Common use of Level Five Clause in Contracts

Level Five. If the aggrieved person is not satisfied with the Board's decision at Level Four, or if no decision has been rendered within thirty (30) days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Association submit his/her grievance to arbitration, which shall be binding on issues concerning the interpretation of the agreement and in all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association and/or the Public Employment Relations Commission in the selection of an arbitrator. b) The arbitrator selected shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar days from the date of the hearing(s), or if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with the powers, duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and conditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. (4) Provided further that non-renewal of employment contracts shall not be subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the services of arbitrator shall be borne equally by the Board and the Association. Any other expense incurred shall be paid by the party incurring same. d) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The Association shall have the right to grieve in the same manner as an individual whenever its grievance is based upon a complaint suffered by the members of a unit as a whole.

Level Five. If the aggrieved person is Association and the grievant are not satisfied with the Board's decision at Level Four, disposition of the grievance by the Board or if no decision disposition has been rendered made within thirty the period above provided, the grievance may be submitted within ten (3010) days after the grievance was delivered to the Board, whichever is sooner, the person must request notification in writing that the president of the Association submit his/her grievance to arbitration, which shall be binding on issues concerning the interpretation of the agreement and in all other respects non-bindingarbitration before an impartial arbitrator. If the Association determines that parties cannot agree as to the grievance is meritoriousarbitrator, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators he shall be made to selected by the American Arbitration Association and/or in accord with its rules, which shall likewise govern the Public Employment Relations Commission arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or rely on any evidence not previously disclosed to the selection of an arbitrator. b) other party. The arbitrator selected shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar days have no power to alter, add to, or subtract from the date terms of this Agreement. His power shall be limited to deciding whether the Board or professional staff has violated the express article or sections of this Agreement. It being understood that any matter not specifically set forth herein remains the reserved rights of the hearing(s)Board. The decision of the arbitrator, or if oral hearings have been waivedwithin the scope of his authority, then from as above set forth, shall be final and binding. The fees and expenses of the date arbitrator shall be shared equally by both parties. A grievance may be withdrawn at any level. However, once withdrawn, the final statements and proofs on the issue are grievance may not be submitted to him/herthe grievance procedure again unless agreed to by both parties. The arbitrator's decision Decisions rendered at all levels shall be in writing and shall set forth his/her findings be promptly transmitted to all parties of factinterest. When transmission is by the employer, reasoning and conclusions of the issues submitted. The arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and Association President shall be without authority considered to be a party of interest. No reprisals of any kind shall be taken by or power against any party of interest or any participant in the grievance procedure by reason of such participation. No documents, communications or records dealing with a grievance shall be filed in the personnel file in the teacher’s record file. Grievances shall be processed outside of regular classroom hours unless otherwise agreed to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, by the terms parties. Notwithstanding the expiration of this Agreement, any claim or of applicable law or rules or regulations having grievance arising thereunder may be processed through the force and effect of law; (2) Limiting or interfering in any way with the powers, duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and conditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretiongrievance procedure until resolution. (4) Provided further that non-renewal of employment contracts shall not be subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the services of arbitrator shall be borne equally by the Board and the Association. Any other expense incurred shall be paid by the party incurring same. d) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The Association shall have the right to grieve in the same manner as an individual whenever its grievance is based upon a complaint suffered by the members of a unit as a whole.

Level Five. If the aggrieved person is not satisfied with the Board's decision at Level Four, or if no decision has been rendered within thirty (30) school days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Association submit his/her grievance to arbitration, which shall be binding on issues concerning the interpretation of the agreement and in all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association and/or the Public Employment Relations Commission in the selection of an arbitrator. b) The arbitrator selected shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar school days from the date of the hearing(s), or if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with the powers, duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and conditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. (4) Provided further that non-renewal of employment contracts shall not be subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the services of arbitrator shall be borne equally by the Board and the Association. Any other expense incurred shall be paid by the party incurring same. d) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The Association shall have the right to grieve in the same manner as an individual whenever its grievance is based upon a complaint suffered by the members of a unit as a whole.

Level Five. If the aggrieved person is not satisfied with the Board's decision at Level Four, or if no decision has been rendered within thirty (30) days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Association submit his/her grievance to arbitration, which shall be binding on issues concerning the interpretation of the agreement and in all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association and/or the Public Employment Relations Commission in the selection of an arbitrator. b) The arbitrator selected shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar days from the date of the hearing(s), or if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with the powers, duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and conditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. (4) Provided further that non-renewal of employment contracts shall not be subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the services of arbitrator shall be borne equally by the Board and the Association. Any other expense incurred shall be paid by the party incurring same. d) All grievance settlements shall be made in writing and approved by the superintendent super- intendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The Association shall have the right to grieve in the same manner as an individual whenever its grievance is based upon a complaint suffered by the members of a unit as a whole.

