Level Three Sample Clauses

Level Three. If the grievant is not satisfied with the disposition of his grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition of the grievance under this procedure. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education within ten (10) school days after the date of the decision of same at Level Two, or within ten (10) school days after which time of the decision of same should have been made in the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with fifteen (15) school days after the receipt by the Board of Education of the request for hearing. At the hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just decision on the grievance. Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a written decision concerning the grievance by executing Grievance Form No 6, a copy of which is attached hereto and made a part hereof. A copy of this decision shall be delivered, in person or by mail, to the grievant within forty-eight hours after the board has rendered said decision. The decision rendered by the Board of Education shall be the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by law.

Level Three. If the grievant does not accept the Level Two Administrator’s resolution at Level Two, or a written response has not been received within the time limit specified, the Association may choose to submit the grievance directly to the Board for a hearing on the grievance or choose to submit the grievance to Arbitration. a. To initiate Level Three proceedings, the Association will notify the Superintendent, or designee, in writing within ten (10) days of receiving the Level Two Administrator's decision. b. The names of three approved Hearing Examiners will be listed in alphabetical order. The name at the top of the list will be the Examiner used for the Level Three Hearing. If the person at the top of the list cannot serve, the second will be contacted and so on. Once a Hearing Examiner has served, that name will be placed at the bottom of the list. This person will be called upon again only if the first two cannot serve, or when that name moves upward on the list. The cost of the hearing will be shared equally by the Board and the CCEA. c. The Hearing Examiner will have the authority to hold hearings, collect written and verbal testimony and make procedural rules. The Hearing Examiner will have no authority to amend, modify, ignore, add to or subtract from the provisions of Board Policy. The Hearing Examiner will also be without power to issue an award inconsistent with the laws of the State of Colorado. d. All hearings will be closed to persons not specifically involved in the grievance. The Hearing Examiner's written report will be mailed simultaneously to the Board and the grievant within twenty (20) days of the conclusion of the hearing, and will set forth finding of fact, reasoning, conclusions, opinions and recommendations on the issues submitted. The report will be advisory only and be binding on neither the Board nor the grievant and/or representative. e. After conclusion of the hearing of the grievance by the Board, or after receiving the report of the Hearing Examiner, the Board will take action on the resolution of the grievance in a timely fashion at a regularly-scheduled Board meeting.

Level Three. If the grievance is not resolved to the grievant's satisfaction, he, no later than fifteen (15) workdays after the receipt of the Superintendent's decision, may request a review by the Board of Education. This request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board of Education. The Board shall review the grievance and render a decision within thirty- five (35) calendar days of receipt of the request of the review by the Superintendent.

Level Three i. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may file the written grievance within ten (10) days of the Level Two response with the Director or his/her designee. ii. Within five (5) days after receipt of the written grievance, the Director or his/her designee will meet with the aggrieved person in an effort to resolve it. The Director shall submit his/her decision in writing to the aggrieved person within five (5) days of the meeting.

Level Three. If the grievant is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work days after receipt of the Superintendent’s response (Appendix K-5) may submit the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three grievance, the grievant shall be represented by GTA. 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement, and the arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of contract interpretation. 8.2.4.4 The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will without power or authority to make any decision that violates the terms of this Agreement. A copy of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding upon the parties. 8.2.4.5 The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator...

Level Three a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten

Level Three. If a grievance arises from any action or inaction at the district level, the grievance shall initiate with the Vice Chancellor of Human Resources as respondent.

Level Three. The matter still being unresolved, the Board will select two (2) representatives and the Association will select two (2) representatives to review the grievance. This review will be done within fifteen (15) workdays upon receipt of grievance at level three (3). If the parties cannot reach agreement, they will select a fifth member, mutually agreeable to both parties within five (5) days. This fifth member will review/hear the case, within fifteen (15) work days of being selected, and indicate his/her decision in writing. This would resolve the grievance and such decision shall be binding by both parties. Costs incurred will be shared equally by both parties.

Level Three a) If the Level Two decision is not satisfactory, the grievance shall be presented to the Superintendent or designee within five (5) working days of receipt of the grievance. b) The Superintendent or designee shall hold a meeting with the grievant(s) and the grievant(s)' Association Representative within five (5) working days of the meeting. c) The Superintendent or designee shall render a written decision to the Association within ten (10) working days of the meeting in 3. b) above.

Level Three. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may, within five (5) school days after a decision by the Superintendent or within fifteen (15) school days after the grievance was delivered to the Superintendent, whichever is sooner, file by registered letter the grievance with the Board of Trustees.