Common use of Level Five Clause in Contracts

Level Five. Arbitration i. If the grievance is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. iv. The arbitrator’s findings shall be submitted in writing to the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. (a) If the grievance Association does not accept the School Committee Level Three response or if a response is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of given by the Level Three (or Optional Level Four) meeting, then within twenty (20) work daysSchool Committee, the Union Association may file submit the matter to arbitration by filing a written demand for arbitrationwith the American Arbitration Association. The This written demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy must be filed no later than thirty (30) days of receipt of the demand School Committee Level Three response or not later than forty-five (45) days of the day when the School Committee Level Three response was due, whichever is . applicable. Disputes regarding filing for arbitration shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of resolved by reviewing the American Arbitration Association’s time and date stamp. The parties agree that if an extension is requested by either side within the above referenced time limits, such extension will be granted. ii(b) The party seeking arbitration may request a list of arbitrators from the American Arbitration Association. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted The parties will be bound by the Board and/or unfair current rules and inequitable treatment, then only that portion based upon procedures of said Association in the alleged violation selection of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitrationan arbitrator. iii. (c) The arbitrator shall have authority to so selected will confer with the School Committee and the Association and hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within issue his decision not later than thirty (30) calendar days after from the date of the close of the hearings or, if requested by either partyoral hearings have been waived, within thirty (30) calendar days then from the date the written briefs final statements and proofs are submitted to the arbitrator. ivhim. The arbitrator’s findings shall decision will be submitted in writing to the College and to the Union and shall will set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s arbitrator will be without power or authority to make any decision shall which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement nor will he be consistent with existing statuespermitted to interpret the intention of the parties at the time they negotiated said Agreement. The decision of the arbitrator will be submitted to the School Committee and to the Association, and, subject to law, will be final and binding on all disputes arising under the provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearingAgreement, provided that the arbitrator shall resolve procedural issues before hearing not usurp the merits functions of the grievanceCommittee or the proper exercise of its judgment and discretion under law and this Agreement. Pending the processing of the grievance and the award from the American Arbitration Association and during the term of this Agreement, unless there shall be no stoppage, slowdown, or other interference with work in accordance with Article V (the parties mutually agree otherwiseNo- Strike, No-Lockout Provision) of this Agreement. vi. (d) The fees and expenses costs for the services of the arbitrator shall arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the College School Committee and the Union. Costs of representation and/or witness fees shall be borne by the party incurring themAssociation. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. (a) If the grievance Association does not accept the School Committee Level Three response or if a response is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of given by the Level Three (or Optional Level Four) meeting, then within twenty (20) work daysSchool Committee, the Union Association may file submit the matter to arbitration by filing a written demand for arbitrationwith the American Arbitration Association. The This written demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy must be filed no later than thirty (30) days of receipt of the demand School Committee Level Three response or not later than forty-five (45) days of the day when the School Committee Level Three response was due, whichever is applicable. Disputes regarding filing for arbitration shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of resolved by reviewing the American Arbitration Association's time and date stamp. The parties agree that if an extension is requested by either side within the above referenced time limits, such extension will be granted. ii(b) The party seeking arbitration may request a list of arbitrators from the American Arbitration Association. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted The parties will be bound by the Board and/or unfair current rules and inequitable treatment, then only that portion based upon procedures of said Association in the alleged violation selection of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitrationan arbitrator. iii. (c) The arbitrator shall have authority to so selected will confer with the School Committee and the Association and hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within issue his decision not later than thirty (30) calendar days after from the date of the close of the hearings or, if requested by either partyoral hearings have been waived, within thirty (30) calendar days then from the date the written briefs final statements and proofs are submitted to the arbitrator. ivhim. The arbitrator’s findings shall decision will be submitted in writing to the College and to the Union and shall will set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s arbitrator will be without power or authority to make any decision shall which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement nor will he be consistent with existing statuespermitted to interpret the intention of the parties at the time they negotiated said Agreement. The decision of the arbitrator will be submitted to the School Committee and to the Association, and, subject to law, will be final and binding on all disputes arising under the provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearingAgreement, provided that the arbitrator shall resolve procedural issues before hearing not usurp the merits functions of the grievanceCommittee or the proper exercise of its judgment and discretion under law and this Agreement. Pending the processing of the grievance and the award from the American Arbitration Association and during the term of this Agreement, unless there shall be no stoppage, slowdown, or other interference with work in accordance with Article V (the parties mutually agree otherwiseNo­ Strike, No-Lockout Provision) of this Agreement. vi. (d) The fees and expenses costs for the services of the arbitrator shall arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the College School Committee and the Union. Costs of representation and/or witness fees shall be borne by the party incurring themAssociation. