Common use of Level Four Clause in Contracts

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.

Appears in 10 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Level Four. a. If the aggrieved person Association is not satisfied with the disposition of his/her the grievance alleging a violation of a term or condition of this Agreement at Level Three, he/she the Association may within five duty days fifteen (15) workdays after a receiving written notification of the decision by the superintendent Board or the Board Committee, as the case may be, or forty-six (46) workdays after the request in writing for the hearing, notify the Board that the Association submit his/her grievance is being submitted to arbitration. b. Within ten (10) workdays after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the grievance is not submitted parties are unable to arbitration agree upon an arbitrator or to obtain such a commitment 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 agreespecified period, a request for a list of arbitrators may be made to the American Arbitration Association PERC by either party. The parties will shall then be bound by the rules and procedures of the American Arbitration AssociationAssociation or PERC in the selection of an arbitrator. The arbitrator shall limit him/herself to issues submitted to him/her and shall consider nothing else. She/he can add nothing to nor subtract anything from this agreement. d. c. The arbitrator so selected will shall confer with the representatives of the superintendent Board and the Association and hold hearings promptly and will shall issue his/her decision not later than 10 days twenty (20) workdays from the date of the close of hearings, the hearings or, if oral hearings have been waived, then from the date the of final statements and proofs on the issues are submitted to him/her. The arbitrator's recommendations will decision shall be in writing and will shall set forth his/her findings of fact, reasoning, reasoning and conclusions on the issues submitted. The arbitrator will shall be without power or authority to make any recommendation beyond decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The recommendation decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding upon on both parties. e. d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and travel, subsistence expenses, expenses and the cost of any the hearing room, will room shall be borne equally by the Board and the Association. All Any other expenses will incurred shall be paid by the party incurring themsame.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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 arbitrationarbitration . 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.ARTiCLE gRiEvANCE pROCEduRE ARTiCLE b. The parties shall agree to a standing list of arbitrators arbi- trators who are mutually acceptable and who agree to be readily availableavailable . Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the partiesparties . 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 partyparty . The parties will then be bound by the rules and procedures of the American Arbitration AssociationAssociation . 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/herher . The arbitrator's ’s recommendations will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submittedsubmitted . The arbitrator will be without authority withoutauthority to make any recommendation beyond the beyondthe terms of this AgreementAgreement . The recommendation of the arbitrator shall be binding upon both partiesparties . e. The costs for the services of the arbitrator, including in- cluding 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 AssociationBoardandthe Association . All other expenses will be paid by paidby the party incurring themthem . 1. No reprisals of any kind shall be taken by any party to this Agreement against any party in interest or any grievant . 2. All documents, communications, andrecords dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants . 3. All decisions rendered at all levels of the grievance procedure will be in writing, setting forth the de- cision and the reasons therefore, and will be trans- mitted promptly to all parties in interest and to the Association . 4. The grievant shall be permitted to present evidence and witnesses and to cross-examine all witnesses whenever a hearing is held . When a unit member is not represented by the Association, the Association will have the right to be present and to state its views at all stages of the grievance procedure .

