Common use of Level Four Clause in Contracts

Level Four. If the aggrieved person is not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievance, the Association, at the grievant's request, may request a hearing before an arbitrator. The request for arbitration shall be made within fifteen (15) school days following receipt of the disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his designated representative shall mutually petition the American Arbitration Association ("AAA") to provide both parties with a list of seven (7) names. Within five (5) days following receipt of the list of names from the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other party. When six (6) names have been stricken from the list, the remaining name shall be the arbitrator. The first party to strike a name from the list shall be decided by the flip of a coin. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, the decision of the arbitrator shall be binding on both parties. The cost of the arbitrator shall be fully paid by the losing party, which shall be so determined by the arbitrator in his/her written report.

Level Four. If the aggrieved person SCEA is not satisfied with the disposition of the grievance at Level Two and either 1Three on a grievance alleging a violation, misinterpretation or misapplication of this agreement, the SCEA shall, within five (5) work days after receipt, review the Board grievance and the Association have not agreed upon facilitation at Level Threeanswer and, or 2) facilitation at Level Three has been completed but has not resulted if it desires, advise in resolution writing the Superintendent of the grievance, the Association, at the grievant's request, may request a hearing before an arbitrator. The request for arbitration shall be made within fifteen (15) school days following receipt of the disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested its desire to the Treasurer of the Boardproceed to arbitration. Within five (5) work days following after receipt of the grievant's request for arbitration by the TreasurerSuperintendent, representatives of the Board and the Association shall meet to select an arbitrator. If they are unable to agree on an arbitrator, the Board or its designated representative and the grievant or his designated representative parties shall mutually jointly petition the American Arbitration Association ("AAA") to provide both parties with for a list of seven fifteen (715) names. Within five (5) days following receipt of the list of names from which the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by according to the alternate striking rules of names from the American Arbitration Association list by first one party, then the other partyAAA. When six (6) names have been stricken from the list, the remaining name Either party shall be the arbitrator. The first party entitled to strike request a name from the list shall be decided by the flip of a coinsecond list. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, The arbitrator shall have authority to consider only a single grievance or several grievances involving a common question of interpretation or application. The arbitrator shall hold the necessary hearing promptly and only to the extent that, issue the decision is limited within thirty (30) calendar days or such time as may be agreed upon. Decisions shall be in writing and a copy sent to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, all parties present at the hearing. The decision of the arbitrator shall be binding on both partiesthe Board, the administration, the Association and the grievant(s). The cost arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this Collective Bargaining Contract, nor add to, detract from or modify the language therein in arriving at a determination of any issues presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall in no way interfere with management prerogatives involving the Board's discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, and rules and regulations having the force and effect of law. Costs for services of the arbitrator, including per diem expenses, if any, and necessary travel and subsistence expenses, shall be fully paid borne one-half (1/2) by the losing party, which shall be so determined party and one-half (1/2) by the arbitrator in his/her written reportwinning party.

