Level Three Grievance Sample Clauses
The Level Three Grievance clause establishes the procedures for addressing disputes or complaints that have not been resolved at earlier stages of a grievance process. Typically, this clause outlines the steps for escalating the issue to higher management or a designated committee, specifying timelines, required documentation, and the parties involved in the review. Its core function is to provide a structured and formal mechanism for resolving persistent grievances, ensuring that unresolved issues receive thorough consideration and that all parties have a clear path for seeking further resolution.
Level Three Grievance. If not resolved at Level Two, the Association may submit the issue to binding arbitration. The District and the Association shall attempt to select an acceptable arbitrator within twenty (20) workdays after completion of Level Two. If mutual selection is impossible, the arbitrator shall be chosen from a list of persons certified by the American Arbitration Association or the Federal Mediation & Conciliation Service. Any cost associated with the requesting of the arbitrator list shall be split evenly between the District and the Association. The decision of such arbitrator shall be final and binding upon all parties. The arbitrator shall not be empowered to rule contrary to, to amend or add to, or to eliminate any of the provisions of this Agreement. The authority of the arbitrator shall be limited to questions directly involving the interpretation or application of specific provisions of this Agreement, and no other matter shall be subject to arbitration hereunder. The arbitrator shall furnish findings of fact and rationale for this decision. Expenses incident to arbitrator service shall be assigned by the arbitrator to the losing party. If, in the opinion of the arbitrator, neither party can be considered the losing party, the expenses shall be apportioned in the arbitrator's judgment. The arbitration procedure shall be the sole method of settling disputes, differences or controversies referred to arbitration. The parties shall be bound by any decisions, determinations, agreements or settlements that may be effectuated pursuant to invoking the arbitration procedure. No provisions in this Agreement may be changed, modified or altered during the term of this Agreement except by mutual agreement of the parties. Any amendment to this Agreement shall be in writing and shall be made a part of this Agreement. The District and the Association will take such action by resolution or as otherwise may be necessary in order to give full force and effect to the Agreement provisions.
Level Three Grievance. If the grievance remains unresolved at the conclusion of Level Two, it may be submitted for binding arbitration at the request of the LEA, provided written notice of the request for submission to arbitration is delivered to the Board within fifteen (15) working days after the date of the decision under Level Two. The parties will use AAA to select the Arbitrator. Upon selection by the parties, the arbitrator shall conduct the arbitration hearing and other related matters in accordance with the rules and regulations of the American Arbitration Association. The fees and expenses of the arbitrator shall be shared equally by the LEA and the Board. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may initiate a pre-arbitration settlement conference. Whenever possible such conference should be initiated at least thirty (30) calendar days before the scheduled arbitration hearing.
Level Three Grievance. The decision, if not acceptable to the grievant(s), may be appealed to the Board within 5 working days of receipt of the decision. The appeal must include copies of prior decisions and a statement of grounds upon which the prior decisions are regarded as incorrect. The Board shall schedule a hearing at the time of the next regular Board meeting, provided that the appeal is received at least 5 working days prior to that meeting. The Board shall communicate its written decision to the grievant(s) within 5 working days of the conclusion of the hearing. To proceed to arbitration the appeal must be delivered to the Superintendent within 20 work days after the Level Three hearing decision was, or should have been, received.
Level Three Grievance a. If the Association and the aggrieved party are not satisfied with the decision at Level Two, and the grievance pertains to an interpretation of the language of this contract, and if no written decision has been rendered within five (5) school days after the meeting, the Association may, within ten (10) school days of the meeting, request that the grievance be submitted within thirty (30) school days to arbitration.
b. The parties agree to be bound by the rules and procedures of the American Arbitration Association.
c. The arbitrator shall issue his/her decision with due dispatch after the date of the closing of the hearings, or if all hearings have been waived, then from the date of transmitting the Carmel Teaching Assistants Association 16 final statements and proofs to the arbitrator. The decision shall set forth the arbitrator’s opinion and conclusions on the issues submitted. The decision of the arbitrator shall be rendered to the District and to the Association and shall be binding on all parties. The Arbitrator shall make no decision which is contrary to, or inconsistent with, or which modifies or varies in any way, the terms of the Agreement or of applicable law, rules or regulations having the force and effect of law.
d. The cost for the services of the arbitrator, including expenses; if any, shall be borne equally by the Board and the Association.