Common use of Level 4 Clause in Contracts

Level 4. a. If an employee is dissatisfied with a decision of the Board and if the grievance pertains to a violation between the Board and the Association, then the Association, at its sole option, may request the appointment of an arbitrator. This request shall be made known to the superintendent no later than two (2) weeks after the decision of the Board has been rendered. b. The arbitration procedure shall not apply to a complaint by an employee relative to his not being re-employed, nor to any decisions relating to withholding of increments and salary adjustments, Sabbatical Leaves, Statement of Reasons or Board policy not related to terms and conditions of employment. c. The following procedure shall be used to secure the services of an arbitrator: 1. A joint request shall be made to PERC to submit a roster of persons qualified to function as arbitrators in the dispute in question. 2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster, they shall request PERC to submit a second roster of names. 3. If the parties are unable to select a mutually satisfactory arbitrator from the second roster within ten (10) days of receipt of said second roster, PERC shall be requested by either party to designate an arbitrator. d. All proceedings relative to the arbitration shall be held after regular school hours. e. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He shall neither add to nor subtract from the Agreement between the parties. The findings of the arbitrator shall be binding. Only the Board, the Association, and the grievant together with his representatives shall be given copies of the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion of the arbitration proceedings. f. Costs incurred by the arbitration proceedings shall be apportioned as follows: 1. Each party shall bear the total cost incurred by itself. 2. The fees and expenses of the arbitrator are the only costs which shall be shared by the two (2) parties and such cost shall be shared equally. The cost of a stenographic report of the arbitration proceedings shall be paid by the party requesting the stenographic report.

Level 4. a. If not satisfied with the written response from the Superintendent, the Union may within twenty (20) days after the Superintendent’s response, submit the grievance to arbitration by giving written notice to the Superintendent. The Employer and the Union shall jointly request that the Federal Mediation and Conciliation Service (FMCS) provide a list of seven (7) American Arbitration Association arbitrators from which the Employer and the union shall attempt to select an arbitrator by mutual agreement. If an employee is dissatisfied with a decision of the Board and if the grievance pertains agreement cannot be reached as to a violation between the Board and the Association, then the Association, at its sole option, may request the appointment of an arbitrator. This request shall be made known to the superintendent no later than two (2) weeks after the decision of the Board has been rendered. b. The arbitration procedure shall not apply to a complaint by an employee relative to his not being re-employed, nor to any decisions relating to withholding of increments and salary adjustments, Sabbatical Leaves, Statement of Reasons or Board policy not related to terms and conditions of employment. c. The following procedure shall be used to secure the services of an arbitrator: 1. A joint request shall be made to PERC to submit a roster of persons qualified to function as arbitrators in the dispute in question. 2. If the parties are unable to determine a one mutually satisfactory acceptable arbitrator from the submitted rosterlist, they shall request PERC to submit a second roster an arbitrator will then be selected by the representatives of names. 3. If the parties are unable by alternatively striking names and selecting the final remaining name. Either party shall have the option to select a mutually satisfactory completely reject the list of names and request another list only once. The arbitrator from the second roster within ten (10) days of receipt of said second roster, PERC shall be requested by either party to designate an arbitrator. d. All proceedings relative to render a decision and award within thirty (30) calendar days following the arbitration shall be held after regular school hours. e. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He shall neither add to nor subtract from the Agreement between the partieshearing or submission of final briefs. The findings decision of the arbitrator shall be binding. Only final and binding upon the Boardaggrieved person, the AssociationUnion, and the grievant together with his representatives shall be given copies of the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion of the arbitration proceedings. f. Costs incurred by the arbitration proceedings shall be apportioned as follows: 1. Each party shall bear the total cost incurred by itself. 2Employer. The parties shall split the fees and expenses of the arbitrator are the only costs which shall be shared by the two (2) parties and such cost shall be shared equallyarbitrator. The cost of a stenographic report arbitrator shall not have the authority to add to, subtract from, or modify any of the provisions of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his decision concerning any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration proceedings and shall be paid by have no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the party requesting Board’s discretion. He/she shall not limit or interfere with the stenographic reportpowers, duties and responsibilities of the Board under Article 5 of this Agreement, applicable law, and state and federal regulations having the force and effect of law.

