LEVEL ONE AND LEVEL TWO Sample Clauses

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LEVEL ONE AND LEVEL TWO. AspenTech will provide Level One and Level Two services to licensed End Users.

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Related to LEVEL ONE AND LEVEL TWO

• Level Two An employee who is required to deliver medication to residents in residential aged care facilities: • previously defined as Nursing Homes (as at 31 December 2004) by the Nursing Homes Act 1988 (NSW); or • in which more than 80% of places are “allocated high care places” as defined in the Aged Care Act 1997 (Cth). An employee at this level must hold the following qualifications, which may be varied from time to time by the relevant National Vocational, Education and Training Body: • a Certificate III in Aged Care Work (CHC30102); and • a Certificate IV in Aged Care Work (CHC40102); and • medication module – “Provide Physical Assistance with Medication” (CHCCS303A); or Hold other appropriate qualifications acceptable to the employer. Employees at this level may be required to perform the duties of a CSE 4 - Level 1.

• Level One A teacher believing themselves wrong by an alleged violation of the express provisions of this contract shall within seven (7) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association. 1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules. 2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance. 3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect. 4. Powers of the arbitrator are subject to the following limitations: a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement; b. The arbitrator shall have no power to establish salary scales or to change any salary; c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board; d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement; e. The arbitrator shall have no power to interpret state or federal law; f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure. 5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent. 6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits. 7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature. 8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.

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

• Level II In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall meet regarding the grievance within fifteen (15) days after receipt of the appeal. Within ten (10) days after the meeting, the Superintendent or his/her designee shall issue a decision, in writing, to the parties involved.

• Level I If the grievance is not resolved through informal discussions, the School District designee shall give a written decision on the grievance to the parties involved within ten (10) days after receipt of the written grievance.

• 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 1 If an Employee wishes to submit a grievance, he/she shall first discuss the complaint with his/her immediate supervisor. The Grievance Committee representative and one administrator may also be present. This discussion must occur within ten (10) days of the event causing the complaint.

• Long Term Cost Evaluation Criterion # 4 READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not i ncrease your catalog prices (as defined herein) more than X% annually over the previous year for years two and thr ee and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIP S, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentati on, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from th e “Attachments” section, complete according to the instructions on the form, then uploading the completed form, wit h any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they ma y apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@t xxx-xxx.xxx

• Level 4 If the Employee is not satisfied with the response of the Assistant Superintendent for Administrative Services, the Employee may submit the grievance to the Superintendent within ten (10) days of the receipt of the response to Level 3. The Superintendent shall sign and date all copies when he/she receives them. The Superintendent shall respond in writing within ten (10) days of the above date. Either party may be accompanied by one other Employee or administrator.

• Level 2 If the grievant is not satisfied with the written answer from his/her manager the grievant may, within ten (10) days from the receipt of such answer, file a written appeal to the appointing authority. Within ten (10) days of the receipt of the written appeal the appointing authority shall investigate the grievance, which shall include a meeting with the concerned parties, and thereafter shall give a written answer to the grievant within ten (10) days.