Common use of Level Four Clause in Contracts

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. a. If Within thirty (30) calendar days of the Association is not satisfied with receipt of the Level Three disposition decision, the Association may, upon written notice to the Superintendent, submit the grievance to advisory arbitration. Within ten (10) working days after receipt of the grievance by the Board, or if no disposition has been made within the period above provideddemand for arbitration, the grievance mayparties shall mutually request from the Federal Mediation and Conciliation Service (FMCS), a list of seven (7) arbitrators. The parties shall set a meeting at a mutually agreeable time after receiving the option list of the Association, be submitted arbitrators and attempt to arbitration. b. agree on one (1) arbitrator. If the parties cannot agree upon an arbitrator, they shall select an arbitrator within seven by alternately striking names from the list, with the Association striking the first name. The last name remaining on the list shall be the arbitrator. If the arbitrator chosen is unable to serve, the parties shall request a new list from the FMCS and repeat the selection process as described above. There shall be 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 (714) 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 parties, the arbitrator shall resolve the matter by defining the issue(s), which will be dealt with at the hearing. Only the issues raised during the grievance procedure will be considered at said pre-arbitration meeting. The fees and expenses of the arbitrator shall be shared equally by the Association and the Board, and all other expenses shall be borne by the party incurring them. The arbitrator shall hold a hearing as soon as possible. Within thirty (30) calendar days of the date on which the Board of Education’s decision was due and record is closed by the Association still desires arbitrator, said arbitrator shall submit to proceed to arbitrationboth parties his/her recommendation, the Association must file a demand for arbitration with the American Arbitration Association within thirty (30) calendar days from the date which shall be advisory only. Said advisory recommendation of the Board arbitrator shall be in writing and shall be signed by the arbitrator. In the event either party raises a threshold question of Education’s decision or the due date of the Board of Education’s decision. If a timely demand for arbitration is filedarbitrability, the arbitrator shall be selected first rule on the arbitrability of the grievance. With such ruling by the American Arbitration Association in accordance with its rules which shall likewise govern arbitrator that the arbitration proceedings. If a demand for arbitration grievance is not filed in a timely fashionarbitrable, the grievance shall be deemed to be settled on resolved by the basis of the last response given. c. The Board and the Association answer rendered at Level Two. Neither party shall not be permitted to assert in such arbitration proceeding any ground grounds or to reply on any evidence before the arbitrator, which was not previously disclosed to the other party. d. . The arbitrator shall have no be without power to: • add toor authority to alter, subtract fromamend, disregard, alter 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, • establish wage schedules or change any wage rate, • award monetary relief where . The arbitrator’s powers shall be limited to advising on whether there has been no loss a violation of any article or reduction in wagessection of this contract or Board policy, • interpret state or federal law except as may be necessary to determine whether and providing 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 rationale for his/her judgment for that of the Board regarding the reasonableness of any such practice, policy, rule or any action taken by the Boardrecommendation. 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. a. (Arbitration) 1. If the Association grievance is not satisfied with the settled at Level Three disposition of and the UEP determines the grievance by the Boardis meritorious, 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. it may file for Arbitration. If the parties cannot agree upon an arbitrator within seven (7) calendar days of UEP files for Arbitration, it shall notify 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 Committee within thirty (30) calendar days of the decision at Level Three. The filing of a written demand for Arbitration with the AAA shall be the method of notifying the COMMITTEE of the UEP'S intent to appeal. The date postmarked on the envelope containing the AAA demand shall be deemed the date of filing. 2. The arbitrator so selected will confer with representatives of the School Committee and the UEP and hold hearings promptly, and will issue his decision not later than twenty (20) days from the date of the Board of Education’s decision or the due date close of the Board hearings; or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him. The arbitrator's decision will be in writing and will set forth his findings of Education’s decision. If a timely demand for arbitration is filedfact, 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 fashionreasoning, the grievance shall be deemed to be settled and conclusions on the basis issues submitted. The arbitrator will be without power or authority to make any decision that requires the commission of an act prohibited by law, or that is violative 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 . The arbitrator shall be without power 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 authority to determine whether a grievance is arbitrable, • award interest or punitive damages, • award relief retroactive extend beyond the date submission agreement, or to add to, delete from, modify or alter the grievance was filed, • change any practice, policy or rule terms 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. this agreement. 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 submitted to the School Committee and to the UEP and shall be final and binding. 3. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the loserSchool Committee and the UEP provided, however, a party who cancels or postpones a hearing without the required notice to the AAA or the Arbitrator shall pay the full cost of any fees of the AAA and/or the Arbitrator. 4. The Association shall be deemed If the COMMITTEE claims the UEP has violated any provisions of Article IV, the No Strike Clause, it may present such claim to be the loser UEP, in writing, and if the relief sought by parties fail to settle the Association is not awardedmatter within ten (10) calendar days, the COMMITTEE may submit the dispute to arbitration under the provisions of Level Four of this Article.