Level 4. a. If an employee the aggrieved is dissatisfied not satisfied with a decision the disposition of his grievance at Level 3, the aggrieved may within five (5) days file with the Clerk of the Board and if District an appeal in writing, requesting the grievance pertains be carried to arbitration. Such request shall make specific reference to the original grievance number and date. Within five (5) days, a violation between designated member of the Association and a designated member of the District shall attempt to agree jointly upon an arbiter. If within five (5) days the parties cannot so agree, the services of AAA shall be sought. Either party may petition AAA to submit five (5) names to act as arbiter in any given dispute. When such list is received, the aggrieved shall eliminate two names; the District shall thereafter eliminate two names, and the remaining name shall be the arbiter. The arbiter chosen (by either method) shall have the authority to hold hearings and make procedural rules. The aggrieved, the Association and the Superintendent shall have standing to be heard at such hearings. Any of the persons having standing, as well as the arbiter, may request and obtain from the various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to the issue raised by the grievance. All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the hearings. The arbiter's report shall be submitted in writing to the Board, the aggrieved and the Association, and shall set forth his findings of fact, reasoning, conclusions, and decision on the issues submitted. The arbiter's decision is final and binding on all parties. Such decision shall not only apply to the aggrieved, but also to all persons identically situated. The expenses of the arbitration (excluding consultant fees) shall be shared equally by the Association and the Board. If the Association is not a part to the appeal then the Board and the Association, then the Association, at its sole option, may request the appointment of an arbitrator. This request aggrieved shall be made known to the superintendent no later than two (2) weeks after the decision of the Board has been renderedshare equally such expenses. b. The arbitration procedure shall not apply to a complaint by an employee relative to his not being re-employed, nor to any decisions relating to withholding of increments and salary adjustments, Sabbatical Leaves, Statement of Reasons or Board policy not related to terms and conditions of employment. c. The following procedure shall be used to secure the services of an arbitrator: 1. A joint request shall be made to PERC to submit a roster of persons qualified to function as arbitrators in the dispute in question. 2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster, they shall request PERC to submit a second roster of names. 3. If the parties are unable to select a mutually satisfactory arbitrator from the second roster within ten (10) days of receipt of said second roster, PERC shall be requested by either party to designate an arbitrator. d. All proceedings relative to the arbitration shall be held after regular school hours. e. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He shall neither add to nor subtract from the Agreement between the parties. The findings of the arbitrator shall be binding. Only the Board, the Association, and the grievant together with his representatives shall be given copies of the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion of the arbitration proceedings. f. Costs incurred by the arbitration proceedings shall be apportioned as follows: 1. Each party shall bear the total cost incurred by itself. 2. The fees and expenses of the arbitrator are the only costs which shall be shared by the two (2) parties and such cost shall be shared equally. The cost of a stenographic report of the arbitration proceedings shall be paid by the party requesting the stenographic report.

Level 4. a. If an employee the alleged grievance is dissatisfied with a decision not settled at Level 3, the matter may be referred to arbitration. Either party may refer the matter to arbitration provided that notice to refer the matter is given to the other party within ten (10) days from the date of the Board and if Board's (or the grievance pertains to a violation between the Board and the Association, then the Association, committee thereof) written decision at its sole option, may request the appointment of an arbitratorLevel 3. This request shall be made known to the superintendent no later than two Within five (25) weeks days after the decision date of the Board has been rendered. b. The arbitration procedure written request for arbitration, a committee of the Board, or its designated representative, shall not apply make every reasonable effort to agree upon a complaint by an employee relative to his not being re-employed, nor to any decisions relating to withholding of increments and salary adjustments, Sabbatical Leaves, Statement of Reasons or Board policy not related to terms and conditions of employment. c. The following procedure shall be used to secure the services of an mutually acceptable arbitrator: 1. A joint request shall be made to PERC to submit a roster of persons qualified to function as arbitrators in the dispute in question. 2. If the parties are unable to determine a mutually satisfactory agree on an arbitrator within the time period set forth herein, the party seeking arbitration shall within twenty (20) days from the submitted roster, they shall date of the Board’s written decision at Level 3 file a request PERC with the American Arbitration Association to submit a second roster list of names. 3qualified arbitrators. If the parties are unable to select a mutually satisfactory arbitrator from the second roster within ten (10) days of receipt of said second roster, PERC shall be requested by either party to designate an arbitrator. d. All proceedings relative to the arbitration shall be held after regular school hours. e. The arbitrator shall limit himself then be selected according to the rules of the American Arbitration Association. The arbitrator shall hear the grievance in dispute and shall render his/her decision in writing within thirty (30) calendar days from the close of the hearing. The arbitrator's decision shall be submitted in writing and shall set forth his/her findings and conclusions with respect to the issues submitted to him and shall consider nothing else. He shall neither add to nor subtract from the Agreement between the partiesarbitration. The findings of the arbitrator arbitrator's decision shall be binding. Only final and binding upon the Boardemployer, the AssociationCEA, and the grievant together employee or employees involved. The arbitrator shall have no authority except to pass upon the alleged violations of the expressed provisions of the Agreement and to determine disputes involving the application or interpretation of such expressed provisions. The arbitrator shall construe this Agreement in a manner which does not interfere with his representatives the exercise of the Board's rights and responsibilities except where they have been expressly and clearly limited by the terms of this Agreement. The arbitrator shall have no power or authority to add to, subtract from, or modify any of the terms of this Agreement and shall not substitute his/her judgment for that of the employer where the employer is given discretion by the terms of this Agreement or by the nature of the area in which the employer was acting. No evidence shall be given copies of introduced in any arbitration hearing which has not been previously presented to the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion of the arbitration proceedings. f. Costs incurred by the arbitration proceedings shall be apportioned as follows: 1. Each party shall bear the total cost incurred by itself. 2other party. The fees and expenses arbitrator shall not render any decision which would require or permit an action in violation of the arbitrator are the only costs which shall be shared by the two (2) parties and such cost shall be shared equally. The cost of a stenographic report of the arbitration proceedings shall be paid by the party requesting the stenographic reportMichigan School Laws.