Level Four. If the aggrieved person is not satisfied with the disposition Within thirty (30) calendar days of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievance, the Association, at the grievant's request, may request a hearing before an arbitrator. The request for arbitration shall be made within fifteen (15) school days following receipt of the disposition of grievance in Level TwoThree decision, or if facilitation has been requestedthe Association may, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested upon written notice to the Treasurer of Superintendent, submit the Boardgrievance to advisory arbitration. Within five ten (510) working days following after receipt of the grievant's request demand for arbitration by the Treasurerarbitration, the Board or its designated representative and the grievant or his designated representative parties shall mutually petition request from the American Arbitration Association Federal Mediation and Conciliation Service ("AAA") to provide both parties with FMCS), a list of seven (7) namesarbitrators. Within five (5) days following receipt of The parties shall set a meeting at a mutually agreeable time after receiving the list of names from the AAA, the Board or its designated representative arbitrators and the grievant or his designated representative shall attempt to select the agree on one (1) arbitrator. If the parties cannot agree upon an arbitrator, they shall select an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate alternately striking of names from the American Arbitration Association list by first one party, then the other party. When six (6) names have been stricken from the list, with the Association striking the first name. The last name remaining name on the list shall be the arbitrator. The first party If the arbitrator chosen is unable to strike serve, the parties shall request a name new list from the list FMCS and repeat the selection process as described above. There shall be decided no new issue, evidence, material, or allegation submitted by either party during the grievance process once a formal grievance is appealed to advisory arbitration. The superintendent, other administrative staff, Board attorney, and the Association shall meet not fewer than fourteen (14) calendar days prior to the date for any arbitration hearing. At said meeting, the parties will frame the issue(s) or question(s) to be arbitrated, if possible and if agreement is reached, put the issue(s) or question(s) into writing to be signed by each, and submitted jointly at the appropriate time to the arbitrator. In the event that the agreement on the issue(s) cannot be reached by the flip of a coin. Once parties, the arbitrator has been selectedshall resolve the matter by defining the issue(s), he/she shall which will be immediately notified, and he/she shall conduct a hearing on dealt with at the hearing. Only the issues raised during the grievance in accordance with the rules procedure will be considered at said pre-arbitration meeting. The fees and regulations of the American Arbitration Association. If, and only to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, the decision expenses of the arbitrator shall be binding on both partiesshared equally by the Association and the Board, and all other expenses shall be borne by the party incurring them. The cost arbitrator shall hold a hearing as soon as possible. Within thirty (30) calendar days of the date on which the record is closed by the arbitrator, said arbitrator shall submit to both parties his/her recommendation, which shall be advisory only. Said advisory recommendation of the arbitrator shall be fully paid in writing and shall be signed by the losing partyarbitrator. In the event either party raises a threshold question of arbitrability, which the arbitrator shall be so determined first rule on the arbitrability of the grievance. With such ruling by the arbitrator in that the grievance is not arbitrable, the grievance shall be deemed resolved by the answer rendered at Level Two. Neither party shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. The arbitrator shall be without power or authority to alter, amend, disregard, or modify any of the terms of this Agreement or to make any recommendation which would require commission of an act prohibited by law or which is violative of the terms of this Agreement. The arbitrator’s powers shall be limited to advising on whether there has been a violation of any article or section of this contract or Board policy, and providing a rationale for his/her written reportrecommendation.

Level Four. If the aggrieved person bargaining unit member is not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievancehe/she may request, through the Association, at that the grievant's request, may request a hearing before an arbitrator. The request for issue be submitted to arbitration shall be made within fifteen five (155) school days following after receipt of the disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection written notice of the facilitation request at Level Threeaction taken by the Superintendent. The request for From the date that the letter from the Association President is received by the Superintendent, no arbitration shall take place for a period of sixty (60) days. During that time period, mediation may take place. If mediation is utilized, the mediator will be provided by certified mail the Federal Mediation and Conciliation Service (FMCS). Once mediation has occurred, the parties may agree to waive the sixty days and proceed with return receipt requested to the Treasurer of the Boardarbitration process. Within five (5) days following receipt by the President of the grievant's ’s request for arbitration by the Treasurerarbitration, the Board or its designated representative and the grievant or his designated representative Association shall mutually petition the American Arbitration Association ("AAA") to provide both parties with a list of seven (7) names. Within five (5) days following receipt of the list of names from the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If which an arbitrator cannot be mutually agreed to, he/she shall will be selected by the alternate striking strike method and notified in accordance with the rules of names from the American Arbitration Association list by first one party, then the other party. When six (6) names have been stricken from the list, the remaining name shall be the arbitratorAssociation. The first party to strike a name from the list shall be decided by the flip toss of a coincoin will determine who strikes first. Either party has the right to request a second list. Once the arbitrator has been selected, he/he or she shall be immediately notified, and he/she shall conduct a hearing proceed with the arbitration on the grievance in accordance with the rules and regulations Voluntary Labor Arbitration Rules of the American Arbitration Association. If, The arbitrator shall have the authority to consider only a single grievance or several grievances involving a common question of interpretation or application. The arbitrator shall hold the necessary hearing promptly and only to the extent that, issue the decision is limited within such time as may be agreed upon. The decision shall be in writing and a copy sent to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, all parties present at the hearing. The decision of the arbitrator shall be binding on both partiesthe Board, the Association, and the grievant. The cost arbitrator shall not have the authority to add, subtract from, modify, change, or alter any of the provisions of this Collective Bargaining Contract; nor add to, detract from, or modify the language therein; nor make any award which is inconsistent with the terms of this Agreement. All expenses for the arbitrator shall be fully paid shared equally by the losing party, which shall be so determined by Board and the arbitrator in his/her written reportAssociation.