Level Five. If the aggrieved person is Association not satisfied with the Board's decision at Level Four, disposition of the grievance by the Board or if no decision disposition has been rendered made within thirty the period above provided, the grievance may be submitted within ten (3010) days after the grievance was delivered to the Board, whichever is sooner, the person must request notification in writing that the president of the Association submit his/her grievance to arbitration, which shall be binding on issues concerning the interpretation of the agreement and in all other respects non-bindingarbitration before an impartial arbitrator. If the Association determines that parties cannot agree as to the grievance is meritoriousarbitrator, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators he shall be made to selected by the American Arbitration Association and/or in accord with its rules, which shall likewise govern the Public Employment Relations Commission arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or rely on any evidence not previously disclosed to the selection of an arbitrator. b) other party. The arbitrator selected shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar days have no power to alter, add to, or subtract from the date terms of this Agreement. His power shall be limited to deciding whether the Board or professional staff has violated the express article or sections of this Agreement. It being understood that any matter not specifically set forth herein remains the reserved rights of the hearing(s)Board. The decision of the arbitrator, or if oral hearings have been waivedwithin the scope of his authority, then from as above set forth, shall be final and binding. The fees and expenses of the date arbitrator shall be shared equally by both parties. A grievance may be withdrawn at any level. However, once withdrawn, the final statements and proofs on the issue are grievance may not be submitted to him/herthe grievance procedure again unless agreed to by both parties. The arbitrator's decision Decisions rendered at all levels shall be in writing and shall set forth his/her findings be promptly transmitted to all parties of factinterest. When transmission is by the employer, reasoning and conclusions of the issues submitted. The arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and Association President shall be without authority considered to be a party of interest. No reprisals of any kind shall be taken by or power against any party of interest or any participant in the grievance procedure by reason of such participation. No documents, communications or records dealing with a grievance shall be filed in the personnel file in the teacher’s record file. Grievances shall be processed outside of regular classroom hours unless otherwise agreed to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, by the terms parties. Notwithstanding the expiration of this Agreement, any claim or of applicable law or rules or regulations having grievance arising thereunder may be processed through the force and effect of law; (2) Limiting or interfering in any way with the powers, duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and conditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretiongrievance procedure until resolution. (4) Provided further that non-renewal of employment contracts shall not be subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the services of arbitrator shall be borne equally by the Board and the Association. Any other expense incurred shall be paid by the party incurring same. d) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The Association shall have the right to grieve in the same manner as an individual whenever its grievance is based upon a complaint suffered by the members of a unit as a whole.

Level Five. If the aggrieved person is not satisfied with the Board's decision at Level Four, or if no decision has been rendered within thirty (30) days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Association submit his/her grievance to arbitration, which shall be binding on issues concerning the interpretation of the agreement and in all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association and/or the Public Employment Relations Commission in the selection of an arbitrator. b) The arbitrator selected shall hold hearings promptly and shall issue a decision not later than thirty (30) calendar days from the date of the hearing(s), or if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with the powers, duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and conditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. (4) Provided further that non-renewal of employment contracts shall not be subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the services of arbitrator shall be borne equally by the Board and the Association. Any other expense incurred shall be paid by the party incurring same. d) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The Association shall have the right to grieve in the same manner as an individual whenever its grievance is based upon a complaint suffered by the members of a unit as a whole. RIGHTS AND PROTECTION IN REPRESENTATION 1. Pursuant to Chapter 123, Public Laws of 1974, the Board hereby agrees that every employee of the Board shall have the right to freely organize, join, and support the Association and its affiliates for the purpose of engaging in collective negotiations. The Board agrees that it shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any right conferred by Chapter 123, Public Law of 1974, and shall not discriminate against any employee with respect to hours, wages, or any terms or conditions or employment affiliates, his/ her participation in activities of the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. 2. Whenever any employee is required to appear before the Board of Education or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that employee in his/her office position or employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Association present to advise him/her and represent him/her during such meeting or interview. 3. All Board policies and practices affecting terms and conditions of employment which are in effect as of the date of the execution of this agreement shall remain in force for the term of this agreement. 4. Except for just cause, an employee shall not be disciplined. Teacher assistants are included within this paragraph, provided, however, that teacher assistants may grieve such discipline to Board level only. Teacher assistants may not appeal any grievance under this provision to arbitration. 5. At no time shall a bus driver be requested to, in any way, supervise or be responsible for pupils at any work location except in the event of an emergency. 6. Any employee shall have the right to review the contents of his/her personnel file with prior notice.