Level Four Sample Clauses

Level Four. A. If within ten (10) school days following the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10) school days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitrator. B. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues 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's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. C. The costs of the services of the arbitrator will be borne equally by the Board and the Association. D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.

Level Four. If not resolved at Level Three, the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator: 26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator. 26.9.2 If the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator. 26.9.3 The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by, and must comply with, all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be binding. 26.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing. 26.9.5 The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.

Level Four a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within five duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitration. If the grievance is not submitted to arbitration within the above-stated time limit, the grievance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing the case. b. The parties shall agree to a standing list of arbitrators who are mutually acceptable and who agree to be readily available. Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the parties. c. If agreement on selection of a panel arbitrator cannot be reached, then within 10 duty days after such a written notice of a failure to agree, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association. d. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will issue his/her decision not later than 10 days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements and proofs are submitted to him/her. The arbitrator's recommendations will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without authority to make any recommendation beyond the terms of this Agreement. The recommendation of the arbitrator shall be binding upon both parties. e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the Board and the Association. All other expenses will be paid by the party incurring them.

Level Four i. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may file the written grievance within ten (10) days of the Level Three response with the Board. ii. Within five (5) days after receipt of the written grievance, the Board will meet with the aggrieved person in an effort to resolve it. The Board shall submit its decision in writing to the aggrieved person within five (5) days of the meeting.

Level Four. If SEIU/FPSU or the grievant is not satisfied with the disposition of the grievance at Level three, grievance may be submitted to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, FMCS and the Superintendent or designee must receive written notice that the grievance is proceeding to arbitration within thirty (30) days following receipt of the Level Three disposition, and that SEIU/FPSU or the grievant has submitted the grievance to arbitration within that time limit. The arbitrator shall have no power to add to, subtract from, modify, or alter the terms of this agreement. The arbitrator shall render his/her written decision within thirty (30) days or as soon as possible after the close of the hearing or after the deadline for filing post-hearing briefs and shall furnish a copy to the grievant, SEIU/FPSU and to the District.

Level Four. 1. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no written decision has been rendered within ten (10) working days after he/she has met with the mediator, he/she or his/her designee may, within ten (10) working days after a decision by the mediator, request in writing that the Association submit his/her grievance to binding arbitration. The Association, by written notice to the Superintendent within fifteen (15) working days after receipt of the request from the aggrieved person, may submit the grievance to binding arbitration. 2. In the event that the Association chooses not to submit the grievance to binding arbitration, the grievant shall be notified in writing with fifteen (15) working days after the receipt of the request. 3. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) working days of the Association’s submission of the grievance to arbitration, submission of the grievance shall be made to the American Arbitration Association. In any event, the parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator, and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of said Association. 4. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusion on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement, nor shall the arbitrator have power to alter, amend, add to or subtract from any of the terms of this Agreement. 5. All costs for the services of the arbitrator, including but not limited to per diem expenses, travel and subsistence expenses, and the cost of any hearing room will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them. 6. This agreement to binding arbitration shall be for the resolution of grievances as defined in this contract only and shall in no way be construed to mean agreement to it in any other proceeding.

Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit. 1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits. 2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party. 3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrato...

Level Four a. If the Association is not satisfied with the Level Three disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may, at the option of the Association, be submitted to arbitration. b. If the parties cannot agree upon an arbitrator within seven (7) calendar days of the date the Board of Education’s decision was due and the Association still desires to proceed to arbitration, the Association must file a demand for arbitration with the American Arbitration Association within thirty (30) calendar days from the date of the Board of Education’s decision or the due date of the Board of Education’s decision. If a timely demand for arbitration is filed, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceedings. If a demand for arbitration is not filed in a timely fashion, the grievance shall be deemed to be settled on the basis of the last response given. c. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to reply on any evidence not previously disclosed to the other party. d. The arbitrator shall have no power to: • add to, subtract from, disregard, alter or modify any terms of this Agreement, • establish wage schedules or change any wage rate, • award monetary relief where there has been no loss or reduction in wages, • interpret state or federal law except as may be necessary to determine whether a grievance is arbitrable, • award interest or punitive damages, • award relief retroactive beyond the date the grievance was filed, • change any practice, policy or rule of the Board nor to substitute his/her judgment for that of the Board regarding the reasonableness of any such practice, policy, rule or any action taken by the Board. e. The arbitrator’s decision shall be final and binding on the Association, all employees covered by this Agreement, and on the Board. f. In the event a case is appealed to an arbitrator and he/she finds that he/she has no power to rule on such case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. g. The expenses of the arbitrator shall be paid by the loser. The Association shall be deemed to be the loser if the relief sought by the Association is not awarded.

Level Four. Arbitration 1. Only the ASSOCIATION shall have the right to appeal any grievance, as defined in Section 3.01 to arbitration. In the event it is claimed by the ADMINISTRATION that any matter filed as a grievance is not a grievance as defined in Section 3.01, such issue, as such, may be appealed to arbitration, with the arbitrator having the authority to rule on the arbitrability issue in addition to hearing any evidence or issuing any ruling on the merits of the dispute. 2. Notification of the intent of the ASSOCIATION to appeal a grievance to arbitration must be submitted in writing to the Superintendent thirty (30) days after the Mediation Conference under Level Three or within seven (7) work days after the written answer was given by the Superintendent under Level Two of the grievance procedure, otherwise the matter shall not be subject to arbitration. The ASSOCIATION will request the American Arbitration Association to provide the parties with a panel of arbitrators from which the parties can select an arbitrator in accordance with the rules of the American Arbitration Association. In the event the parties are unable to select an arbitrator from any list provided by the American Arbitration Association, the ASSOCIATION shall not have the authority to independently designate an arbitrator but shall furnish the parties additional lists until an arbitrator can be selected from a list furnished by the American Arbitration Association. 3. Neither party will be permitted to assert in any arbitration proceeding any ground or to rely on any evidence not previously fully disclosed to the other party. 4. The BOARD and the ASSOCIATION shall equally share the fees and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. Each, however, shall be responsible for the fees and expenses of its representative. 5. Unless contrary to law, the decision of the arbitrator shall be final and binding upon the BOARD, the ASSOCIATION, and any Professional Staff Member involved in the matter. 6. The arbitrator shall not have the power to add to, subtract from, or modify this CONTRACT and shall only have the authority to interpret the provisions of this CONTRACT in light of applicable law as the same relate to the specific grievance appealed to arbitration.

Level Four a. Within fourteen (14) days after receipt of the decision of the Superintendent or his/her designee, the grievance may be appealed, in writing, to the Board of Education. This level may be waived with mutual agreement of the parties. b. At the next regularly scheduled Board meeting at least fourteen (14) days after delivery of the appeal, the Board of Education shall hear the grievance. c. Within twenty-one (21) days after the hearing, the Board of Education shall communicate its decision in writing.