Level Four. Arbitration If the aggrieved person is not satisfied with the disposition of the his/her grievance at Level Two and either 1Three, he/she may within twenty (20) school days after the decision by the Board request in writing that the Association submit his/her grievance to arbitration. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association have not agreed shall attempt to agree upon facilitation at Level Threea 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 the specified period, or 2) facilitation at Level Three has been completed but has not resulted in resolution a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the grievance, Public Employment Relations Commission in the Association, at the grievant's request, may request a hearing before selection of an arbitrator. The request for arbitration arbitrator so elected shall confer with the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of 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 made within fifteen (15) school days following receipt in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall 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 disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his designated representative shall mutually petition the American Arbitration Association ("AAA") to provide both parties with a list of seven (7) names. Within five (5) days following receipt of the list of names from the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other party. When six (6) names have been stricken from the list, the remaining name shall be the arbitrator. The first party to strike a name from the list shall be decided by the flip of a coin. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term terms of this Agreement, the . The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding on both partieswith reference to grievances concerning the alleged misapplication, misinterpretation or violation of the Agreement commencing July 1, 2000. Advisory arbitration shall continue to be the final step for all other grievances of Board policy and administrative decisions. The cost for the services of the arbitrator arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be fully borne equally by the Board and the Association. Any other expenses incurred shall be paid by the losing party, which shall be so determined by party incurring the arbitrator in his/her written reportsame.

Level Four. If the aggrieved person grievance is not satisfied with resolved to the disposition satisfaction of the Association after the procedures set forth above have been exhausted, the School District or the Association may, as the case may be, submit the grievance to arbitration within thirty (30) days from the date the final decision of Level Three of the grievance at Level Two procedure was due. The party wishing to refer the matter to arbitration shall so notify the other party in writing stipulating the matter to be arbitrated and either 1) requesting arbitration. The arbitration shall be conducted by an arbitrator to be selected by the Board School District and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievance, the Association, at as the grievant's requestcase may be, may request a hearing before an arbitrator. The request for arbitration shall be made if they can mutually agree upon selection within fifteen (15) school days following receipt of the disposition of grievance in Level Two, or if facilitation after notice has been requestedgiven. If the parties are unable to select an arbitrator who is mutually acceptable, within (15) school days following then the grievance may be submitted by either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for party to arbitration shall be by certified mail in accordance with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his designated representative shall mutually petition the American Arbitration Association ("AAA") Association’s current rules. Either party shall have the right to provide both parties with have a list of seven (7) names. Within five (5) days following receipt transcript made of the list of names from proceedings, in which case the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she transcript shall be selected designated by the alternate striking parties as the official record of names from the American Arbitration Association list by first one party, then proceedings. Both parties shall share the other party. When six (6) names have been stricken from expense of providing a copy of the list, the remaining name shall be transcript to the arbitrator. The first party to strike a name from the list shall be decided by the flip decision of a coin. Once the arbitrator has been selected, he/she shall should be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only limited to the extent thatspecific point or points of difference submitted to her or him. The arbitrator shall have no power to add or subtract from, the decision is limited to determining that there has been a violation, misinterpretationmodify, or misapplication of a specific term amend any provisions of this Agreement, the . The decision of the arbitrator shall be final and binding on upon both partiesparties and shall be specifically enforceable against either party. The arbitrator shall not render a decision contrary to state or federal law. The arbitrator shall hold hearings promptly and, unless the time shall be extended by mutual written agreement, shall be requested to issue the decision not later than thirty (30) days from the date of the hearing or from the date of the submission of final briefs, whichever is later. The cost of the arbitrator any arbitration proceedings and reasonable expenses incurred therewith shall be fully paid by divided equally between the losing party, which shall School District and the Association. Grievances may be so determined by the arbitrator in his/her written reportsettled without precedent at any stage of this procedure.