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. If the grievance grievant is not settled at Level Three (or Optional Level Four)satisfied with the decision of the Board, or if no decision has been rendered within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days, the aggrieved person or the Association shall advise the Board in writing of its intent to arbitrate. Such notice shall be sent within fourteen (14) calendar days after the date of receipt of the close Board’s decision or within fourteen (14) calendar days of the hearings orpassage of thirty (30) calendar days without a response by the Board. a. A request will be made by either party to the New Jersey Public Employment Relations Commissions (PERC) to submit a roster of persons qualified to function as an arbitrator in the dispute in question. b. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, if they will request the New Jersey PERC to submit a second roster of names. c. If the parties are unable to determine, within fourteen (14) calendar days of the initial request for arbitration, a mutually satisfactory arbitrator from the second list, the New Jersey PERC may be requested by either party, within party to designate an arbitrator. d. The arbitrator so selected shall confer with the representatives of the Board and the Executive Committee and shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar days from the date close of the written briefs are submitted to the arbitrator. ivhearings. The arbitrator’s findings decision shall be submitted in writing to the College and to the Union and shall set forth the findings of fact, reasoning reasoning, remedy and conclusions on the issues submitted. The arbitrator’s decision of the arbitrator shall be consistent with existing statues, all provisions of this Agreement submitted to the Board and the Association and shall be final and binding on both the parties. The arbitrator may retain jurisdiction until such time as , only in matters specified within the award is completedfour corners of this contract or where required by law, and advisory in all other cases. v. Either party may request that procedural and substantive issues be consolidated e. The costs for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits services of the grievancearbitrator, unless including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the parties mutually agree otherwise. vi. The fees and expenses cost of the arbitrator hearing room shall be borne equally by the College Board and the UnionAssociation, unless an individual proceeds to arbitration without the Association’s consent in which case the individual shall bear the Association’s cost. Costs of representation and/or witness fees Any other expenses incurred shall be borne paid by the party incurring themthe same. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. If the grievance grievant is not settled at Level Three (or Optional Level Four)satisfied with the decision of the Board, or if no decision has been rendered within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days, the aggrieved person or the Association shall advise the Board in writing of its intent to arbitrate. Such notice shall be sent within fourteen (14) calendar days after the date of receipt of the close Board's decision or within fourteen (14) calendar days of the hearings orpassage of thirty (30) calendar days without a response by the Board. a. A request will be made by either party to the New Jersey Public Employment Relations Commissions (PERC) to submit a roster of persons qualified to function as an arbitrator in the dispute in question. b. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, if they will request the New Jersey PERC to submit a second roster of names. c. If the parties are unable to determine, within fourteen (14) calendar days of the initial request for arbitration, a mutually satisfactory arbitrator from the second list, the New Jersey PERC may be requested by either party, within party to designate an arbitrator. d. The arbitrator so selected shall confer with the representatives of the Board and the Executive Committee and shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar days from the date close of the written briefs are submitted to the arbitrator. ivhearings. The arbitrator’s findings 's decision shall be submitted in writing to the College and to the Union and shall set forth the findings of fact, reasoning reasoning, remedy and conclusions on the issues submitted. The arbitrator’s decision of the arbitrator shall be consistent with existing statues, all provisions of this Agreement submitted to the Board and the Association and shall be final and binding on both the parties. The arbitrator may retain jurisdiction until such time as , only in matters specified within the award is completedfour corners of this contract or where required by law, and advisory in all other cases. v. Either party may request that procedural and substantive issues be consolidated e. The costs for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits services of the grievancearbitrator, unless including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the parties mutually agree otherwise. vi. The fees and expenses cost of the arbitrator hearing room shall be borne equally by the College Board and the UnionAssociation, unless an individual proceeds to arbitration without the Association's consent in which case the individual shall bear the Association's cost. Costs of representation and/or witness fees Any other expenses incurred shall be borne paid by the party incurring themthe same. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. A. If the grievance is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. B. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. C. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. iv. D. The arbitrator’s findings shall be submitted in writing to the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. E. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. F. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them. vii. G. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. H. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- non-tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article XIV, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.79.7, 10.89.13, 10.9 9.13.2, 9.13.2 #2, and 9.13.3, shall be subject to arbitration.