Level Four. a. a) If the Association is not satisfied with the Level Three disposition of the grievance by the Board, Assistant Superintendent for Human Resources & Secondary Curriculum 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. b) If the parties cannot agree upon an arbitrator within seven (7) calendar days of as to the date the Board of Education’s decision was due and the Association still desires to proceed to arbitrationarbitrator, 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 he/she shall be selected by the American Arbitration Association in accordance accord with its rules rules, which shall likewise govern the arbitration proceedings. If . c) The right to demand arbitration over an unadjusted grievance is limited to a demand for arbitration is not filed period of thirty (30) calendar days from the final action taken on such grievance under the last step in a timely fashion, the grievance procedure immediately prior to arbitration and any grievance not submitted within such period shall be deemed to be settled on the basis of the last response answer given. c. d) The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to reply rely on any evidence not previously disclosed to the other party. d. e) The arbitrator shall have no limit his/her decision strictly to the interpretation, application or enforcement of the provision of this Agreement, and he/she shall be without power toand authority to make any decision: • add (1) contrary to, subtract frominconsistent with, disregardor modifying or varying in any way, alter or modify any the terms of this Agreement, • establish wage schedules ; or change (2) granting any wage rate, • award monetary right or relief where there has been no loss or reduction in wages, • interpret state or federal law except as may be necessary for any period of time whatsoever prior 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 execution of this Agreement. f) The decision 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 Boardarbitrator in a case shall not require a retroactive wage adjustment in another case. e. g) The arbitrator’s 's decision shall be final and binding on the Association, all employees covered by this Agreement, and on the Board. f. h) 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. i) The expenses of the arbitrator shall be paid by the loserlosing party. The Association arbitrator shall be deemed to be the loser if the relief sought by the Association is not awardedassess costs in each case in accordance with this principle.

Level Four. a. If the Association aggrieved party is not satisfied with the Board’s response (or the Level Three disposition of Two response if the Board elects to not hear the grievance by appeal), and if the grievance is a contract grievance, the Association shall have the right to have the matter submitted to binding arbitration. A written notice of submission to binding arbitration on the adopted grievance form shall be forwarded to the Superintendent’s office no later than 10 days after the aggrieved has received the Board, ’s decision or if no disposition notice that the Board will not hear the contract grievance. In the event the aggrieved party has been made not received a response 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 five days of the date the Board of Education’s decision was due and the Association still desires to proceed to arbitrationmeeting specified in Level Three above, the Association must file a demand for arbitration with the American Arbitration Association within thirty (30) calendar shall have 15 days from the date of the Board meeting in which to provide the notice of Education’s decision or submission to arbitration. The parties shall have 10 days from the due date of District receipt of written notification from the Board Association of Education’s decisionits desire to arbitrate the grievance, to meet or confer in an effort designate a mutually agreeable arbitrator, and obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a timely demand for arbitration is filedcommitment within the 10-day period, the association and the District shall select and arbitrator by alternately striking names from a list of seven arbitrators provided by the Employment Relations Board. The party to strike the first name shall be determined by lot. The parties shall jointly notify the arbitrator of their selection. The arbitrator so selected by the American Arbitration Association in accordance shall confer 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 representatives of the last response given. c. The Board and the Association and hold hearings. They shall not issue their decision no later than 20 days from the date of the close of the hearing. The arbitrator’s decision shall be permitted in writing, and shall set forth their findings of fact, reasoning and conclusions on the issue submitted. The arbitrator shall be without power or authority to assert in such arbitration proceeding make any ground decision that requires the modification of any terms or to reply on any evidence not previously disclosed to the other party. d. conditions of this Agreement. 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 their discretion for that of the Board regarding in any manner not specifically and expressly provided for herein. The decision of the reasonableness of any such practice, policy, rule or any action taken by arbitrator shall be submitted to the Board. e. The arbitrator’s decision Board and the Association and shall be final and binding on the Association, all employees covered by this Agreement, and on the Boardparties. 