Level Four. If the aggrieved person SEA is not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level ThreeThree on a grievance alleging a violation, misinterpretation or 2) facilitation at Level Three has been completed but has not resulted in resolution misapplication of the grievancethis Agreement, the AssociationSEA shall, at the grievant's request, may request a hearing before an arbitrator. The request for arbitration shall be made within fifteen five (155) school work days following after receipt of the disposition Level Three decision, review the grievance and the answer and, if it desires advise in writing the Superintendent of grievance its desire to proceed to binding arbitration by an outside arbitrator in Level Two, or if facilitation has been requested, within (15) school days following either accordance with the facilitation meeting or the Board’s rejection Rules of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the BoardAmerican Arbitration Association. Within five (5) days following after receipt of the grievant's request for arbitration by the TreasurerSuperintendent, representatives of the Board and the Association shall meet to select an arbitrator. If they are unable to agree on an arbitrator, the Board or its designated representative and the grievant or his designated representative parties shall mutually jointly petition the American Arbitration Association Federal Mediation and Conciliation Service ("AAA"FMCS) to provide both parties with for a list of seven nine (79) names. Within five (5) days following receipt of the list of names from which the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other partystrike method. When six (6) names have been stricken from the list, the remaining name Either party shall be the arbitrator. The first party entitled to strike request a name from the list shall be decided by the flip of a coinsecond list. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, The arbitrator shall have authority to consider only a single grievance or several grievances involving a common question of interpretation or application. The only alleged contract violations which may be considered by the Arbitrator are violations specifically and only expressly referenced by citation to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term Article and Section of this Agreement, Agreement in the written grievance. The arbitrator shall hold the necessary hearing within thirty (30) calendar days or such time as may be agreed upon. Decisions shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on both partiesthe Board, the administration, the Association and the grievant(s). The cost arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Contract, nor add to, detract from or modify the language therein in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issues(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall in no way interfere with management prerogatives involving the Board's discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, and rules and regulations having the force and effect of law. Costs for services of the arbitrator, including per diem expenses, if any, and necessary travel and subsistence expenses, shall be fully paid borne two-thirds (2/3) by the losing party, which shall be so determined party and one-third (1/3) by the arbitrator winning party. Unless a Memorandum of Understanding or other settlement document provides otherwise, the party who cancels a scheduled arbitration hearing shall bear the entire fee, if any, for the cancellation. It is the mutual desire of the SEA and the Board of Education to avoid unnecessary expenditures in his/her written reportthe arbitration process. Accordingly hearing(s) will be held alternately at the OEA office or the Shawnee Board of Education facilities.

Level Four. If the aggrieved person SEA is not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level ThreeThree on a grievance alleging a violation, misinterpretation or 2) facilitation at Level Three has been completed but has not resulted in resolution misapplication of the grievancethis Agreement, the AssociationSEA shall, at the grievant's request, may request a hearing before an arbitrator. The request for arbitration shall be made within fifteen five (155) school work days following after receipt of the disposition Level Three decision, review the grievance and the answer and, if it desires advise in writing the Superintendent of grievance its desire to proceed to binding arbitration by an outside arbitrator in Level Two, or if facilitation has been requested, within (15) school days following either accordance with the facilitation meeting or the Board’s rejection Rules of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the BoardAmerican Arbitration Association. Within five (5) days following after receipt of the grievant's request for arbitration by the TreasurerSuperintendent, representatives of the Board and the Association shall meet to select an arbitrator. If they are unable to agree on an arbitrator, the Board or its designated representative and the grievant or his designated representative parties shall mutually jointly petition the American Arbitration Association ("AAA") to provide both parties with for a list of seven (7) names. Within five (5) days following receipt of the list of names from which the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other partystrike method. When six (6) names have been stricken from the list, the remaining name Either party shall be the arbitrator. The first party entitled to strike request a name from the list shall be decided by the flip of a coinsecond list. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, The arbitrator shall have authority to consider only a single grievance or several grievances involving a common question of interpretation or application. The only alleged contract violations which may be considered by the Arbitrator are violations specifically and only expressly referenced by citation to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term Article and Section of this Agreement, Agreement in the written grievance. The arbitrator shall hold the necessary hearing within thirty (30) calendar days or such time as may be agreed upon. Decisions shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on both partiesthe Board, the administration, the Association and the grievant(s). The cost arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Contract, nor add to, detract from or modify the language therein in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issues(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall in no way interfere with management prerogatives involving the Board's discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, and rules and regulations having the force and effect of law. Costs for services of the arbitrator, including per diem expenses, if any, and necessary travel and subsistence expenses, shall be fully paid borne one-half (1/2) by the losing party, which shall be so determined party and one-half by the arbitrator winning party. Unless a Memorandum of Understanding or other settlement document provides otherwise, the party who cancels a scheduled arbitration hearing shall bear the entire fee, if any, for the cancellation. It is the mutual desire of the SEA and the Board of Education to avoid unnecessary expenditures in his/her written reportthe arbitration process. Accordingly hearing(s) will be held alternately at the OEA office or the Shawnee Board of Education facilities.