Level Five. Arbitration i. If the grievance grievant is not settled satisfied with the disposition of his/her grievance at Level Three (or Optional Level Four)LEVEL FOUR, or if no written decision has been rendered within five (5) days after the hearing with the Board of Trustees, he/she may, within not more than five (5) days following the deadline for a written decision from the Board of Trustees, request in writing that the Association submit his/her grievance to arbitration. The Association shall request arbitration in writing to the Superintendent or designee within eight (8) days of the written decision or within eighteen (18) days following the hearing, if no written decision has been rendered. Within ten (10) work days after such written notice of submission to arbitration, the Level Three Superintendent or designee and the Association will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator, within ten (or Optional Level Four10) meeting, then within twenty (20) work days, the Union may file each party will name an arbitrator and obtain a demand for arbitrationcommitment from such arbitrator to serve on a three-man arbitration board. The demand two arbitrators will name a third mutually acceptable arbitrator to complete the three-man arbitration board. If they are unable to agree upon a third arbitrator or to obtain such a commitment within the ten (10) day period, a request for a list of five (5) arbitrators will be made to the Federal Mediation and Conciliation Service. Each arbitrator will strike two names. The remaining name on the list shall serve as the third arbitrator. If any question arises as to arbitrability, such question will first be ruled upon by the arbitrator (arbitration board) selected to hear the dispute. Neither party shall be submitted permitted to assert in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be arbitration proceedings any evidence which was not submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures other party before completion of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iiiLEVEL FOUR meeting. The arbitrator shall have authority to (arbitration board) selected will confer with the representatives of the Board of Trustees, Joint School District No. 2, and the Association, and hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. ivpromptly. The arbitrator’s findings shall decision will be submitted in writing to the College writing, and to the Union and shall will set forth his findings of fact, reasoning reasoning, and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator (arbitration board) shall have no power or authority to rule on any add to, subtract from, alter, or modify the terms of this agreement, or award damages. “Make-whole” remedies, including interest, shall not be considered damages. The decision of the following: a. The termination arbitrator (arbitration board) shall be submitted to the Board of service for cause or failure Trustees, Joint School District No. 2 and the Association and, subject to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article Xlaws, shall be subject final and binding. Nothing contained herein shall deny to arbitration. d. Dismissal for sufficient cause any certified employee, the Board or reduction-in-force the Association, their rights under State or Federal Constitutions and laws. The intent of bargaining unit employees provided this procedure is to keep arbitration costs to a minimum by using area (regional) and/or public services that might be available whenever possible. The costs of arbitration services, including per diem expenses, if any, and travel and subsistence expenses, if any, and the procedures required prior to cost of any hearing room, will be borne equally by the issuance Board of formal notice Articles 10.7, 10.8, 10.9 shall Trustees Joint School District No. 2 and the Association. All other costs will be subject to arbitration.borne by the party incurring them.‌‌‌