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. a. Arbitration If the Association aggrieved person is not satisfied with the Level Three disposition of his/her grievance at Level Three, he/she may within twenty (20) school days after the grievance decision by the Board, or if no disposition has been made within Board request in writing that the period above providedAssociation submit his/her grievance to arbitration. Within ten (10) school days after such written notice of submission to arbitration, the grievance may, at Board and the option of the Association, be submitted Association shall attempt to arbitration. b. agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties cannot are unable to agree upon an arbitrator or to obtain such a commitment within seven (7) calendar days the specified period, a request for a list of the date the Board of Education’s decision was due and the Association still desires arbitrators may be made to proceed to arbitration, the Association must file a demand for arbitration with the American Arbitration Association within thirty by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator. The 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 (3020) calendar days from the date of the Board close of Education’s decision or the due date of the Board of Education’s decision. If a timely demand for arbitration is filedhearings or, 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 fashionif oral hearings have been waived, 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 then from the date the grievance was filed, • change any practice, policy or rule of final statements and proofs on the Board nor issues are submitted to substitute hishim/her judgment for that of the Board regarding the reasonableness of any such practice, policy, rule or any action taken by the Board. e. her. The arbitrator’s decision shall be final in writing and binding shall set forth his/her findings of fact, reasoning and conclusions on the Associationissues submitted. The arbitrator shall be without power or authority to make any decision, all employees covered which requires the commission of an act prohibited by law or which is violative of the terms of 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 . The decision or recommendation on the merits of the case. g. The expenses of the arbitrator shall be submitted to the Board and the Association and shall be binding with 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, 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 Board and the Association. Any other expenses incurred shall be paid by the loser. The Association shall be deemed to be party incurring the loser if the relief sought by the Association is not awardedsame.

Level Four. (Arbitration) a. If the Association grievance is not satisfied with the settled at Level Three disposition of and the FEDERATION determines the grievance by the Boardis meritorious, 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. it may file for Arbitration. If the parties cannot agree upon an arbitrator within seven (7) calendar days of FEDERATION files for Arbitration, it shall notify 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 Committee within thirty (30) calendar days of the decision at Level Three. The filing of a written demand for Arbitration with the AAA shall be the method of notifying the COMMITTEE of the FEDERATION'S intent to appeal. The date postmarked on the envelope containing the AAA demand shall be deemed the date of filing. b. The arbitrator so selected will confer with representatives of the School Committee and the FEDERATION and hold hearings promptly, and will issue his decision not later than twenty (20) days from the date of the Board of Education’s decision or the due date close of the Board hearings; or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him. The arbitrator's decision will be in writing and will set forth his findings of Education’s decision. If a timely demand for arbitration is filedfact, 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 reasoning and conclusions on the basis 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 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 . The arbitrator shall be without power 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 authority to determine whether a grievance is arbitrable, • award interest or punitive damages, • award relief retroactive extend beyond the date submission agreement, or to add to, delete from, modify or alter the grievance was filed, • change any practice, policy or rule terms 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. this agreement. 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 submitted to the School Committee and to the FEDERATION and shall be final and binding. c. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the loser. The Association School Committee and the FEDERATION provided, however, a party who cancels or postpones a hearing without the required notice to the AAA or the Arbitrator shall be deemed pay the full cost of any fees of the AAA and/or the Arbitrator. d. If the COMMITTEE claims the FEDERATION has violated any provisions of Article XIII, the No Strike Clause, it may present such claim to be the loser FEDERATION, in writing, and if the relief sought by parties fail to settle the Association is not awardedmatter within ten (10) calendar days, the COMMITTEE may submit the dispute to arbitration under the provisions of Level Four of this Article.