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Level Four. 1. No claim by an employee shall constitute a grievable matter beyond Level Three or be processed beyond Level Three if it pertains to: a. Any matter for which a method of review is prescribed by law or any rule or regulation of the State Commissioner of Education or any matter which according to law is either beyond the scope of Board authority or limited to action of the Board alone. b. A complaint of a non-tenured employee which arises by reason of not being re- employed. c. A complaint by any certificated employee occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which tenure is either not possible or not required. 2. If the aggrieved person employee is not satisfied dissatisfied with the disposition decision of his/her the Superintendent and if the grievance at pertains to a violation of this Agreement between the Board and the Association, the employee or the Association may request the appointment of an arbitrator, such request to be made known to the Superintendent no later than 10 working days after the decision, in writing to the Superintendent. 3. An employee, in order to process the grievance beyond Level Three, he/she may within five duty must have the request for such action accompanied by the written recommendation for such action by the Association. 4. Within ten calendar days after a decision by such written notice of submission to arbitration, the superintendent request in writing that Superintendent and the Association submit his/her grievance shall attempt to arbitrationagree upon a mutually acceptable arbitrator. If The following procedure will be used to secure the grievance is not submitted to arbitration within the above-stated time limit, the grievance services of an arbitrator. a. A joint request shall be deemed made to be waived and shall not be subject the Public Employment Relations Commission to further discussion or appeal. If any question arises submit a roster of persons qualified to function as to whether a grievance involves an arbitrator in 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 casedispute in question. b. The If the parties shall are unable to agree upon a mutually satisfactory arbitrator from the list submitted, they will request the Public Employment Relations Commission to submit 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 partiessecond list. 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 the parties are unable to agree, a within ten calendar days of the initial request for arbitration, upon a list of arbitrators mutually satisfactory arbitrator from the second submitted list, the Public Employment Relations Commission may be made to the American Arbitration Association requested 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 party to him/her. The designate an 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 shall be without authority limited to make the issues submitted and shall consider nothing else. The arbitrator can add nothing to, nor subtract anything from, the Agreement between the parties or any recommendation beyond policy of the terms Board of this AgreementEducation. The recommendation of the arbitrator shall be binding upon on both parties. e. The costs for . Only the services Board, the employee, the employee’s representative, the Association and the immediate supervisor shall receive copies of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and ’s report. This shall be accomplished within fifteen (15) working days of the cost completion of any hearing room, will be borne equally by the Board and the Association. All other expenses will be paid by the party incurring themarbitration hearings.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Level Four. a. If the aggrieved person Association is not satisfied with the written disposition of his/her their grievance at Level Three, he/she the Association may request arbitration within five ten (10) duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitrationor their designee was received or due. 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 Within ten (10) duty days following the date that notice of intent to arbitrate is filed, the parties shall agree to a standing list of arbitrators who are will select an arbitrator that is 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 partiesagreeable. c. If agreement on selection of a panel arbitrator cannot be reached, then 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 their 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/herthem. The arbitrator's ’s recommendations will be in writing and will set forth his/her their 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Level Four. a. 1. Only the Association has the right to appeal a grievance to Level Four. If the aggrieved person Association is not satisfied with the disposition of his/her the grievance at Xxxxx 0, the grievance may, at the option of the Association, be submitted to arbitration by written demand for arbitration submitted to the Board within twenty (20) work days of the Superintendent’s disposition at Level Three3. An individual employee shall not have the right to process a grievance to arbitration. 2. If the parties cannot agree as to the Arbitrator, 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 selected 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 partyin accordance with its rules, which shall likewise govern the hearing. 3. The Arbitrator’s decision shall be final and binding on both parties will then be bound by the rules and procedures of the American Arbitration Associationto this Agreement. d. 4. The arbitrator so selected will confer with the representatives of the superintendent Board and the Association shall not be permitted to assert in such arbitration proceeding any grounds or to rely on any evidence not previously disclosed to the other party prior to ten (10) work days before the arbitration hearing. 5. The fees and hold hearings promptly expenses of the Arbitrator shall be shared equally by the Association and will issue his/her Board. 6. The Arbitrator shall render a decision in writing not later than 10 thirty (30) calendar days from the date of the close conclusion of hearings, or, if oral hearings have been waived, from the date arbitration hearing unless otherwise mutually agreed upon between the final statements and proofs are submitted parties to him/herthis Agreement. 7. The arbitrator's recommendations will be in writing and will set forth his/her findings Arbitrator shall not have jurisdiction to subtract from or modify any 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 or any written amendments hereto, or to specify the terms of a new Agreement, or to substitute the Arbitrator’s discretion for that of the parties hereto. 8. The recommendation of Arbitrator, the arbitrator shall be binding upon both partiesAssociation or the Board may call any relevant person as a witness in any arbitration hearing. e. 9. The costs Association shall reimburse the Board for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of a substitute for its witnesses, should any hearing roombe hired, will so that regularly employed unit members may be borne equally released from normal responsibilities. 10. The following matters shall not be arbitrable: (a) The termination of employment of a probationary employee (b) S/he shall have no power to decide claims for which there is another remedial procedure or forum established by law or by regulation having the Board and force of law. 11. The arbitrator shall have no power to require back pay for more than ten (10) days prior to the Associationdate a written grievance is filed. All other expenses will The arbitrator shall have no authority to award damages beyond the amount of the wages that the employee would otherwise have earned. Any back pay award shall be paid reduced by the party incurring themany compensation received by an employee from any sources, including unemployment compensation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 arbitrationarbitra- tion. If the grievance is not submitted to arbitration arbitra- tion within the above-stated time limit, the grievance griev- ance 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 hear- ing the case. b. The parties shall agree to a standing list of arbitrators arbi- trators 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 cancan- not be reached, then within 10 within10 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 rep- resentatives of the superintendent and the Association Asso- ciation 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 state- ments and proofs are submitted to him/her. The arbitrator's ’s recommendations will be in writing and will set forth his/her findings of fact, reasoningreason- ing, 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 arbitra- tor shall be binding upon both parties. e. The costs for the services of the arbitrator, including includ- ing per diem expenses, if any, and actual and necessary nec- xxxxxx 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. F VOLUNTARY PRE-ARBITRATION MEDIATION Either party may request grievance mediation when a case is appealed to arbitration. If both parties agree, the Federal Mediation and Conciliation Service’s Grievance Mediation Program may be used. If the mediation does not result in a mutually satisfactory resolution, the case may proceed to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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