Level IV Sample Clauses

Level IV a. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she may file the grievance within five (5) days of the Level III response for transmittal to the Board. b. The Board will hear the grievance at its next regularly scheduled meeting or a special meeting which has been called for that purpose. The Board shall transmit its written decision to the grievant within five (5) days of the meeting. The decision of the Board shall be final. Nothing in this section shall be construed so as to deny a grievant any appeal rights available under the law.

Level IV. If the Utilization Level is greater than or equal to 75% but less than 90%.

Level IV. In the event the grievance is not satisfactorily adjusted at Level III, only the Association may submit a request, in writing, to the Superintendent or designee that the grievance be submitted to arbitration. The request shall be made within ten (10) days of the receipt of the response at Level III or the failure of the Superintendent or designee to timely respond. The Superintendent or designee and the Association shall attempt to select a mutually acceptable arbitrator. If the Superintendent or designee and the Association are unable to agree upon an arbitrator, the parties shall request a list of arbitrators from the State Mediation and Conciliation Service. The selection of the arbitrator from the list shall be made by the alternate striking method. 8.3.4.1 In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a recommended decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by discussions with the parties and by referring to the written grievance and the answers thereto at each step. 8.3.4.2 If any question arises regarding the arbitrability of a grievance, the arbitrator shall make a determination on this issue prior to hearing the merits of the grievance, unless the arbitrator determines otherwise. 8.3.4.3 After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit his/her written recommended findings. 8.3.4.4 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision on issue(s) not before the arbitrator, or on facts not supported by the evidence. 8.3.4.5 The fees and expenses of the arbitrator shall be borne equally by the Employer and the Association. 8.3.4.6 The County Superintendent shall accept or reject the arbitrator's recommendations within ten (10) days of the arbitrator's submission of his/her findings of fact and conclusions to the Superintendent or designee and the Association. The decision of the Superintendent shall be final and binding, subject to established right of judicial review.

Level IV. If the grievant is not satisfied with the decision at Level III, the employee may, within ten (10) days, appeal the decision to the Superintendent. This written appeal statement shall include a copy of the original grievance the appeals and the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. 19.4.3.1 The Superintendent or designee shall communicate a decision in writing within five (5) days. If the Superintendent or designee does not respond within the time limits provided, the grievant may appeal to the next level.

Level IV. Arbitration 1. Where the grievant and Faculty Association wish to proceed to arbitration, a request shall be made to the Director of Human Resources within ten (10) days of receipt of the Chancellor’s, or designee’s, decision or of the date the decision should have been received. Should the Faculty Association and the District be unable to mutually agree on the selection of an arbitrator: a. Within five (5) days, the Human Resources Office shall request a list of seven (7) arbitrators from the State Mediation and Conciliation Service. b. Within ten (10) days after receipt of the list, a representative of the District and a representative of Faculty Association shall alternately strike names from the list until only one name remains. 2. Upon selection of the arbitrator, the Human Resources office shall contact the selected arbitrator to schedule a hearing at the earliest convenience of the arbitrator and the parties. 3. Arbitrator expenses, including any per diem fees, actual and necessary travel and subsistence expense, and other fees and expenses shall be paid equally by the District and the Faculty Association. 4. If either party so requests, the arbitrator shall specifically rule upon the appropriateness of arbitration of contested issues prior to the hearing on the merits of the grievance. If the parties cannot agree upon a statement of the issues to be arbitrated, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 5. The arbitrator may render a decision only regarding the interpretation of the provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the administration to perform an illegal act. 6. After a hearing and after both parties have had an opportunity to make written or oral arguments, the arbitrator shall submit, in writing, to all parties, his or her findings and award. The award of the arbitrator shall be binding on the Board of Trustees unless a court of competent jurisdiction directs otherwise.

Level IV. Within three (3) working days after receiving the written decision at Level III, the employee may appeal the written decision to the Board of Education. The President of the Board of Education will then determine whether the Board’s Executive Committee or the full Board of Education will meet with the employee to discuss the complaint.

Level IV. If the aggrieved employee is not satisfied with the disposition of the grievance at Level III or if no written decision has been rendered within the time period set forth in the preceding paragraph, he or she may, within ten (10) days after receipt of the written decision of the Board, or within ten (10) days of the date the decision is due, whichever is earlier, appeal to the Department of Labor pursuant to SDCL 3-18-15.

Level IV. If the Association proceeds to arbitration, it shall notify the District in writing within thirty (30) days of receipt of the District’s decision at Level III. Within ten (10) days such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a demand to arbitrate with the State Mediation and Conciliation Service. The Association shall request that the State Mediation and Conciliation Service submit a list of seven (7) names of persons experienced in hearing grievances in public schools/colleges. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator.

Level IV. Either the grievant or the responding party may appeal the advisory award of the arbitrator to the Board of Trustees within ten (10) working days after the receipt of such advisory award. 17.6.1 The Board of Trustees shall render its decision within twenty (20) working days after receipt of the appeal at this level, or twenty (20) working days after receipt of the transcript of the arbitration hearing, whichever comes later. The decision of the Board of Trustees shall be final and binding on all parties, except that no rights of the grievant to further legal action shall be abrogated.

Level IV a. If the grievant is still not satisfied with the decision at Level III, a request for arbitration may be made to the Federation within five (5) days after receiving the decision from Level