Level 4. a. If an employee In the event the Grievant is dissatisfied not satisfied with a decision the result at Level Three, the Grievant may, within ten days of completion of the Board and if Level Three proceedings, submit the grievance pertains to a violation between arbitration under the Board and the Association, then the Association, at its sole option, may request the appointment of an arbitrator. This request shall be made known to the superintendent no later than two (2) weeks after the decision Voluntary Labor Arbitration Rules of the Board has been renderedAmerican Arbitration Association. b. The arbitration procedure shall be limited solely to the interpretation and application of this Agreement to the precise issue(s) submitted for arbitration. The arbitration shall not apply to a complaint by an employee relative to his not being re-employed, nor to determine any decisions relating to withholding of increments and salary adjustments, Sabbatical Leaves, Statement of Reasons or Board policy not related to terms and conditions of employmentother issue(s). c. The following procedure arbitrator shall be used have no power or authority to secure hear cases challenging any of the services of an arbitratorfollowing: 1. A joint request shall be made i. The termination of services or failure to PERC to submit reemploy a roster of persons qualified to function as arbitrators in the dispute in questionprobationary unit member. 2ii. If The content of the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster, they shall request PERC to submit a second roster of names. 3. If the parties are unable to select a mutually satisfactory arbitrator from the second roster within ten (10) days of receipt of said second roster, PERC shall be requested by either party to designate an arbitratorunit member’s evaluation. d. All proceedings relative After a hearing on the merits of the grievance, the arbitrator shall render a written award which sets forth findings of fact, reasoning, and conclusions on the precise issue(s) submitted. i. Where the District has made a judgment involving the exercise of discretion, the arbitrator shall review such decision solely to determine whether the decision has violated the Agreement and shall not substitute the arbitrator’s judgment for that of the District ii. The arbitrator shall not add to, subtract from, amend, modify, or alter any provisions or procedure contained in this Agreement. iii. The arbitrator shall not issue statements of opinion or conclusions not essential to the arbitration shall be held after regular school hoursdetermination of the issue(s) submitted. iv. The arbitrator’s award may include restitution, financial reimbursement, or other proper remedy. e. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He shall neither add to nor subtract from the Agreement between the parties. The findings award of the arbitrator shall will be binding. Only submitted to the Board, the Association, and the grievant together with his representatives shall be given copies Board of the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion Trustees for f. implementation. g. The costs of the arbitration proceedings, including filing fees, the per-diem charges of the h. arbitrator, and any other fees shall be borne equally by the parties. f. Costs incurred by the arbitration proceedings shall be apportioned as follows: 1. i. Each party shall bear be responsible for the total cost incurred by itselfcosts of presenting its case. 2. The fees and expenses of the arbitrator are the only costs which shall be shared by the two (2) parties and such cost shall be shared equally. The cost of a stenographic report of the arbitration proceedings shall be paid by the party requesting the stenographic report.