Level Four. If the aggrieved person grievance is not satisfied with resolved to the disposition satisfaction of the grievant or the Association after the procedures set forth above have been exhausted, the School District or the Association may, as the case may be, submit the grievance to arbitration within thirty (30) days from the date the final decision of Level Three of the grievance at Level Two procedure was due. The party wishing to refer the matter to arbitration shall so notify the other party in writing stipulating the matter to be arbitrated and either 1) requesting arbitration. The arbitration shall be conducted by an arbitrator to be selected by the Board School District and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievance, the Association, at as the grievant's requestcase may be, may request a hearing before an arbitrator. The request for arbitration shall be made if they can mutually agree upon selection within fifteen (15) school days following receipt of the disposition of grievance in Level Two, or if facilitation after notice has been requestedgiven. If the parties are unable to select an arbitrator who is mutually acceptable, within (15) school days following then the grievance may be submitted by either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for party to arbitration shall be by certified mail in accordance with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his designated representative shall mutually petition the American Arbitration Association ("AAA") Association’s current rules. Either party shall have the right to provide both parties with have a list of seven (7) names. Within five (5) days following receipt transcript made of the list of names from proceedings, in which case the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she transcript shall be selected designated by the alternate striking parties as the official record of names from the American Arbitration Association list by first one party, then proceedings. Both parties shall share the other party. When six (6) names have been stricken from expense of providing a copy of the list, the remaining name shall be transcript to the arbitrator. The first party to strike a name from the list shall be decided by the flip decision of a coin. Once the arbitrator has been selected, he/she shall should be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only limited to the extent thatspecific point or points of difference submitted to them. The arbitrator shall have no power to add or subtract from, the decision is limited to determining that there has been a violation, misinterpretationmodify, or misapplication of a specific term amend any provisions of this Agreement, the . The decision of the arbitrator shall be final and binding on upon both partiesparties and shall be specifically enforceable against either party. The arbitrator shall not render a decision contrary to state or federal law. The arbitrator shall hold hearings promptly and, unless the time shall be extended by mutual written agreement, shall be requested to issue the decision not later than thirty (30) days from the date of the hearing or from the date of the submission of final briefs, whichever is later. The cost of the arbitrator any arbitration proceedings and reasonable expenses incurred therewith shall be fully paid by divided equally between the losing party, which shall School District and the Association. Grievances may be so determined by the arbitrator in his/her written reportsettled without precedent at any stage of this procedure.

Level Four. Arbitration If the aggrieved person is not satisfied with the disposition of the his/her grievance at Level Two and either 1Three, he/she may within twenty (20) school days after the decision by the Board request in writing that the Association submit his/her grievance to arbitration. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association have not agreed shall attempt to agree upon facilitation at Level Threea 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 the specified period, or 2) facilitation at Level Three has been completed but has not resulted in resolution a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the grievance, Public Employment Relations Commission in the Association, at the grievant's request, may request a hearing before selection of an arbitrator. The request for arbitration arbitrator so selected shall confer with the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of 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 made within fifteen (15) school days following receipt in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall 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 disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his designated representative shall mutually petition the American Arbitration Association ("AAA") to provide both parties with a list of seven (7) names. Within five (5) days following receipt of the list of names from the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other party. When six (6) names have been stricken from the list, the remaining name shall be the arbitrator. The first party to strike a name from the list shall be decided by the flip of a coin. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term terms of this Agreement, the . The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding on both partieswith reference to grievances concerning the alleged misapplication, misinterpretation or violation of the Agreement commencing July 1, 2001. Advisory arbitration shall continue to be the final step for all other grievances of Board policy and administrative decisions. The cost 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 by the party whom the arbitrator ruled against. If a consent award is agreed to by the parties, costs shall be split. If the complaint is settled, costs shall be split. If the parties disagree as to whom shall pay, the arbitrator shall be fully paid by have authority to assess costs. Any grievance not answered within the losing partyprescribed time limits, which at the level of the Superintendent, or the Board of Education, shall be so determined by the arbitrator in his/her written reportsustained.

