Common use of Level Five Clause in Contracts

Level Five. If the Association is not satisfied with the disposition of the grievance by the Board, the Association, may within ten (10) days after receiving the decision from the Board, submit the grievance to arbitration by requesting a list of arbitrators from the American Arbitration Association. The parties shall then be bound by the rules and procedures of the AAA. The Superintendent shall receive a copy of the demand for arbitration. The arbitrator so selected shall confer with representatives of the Board and the Association and hold hearings promptly. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions for the issues submitted. The arbitrator shall be without power or authority to make a decision, which violates the terms of this agreement. The arbitrator shall be without power to add to, delete from, or modify this agreement. He/she shall issue his/her decision no later than thirty (30) calendar days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statement and proofs are submitted. The decision shall be submitted to the Board, the Association and the aggrieved, and shall be binding with respect to grievances involving the alleged violation, interpretation or inequitable application of the expressed provisions of the contract, and shall be advisory with respect to all other matters. The cost for services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.

Level Five. i. If the Association is not satisfied with the disposition of the grievance by the Board, the Association, may within ten (10) days after receiving the decision from the Board, submit the grievance to arbitration by requesting a list of arbitrators from the American Arbitration Association. The parties shall then be bound by the rules and procedures of the AAA. The Superintendent shall receive a copy of the demand for arbitration. The arbitrator so selected shall confer with representatives of the Board and the Association and hold hearings promptly. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, reasoning and conclusions for the issues submitted. The arbitrator shall be without power or authority to make a decision, decision which violates the terms of this agreement. The arbitrator shall be without power to add to, delete from, or modify this agreement. He/she shall issue his/her decision no later than thirty (30) calendar days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statement and proofs are submitted. The decision shall be submitted to the Board, the Association and the aggrieved, and shall be binding with respect to grievances involving the alleged violation, interpretation or inequitable application of the expressed provisions of the contract, and shall be advisory with respect to all other matters. ii. The cost for services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.

Level Five. If the Association is not satisfied with the disposition of the grievance by the Board, the Association, may within ten (10) days after receiving the decision from the Board, submit the grievance to arbitration by requesting a list of arbitrators from the American Arbitration Association. The parties shall then be bound by the rules and procedures of the AAA. The Superintendent shall receive a copy of the demand for arbitration. The arbitrator so selected shall confer with representatives of the Board and the Association and hold hearings promptly. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, reasoning and conclusions for the issues submitted. The arbitrator shall be without power or authority to make a decision, decision which violates the terms of this agreement. The arbitrator shall be without power to add to, delete from, or modify this agreement. He/she shall issue his/her decision no later than thirty (30) calendar days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statement and proofs are submitted. The decision shall be submitted to the Board, the Association and the aggrieved, and shall be binding with respect to grievances involving the alleged violation, interpretation or inequitable application of the expressed provisions of the contract, and shall be advisory with respect to all other matters. The cost for services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.

Level Five. If the Association is not satisfied with the disposition of the grievance by the Board, the AssociationAssociation may, may within ten (10) school days after receiving the decision from of the Board, submit the grievance to arbitration by requesting a list of arbitrators from the American Arbitration Association. The parties shall then be bound by the rules and procedures of the AAA. The Superintendent shall receive a copy of the demand for arbitration. The arbitrator so selected shall confer with representatives of the Board and the Association and hold hearings promptly. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions for the issues submitted. The arbitrator shall be without power or authority to make a decision, decision which violates the terms of this agreementAgreement. The arbitrator shall be without power to add to, delete from, or modify this agreementAgreement. He/she shall issue his/her decision no later than thirty (30) calendar days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statement and proofs are submitted. The decision shall be submitted to the Board, the Association and the aggrieved, and shall be binding with respect to grievances involving the alleged violation, interpretation or inequitable application of the expressed provisions of the contract, and shall be advisory with respect to all other matters. The cost for services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.

Level Five. If the Association is not satisfied with the disposition of the grievance by the Board, the Association, may within ten (10) days after receiving the decision from the Board, submit the grievance to arbitration by requesting a list of arbitrators from the American Arbitration Association. The parties shall then be bound by the rules and procedures of the AAA. The Superintendent shall receive a copy of the demand for arbitration. The arbitrator so selected shall confer with representatives of the Board and the Association and hold hearings promptly. The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions for the issues submitted. The arbitrator shall be without power or authority to make a decision, decision which violates the terms of this agreement. The arbitrator shall be without power to add to, delete from, or modify this agreement. He/she shall issue his/her decision no later than thirty (30) calendar days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statement and proofs are submitted. The decision shall be submitted to the Board, the Association and the aggrieved, and shall be binding with respect to grievances involving the alleged violation, interpretation or inequitable application of the expressed provisions of the contract, and shall be advisory with respect to all other matters. The cost for services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Board and the Association.