Level V Sample Clauses
Level V. If the grievant is not satisfied with the decision at Level IV, the grievant may, within ten (10) days, submit the grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. If an agreement is reached at mediation, the agreement shall be reduced to writing and shall be signed by the grievant, the Association, and the District. If the grievant, the Association, and the District have not resolved the grievance with the assistance of the mediator, the Association may appeal the matter to the next level.
Level V. Either the District or the grievant 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. The Board of Trustees shall place the appeal on the agenda of the next regular Board meeting as an item for Board consideration and shall render its decision by the following regular Board meeting. If the Board has not received the transcript of the arbitration hearing by the time of its first (1st) meeting for consideration of the appeal, the time for Board consideration and decision shall be extended until the receipt of the transcript. The decision of the Board of Trustees shall be final and binding.
Level V. If the "grievant" is not satisfied with the decision at Level IV, the grievant may within ten (10) days of receipt of the Level IV response, submit a request in writing to the Superintendent for final resolution of the dispute.
Level V. If Binding Arbitration is not agreed to in Level IV and the grievant is 2 not satisfied with the disposition of his/her grievance at level IV, or if no written 3 decision has been rendered within ten (10) days after submission of the grievance 4 to the Superintendent, the Association may within ten (10) days request in writing 5 that the grievance be submitted to arbitration. The parties shall select a mutually 6 acceptable arbitrator. Should they be unable to agree on an arbitrator within ten 7 (10) days of the Association’s submission of the grievance to arbitration, 8 submission of the grievance shall be made to the American Arbitration
Level V. 10.5.5.1 Within twenty (20) days after the Association has submitted the grievance to mediation, the Association and the District shall attempt to agree upon a mediator. If they are unable to agree upon a mediator, the District shall request a list of mediators from the State Conciliation and Mediation Service.
10.5.5.2 The purpose of the mediation is to attempt to resolve the grievance in its entirety pursuant to the Agreement of the Association and the District. If the mediation does not successfully resolve the dispute, the Association may, within ten (10) days of the termination of mediation, as determined by the mediator, submit the matter to Level VI, Binding Arbitration.
Level V. The arbitration shall be conducted in accordance with the Voluntary Arbitration Rules of the American Arbitration Association (AAA) and the provisions of this procedure. However, upon the mutual agreement of the District and the Association, the arbitration may proceed under the Expedited Rules of the AAA. The arbitrator shall be selected from a list provided by the AAA by eliminating names until only one (1) name remains. The one (1) remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) working days of receipt by both parties of the AAA list. The arbitrator shall have no power to alter, amend, add to, subtract from, or disregard any of the terms of this Agreement, but shall determine only if there has been a violation of a provision(s) of this Agreement as alleged in the grievance. The arbitrator will be without power or authority to make any decision, which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator shall be advisory only and shall be in the form of a written recommendation to the Board of Trustees. Copies of the decision shall be submitted to the District, the Association, and the grievant. The parties shall share all fees and expenses of the arbitration, including charges by the arbitrator, room rental, court reporter, and transcript, equally. Each party shall bear its own attorneys' fees and costs, if any.
Level V a. If the grievant is not satisfied with the decision of the Board of Education, the Association may request the appointment of an arbitrator.
b. The request will be made to the New Jersey Public Employment Relations
Level V. If the decision of the Board does not resolve the grievance to the satisfaction of the employee, and the employee wishes review by a third party, the grievance may be submitted to non-binding mediation, as long as the grievance concerns a matter that is an allegation that a provision of the contract has been violated. If mediation is requested, the employee shall notify the Board within ten (10) working days of receipt of the Board's decision in Level IV. The notification to the Board should be submitted to the Office of the Superintendent of Schools.
Level V. Arbitration The Union and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, the District shall request the State Mediation and Conciliation Service to supply a panel of seven (7) names of persons experienced in hearing grievances in higher education institutions. Each party shall alternatively strike a name until only one name remains. The remaining member shall be the arbitrator. The order of striking shall be determined by lot.
30.5.5.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue submitted. If there is dispute by either party as to arbitrability issues of the grievance then the selected arbitrator shall rule on the arbitrability issues at a separate hearing, prior to a hearing on the merits. Upon mutual written agreement, the parties may submit an arbitration brief in lieu of making a personal appearance on the arbitrability issue. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue to be arbitrated by referring to the written grievance.
30.5.5.2 The District and Union agree that the jurisdiction and authority of the arbitrator and the decision rendered by the arbitrator shall be confined exclusively to the interpretation of the express provision or provisions of this Agreement that are at issue. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement.
30.5.5.3 A hearing shall take place at which both parties shall have an opportunity to present their case orally, to the arbitrator. Written arguments may also be submitted. The arbitrator shall submit in writing to both parties their findings and decision, which shall be advisory only, except as provided in Section 30.5.5.4
Level V. Either the District or the grievant 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.
12.6.1 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.