbitration is made to the President or her/his representative within fifteen (15) days of receipt of the response in Level 3. When a timely request has been made for arbitration, the parties to this contract or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall, within ten (10) days of the request for arbitration, jointly request the Oregon State Conciliation Services Division in Salem, Oregon to submit a list of five (5) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list and the fifth and remaining name shall act as the arbitrator. The arbitrator shall schedule a hearing on the appeal, and, after hearing such evidence as the parties’ desire to submit to support or deny the appeal statement, shall render a written decision and opinion within thirty (30) calendar days following the close of the hearing. The arbitrator shall provide to the parties ten (10) days in advance of the hearing the rules that shall govern the arbitration hearing; the provided rules shall be those of common application in interest arbitrations involving Oregon public schools and community colleges. In all cases, the rules shall require that any known witnesses who will be used in arbitration must be made known to the other party at least seventy-two (72) hours prior to the hearing. The arbitrator shall have no power to substitute his/her judgment for that of the Board in any matter not specifically contracted away by the Board in this Agreement. A decision and opinion of the arbitrator shall, within the scope of his/her authority, be binding upon all parties. The fees and expenses of the arbitrator will be equally split between the parties.
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Related to Fourth Level Formal Appeal

  • 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.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: § 3.2 The Contract Time shall be measured from the date of commencement of the Work.

  • RDO Schedule/ Working Day Calendar (a) The Employer recognises that hours accrued in accordance with clause 38 create a bank of hours to be drawn upon by the Employee, as a paid RDO. The Employer recognises that Employees are entitled to take off days accrued in accordance with this clause. (b) The agreed indicative RDO/Working Day Calendars for 2024 to 2029 are attached at Appendix D of this Agreement. (c) For the avoidance of doubt, nothing in the arrangement for an indicative RDO / Working Day Calendar is intended to impose a limit on the ability of the Employer to determine with its Employees when and where work can be performed to meet operational requirements or otherwise limit the Employer’s right to manage its business and improve productivity.

  • Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition, or deletion is approved in advance and in writing by a valid change order executed by the District. Contractor specifically understands, acknowledges, and agrees that the District shall have the right to request any alterations, deviations, reductions, or additions to the Project or Work, and the cost thereof shall be added to or deducted from the amount of the Contract Price by fair and reasonable valuations. Contractor also agrees to provide the District with all information requested to substantiate the cost of the change order and to inform the District whether the Work will be done by the Contractor or a subcontractor. In addition to any other information requested, Contractor shall submit, prior to approval of the change order, its request for a time extension (if any), as well as all information necessary to substantiate its belief that such change will delay the completion of the Work. If Contractor fails to submit its request for a time extension or the necessary supporting information, it shall be deemed to have waived its right to request such extension.