Level Four. If SAAAAC finds the aggrieved person is Superintendent’s or designee’s decision not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Threeacceptable, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievance, the Association, at the grievant's request, may request a hearing before an arbitrator. The request for arbitration it shall be made within fifteen (15) school duty days following receipt notify the Board whether or not the grievance is to be submitted to arbitration. If the representatives of the disposition parties cannot agree upon and acquire the services of grievance in Level Twoan Impartial Hearing Officer, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation both parties shall promptly request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board or its designated representative and the grievant or his designated representative shall mutually petition the American Arbitration Association to submit to each party a list of persons skilled in arbitration of educational matters. Within seven ("AAA"7) days each party shall cross off any names to provide which it objects, number the remaining names in order of preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the American Arbitration Association shall invite the acceptance of an arbitrator. If either of the parties with fails to accept any of the persons named, or if those named decline or are unable to act, or if for any other reason an appointment cannot be made from such a list of names, a second list of seven (7) names. Within five (5) days following receipt of the list of names from the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to select the arbitrator. If an arbitrator cannot be mutually agreed to, he/she shall be selected by the alternate striking of requested. The parties shall strike names from the American Arbitration Association list by first alternately until only one party, then the other partyname remains. When six (6) names have been stricken from the list, the remaining name That person shall be designated the arbitrator. The first party to strike a name from arbitrator shall meet with the list shall Superintendent or designee and the grievant and the grievant’s representative(s) either separately or together. The format, dates and times of such meetings will be decided arranged by the flip of a coinarbitrator and will be conducted in closed sessions. Once the arbitrator has been selected, he/she shall be immediately notified, The jurisdiction and he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, the decision authority of the arbitrator shall be binding on both partiesconfined to the express provision or provisions of this Agreement at issue between the SAAAAC and the Board of Education of Xxxx Arundel County. The cost arbitrator shall have no authority to add to, alter, detract from, amend or modify any provisions of this Agreement or to make any award which will in any way deprive the Board or the Superintendent of any of the powers delegated to them by law or State Board Bylaw, and not encompassed in this Agreement. The provisions of the Agreement are arbitrable, while the powers of the Superintendent and the Board beyond this Agreement are not. The arbitrator shall not have the authority to consolidate separate grievances for a single hearing without mutual consent of the Board and SAAAAC. The findings and recommendations of the arbitrator shall be fully paid transmitted to the Board of Education within 30 calendar days after the conclusion of the hearing. On the date of its next regular meeting, the Board shall render a final decision in this matter. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the losing party, which Board and SAAAAC. Witnesses necessary to the full and proper presentation of a case at their level shall be so determined provided release time without pay by the arbitrator in his/her written reportBoard.

Level Four. If the aggrieved person is not satisfied The Association, if dissatisfied with the disposition of decision at the board's level or if no decision is rendered within the required time period, may appeal the grievance to arbitration within ten (10) calendar days. Only the Association may carry the grievance procedure to Level Four and only the specific grievance as filed at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the grievance, the Association, at the grievant's request, One may request a hearing before an arbitrator. The request for arbitration shall be made within fifteen (15) school days following receipt of the disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested submitted to the Treasurer of the Boardarbitration. Within five (5) days following of receipt of the grievant's request for arbitration by the Treasurerappeal, the Board superintendent or its designated representative his/her designee and the grievant or his designated representative Association shall attempt to select a mutually petition acceptable arbitrator. If this is not done, the American Arbitration Association parties shall, on the sixth ("AAA"6th) day, initiate a request to provide both parties with the Employment Relations Board (XXX) for a list of seven (7) names. Within five (5) days following receipt arbitrators who reside in the state of Oregon. The party to strike the list of names from the AAA, the Board or its designated representative first name shall be determined by a coin flip and the grievant or his designated representative losing party shall attempt to select the arbitratorstrike one name. If an arbitrator cannot This process will be mutually agreed to, he/she shall be selected by the alternate striking of names from the American Arbitration Association list by first repeated. The one party, then the other party. When six (6) names have been stricken from the list, the remaining name shall be the arbitrator. The first party to strike a name from the list hearing shall be decided conducted in a manner agreed to by the flip of a coin. Once the arbitrator has been selectedparties or, he/she shall be immediately notifiedfailing such agreement, and he/she shall conduct a hearing on the grievance in accordance with as determined by the rules and regulations of the American Arbitration AssociationAssociation in effect at that time. IfThe arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, and only to the extent thatmay not add to, the decision is limited to determining that there has been a violationsubtract from, misinterpretation, modify or misapplication of a specific term amend any terms of this Agreement, . The arbitrator shall have no power to substitute his discretion for that of the board in any manner not specifically contracted away by the board. A decision or award of the arbitrator shall shall, within the scope of the arbitrator's authority, be final and binding on both parties. The cost In case of a grievance involving any continuing or other money claim against the arbitrator District, no award shall be fully paid by the losing party, which shall be so determined made by the arbitrator in his/her written reportwhich shall allow any alleged accruals for more than one (1) year prior to the date when such grievance shall have first been presented to the immediate supervisor or principal. Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties. However, each party shall be completely responsible for all costs of preparing and presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such record and provide a copy to the other party at the cost of reproduction only.