Level 4. a. If In the event the aggrieved person is not satisfied with the disposition of his/her grievance at Level 3, the grievance may be submitted by the Union (but not a teacher) to arbitration within 10 school days after receipt of the Board's answer in Level 3. The parties shall attempt to agree upon an employee is dissatisfied with arbitrator within 5 school days after receipt of the notice of referral. In the event the parties are unable to agree upon an arbitrator within said 5-day period, the parties shall immediately jointly request the Federal Mediation and Conciliation Service to submit a decision panel of 5 arbitrators. Both the Board and the Union shall have the right to strike 2 names from the panel. The party requesting arbitration shall strike the first 2 names; the other party shall then strike 2 names. The remaining person shall be arbitrator. The arbitrator shall be notified of his/her selection by a joint letter from representatives of the Board and if the Union requesting that he/she set a time and place, subject to the availability of the Board and Union representatives. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issues submitted to him/her in writing and shall have no authority to make any decision or recommendation on any other issue not so submitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applicable laws and rules and regulations having the force and effect of law. The arbitrator shall submit in writing his/her decision within 30 days following close of the hearing or submission of briefs by the parties, whichever is later. The arbitrator's decision shall be based solely upon his/her interpretation of the meaning or application or the specific terms of this Agreement involved to the facts of the grievance pertains to a violation presented. The decision of the arbitrator shall be final and binding on the parties and faculty members and shall be immediately implemented. The fees of the arbitrator shall be divided equally between the Board and the Association, then the Association, at its sole option, may request the appointment of an arbitratorUnion. This request All other expenses shall be made known to the superintendent no later than two (2) weeks after the decision of the Board has been rendered. b. The arbitration procedure shall not apply to a complaint by an employee relative to his not being re-employed, nor to any decisions relating to withholding of increments and salary adjustments, Sabbatical Leaves, Statement of Reasons or Board policy not related to terms and conditions of employment. c. The following procedure shall be used to secure the services of an arbitrator: 1. A joint request shall be made to PERC to submit a roster of persons qualified to function as arbitrators in the dispute in question. 2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster, they shall request PERC to submit a second roster of names. 3. If the parties are unable to select a mutually satisfactory arbitrator from the second roster within ten (10) days of receipt of said second roster, PERC shall be requested by either party to designate an arbitrator. d. All proceedings relative to the arbitration shall be held after regular school hours. e. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He shall neither add to nor subtract from the Agreement between the parties. The findings of the arbitrator shall be binding. Only the Board, the Association, and the grievant together with his representatives shall be given copies of the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion of the arbitration proceedings. f. Costs incurred by the arbitration proceedings shall be apportioned as follows: 1. Each party shall bear the total cost incurred by itself. 2. The fees and expenses of the arbitrator are the only costs which shall be shared by the two (2) parties and such cost shall be shared equally. The cost of a stenographic report of the arbitration proceedings shall be paid borne by the party requesting the stenographic reportincurring them.

Level 4. a. If an employee is dissatisfied with a decision of the Board and if the grievance pertains to a violation between the Board and the Association, then the Association, at its sole option, may request the appointment of an arbitrator. This request shall be made known to the superintendent no later than two (2) weeks after the decision of the Board has been rendered. b. The arbitration procedure shall not apply to a complaint by an employee relative to his not being re-employed, nor to any decisions relating to withholding of increments and salary adjustments, Sabbatical Leaves, Statement of Reasons or Board policy not related to terms and conditions of employment. c. The following procedure shall be used to secure the services of an arbitrator: 1. A joint request shall be made to PERC to submit a roster of persons qualified to function as arbitrators in the dispute in question. 2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster, they shall request PERC to submit a second roster of names. 3. If the parties are unable to select a mutually satisfactory arbitrator from the second roster within ten (10) days of receipt of said second roster, PERC shall be requested by either party to designate an arbitrator. d. All proceedings relative to the arbitration shall be held after regular school hours. e. The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He shall neither add to nor subtract from the Agreement between the parties. The findings of the arbitrator shall be binding. Only the Board, the Association, and the grievant together with his representatives shall be given copies of the arbitrator's findings. These findings shall be rendered within thirty (30) days of the completion of the arbitration proceedings. f. Costs incurred by the arbitration proceedings shall be apportioned as follows: 1. Each party shall bear the total cost incurred by itself. 2. The fees and expenses of the arbitrator are the only costs which shall be shared by the two (2) parties and such cost shall be shared equally. The cost of a stenographic report of the arbitration proceedings shall be paid by the party requesting the stenographic report.thirty