Common use of Level 6 Clause in Contracts

Level 6. If the Employee is not satisfied with the disposition of the grievance at Level 5, the Association may, within ten (10) days after the decision of the Superintendent, request arbitration by giving a written notice to the Employer. The Association and Employer will attempt to select an ad hoc arbitrator and, if unable to make a mutual selection, the arbitrator shall be selected by the American Arbitration Association in accordance with their Rules and Procedures. 1. The decision of the arbitrator shall be final and conclusive and binding upon Employees, the Board and the Association. 2. Powers of the arbitrator are subject to the following limitations: a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. b. He/she shall have no power to establish wage rates or to change any wage rates. c. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. d. He/she shall have no power to change the content of an Employee’s evaluation, nor may he/she decide any matter regarding the denial of tenure to a Employee or to his/her placement on a third year of probation. 3. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent. 4. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the arbitrator has first ruled upon the arbitrability of the grievance. In the event that a case is appealed to the arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. 5. More than one grievance may not be considered by the arbitrator at one time except by mutual written consent. 6. The cost of arbitration shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses. 7. At arbitration, neither party may raise new defenses or grounds not previously raised or disclosed.

Level 6. If a. In the Employee event an employee is not satisfied dissatisfied with the disposition determination of the Board, s/he shall have the right to appeal the grievance at Level 5, to the next level. Notice of intention to proceed to binding arbitration shall be made no later than fifteen (15) work days following the Board's determination which is being appealed. Failure to file within said time period shall constitute a bar to such arbitration unless the Association mayand Board shall mutually agree upon a longer time period within which to assert such a demand. Only the parties’ signatory to this Agreement shall have the right to proceed to arbitration, within ten (10) days after and said right shall not accrue to an individual. All arbitration shall be conducted pursuant to the decision rules and regulations established by the Public Employment Relations Commission under the provisions of Chapter 303, Laws of 1968, or, at the option of the SuperintendentAssociation, request arbitration by giving a written notice to through the EmployerAmerican Arbitration Association. The Association arbitrator's decision shall be in writing and Employer will attempt to select an ad hoc arbitrator andshall set forth his findings of facts, if unable to make a mutual selectionreasoning, and conclusions on the issue submitted. The arbitrator shall be selected without power or authority to make any decision which requires the commission of any act prohibited by the American Arbitration Association in accordance with their Rules and Procedures. 1. The decision of the arbitrator shall be final and conclusive and binding upon Employees, the Board and the Association. 2. Powers of the arbitrator are subject to the following limitations: a. He/she shall have no power to add to, subtract from, disregard, alter law or modify any which is violation of the terms of this agreement. The arbitrator shall not have the power to alter, amend, or revise any provision of this Agreement. b. He/she shall have no power to establish wage rates or to change any wage rates. c. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. d. He/she shall have no power to change the content of an Employee’s evaluation, nor may he/she decide any matter regarding the denial of tenure to a Employee or to his/her placement on a third year of probation. 3. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent. 4. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the arbitrator has first ruled upon the arbitrability of the grievance. In the event that a case grievance is appealed taken to arbitration, the compensation and expenses of the impartial arbitrator on which he/she has no power to rule, it and the American Arbitration Association shall be referred back to the parties without decision or recommendation on its merits. 5. More than one grievance may not be considered borne by the arbitrator at one time except by mutual written consent. 6losing party. The cost of arbitration any transcript shall be borne equally solely by the parties except each party shall assume its own cost for representation including any expense of witnessesrequesting it. 7c. The following matters shall not be arbitral: i. The failure or refusal of the Board to renew a contract of a non-tenure employee; matters where a method of review is prescribed by law, or by any rule or regulation of the State Commissioner of Education or the State Board of Education; ii. At arbitration, neither party may raise new defenses Matters where the Board is without authority to act; iii. Matters involving the statutory or grounds not previously raised or discloseddiscretionary powers of the Board.

Level 6. If the Employee is not satisfied with the disposition of the grievance at Level 5Xxxxx 0, the Association may, within ten (10) days after the decision of the Superintendent, request arbitration by giving a written notice to the Employer. The Association and Employer will attempt to select an ad hoc arbitrator and, if unable to make a mutual selection, the arbitrator shall be selected by the American Arbitration Association in accordance with their Rules and Procedures. 1. The decision of the arbitrator shall be final and conclusive and binding upon Employees, the Board and the Association. 2. Powers of the arbitrator are subject to the following limitations: a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. b. He/she shall have no power to establish wage rates or to change any wage rates. c. He/she shall have no power to decide any questions which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. d. He/she shall have no power to change the content of an Employee’s evaluation, nor may he/she decide any matter regarding the denial of tenure to a Employee or to his/her placement on a third year of probation. 3. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent. 4. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the arbitrator has first ruled upon the arbitrability of the grievance. In the event that a case is appealed to the arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. 5. More than one grievance may not be considered by the arbitrator at one time except by mutual written consent. 6. The cost of arbitration shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses. 7. At arbitration, neither party may raise new defenses or grounds not previously raised or disclosed.