Level VI Sample Clauses

Level VI. If the grievant is not satisfied with the decision at Level V, the Association may within ten (10) days submit a notice, in writing, to the Superintendent for binding arbitration of the dispute. The grievant/Association and the District shall attempt to agree upon an arbitrator and if no agreement can be reached, the parties shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, including fees for witnesses, or the costs of substitutes for witnesses, shall be borne by the party incurring them. 19.4.5.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. The parties shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue. 19.4.5.2 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. In addition, the arbitrator must agree to abide by the Voluntary Rules of the American Arbitration Association. 19.4.4.3 After a hearing and after both parties have had an opportunity to make written arguments, the advisory arbitrator shall conclusions that he/she has prepared. The decision of the arbitrator shall be final and binding to all parties.

Level VI. Arbitration 1) If Level V is not successful, the grievant, within ten (10) days after conclusion of Level V, may request in writing that the Association submit the grievance to arbitration. The Association by written notice to the Superintendent or designee within ten (10) days of the above request of the grievant may submit the grievance to arbitration. 2) The Association and the District shall by mutual agreement select an arbitrator. If no agreement can be reached within five (5) days of the above request for arbitration of the Association, the parties shall request the California State Conciliation Service to supply a list of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The order of striking shall be determined by lot. 3) In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a 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. 4) 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. 5) After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit his/her written findings and award to both parties, which shall be final and binding, subject to established right of judicial review. 6) 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. Furthermore, the arbitrator’s power to award back pay is limited to the first of the fiscal year in which the grievance was filed. 7) The fees and expenses of the arbitrator shall be borne equally by the employer and the Association. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested by both parties or the arbitrator. If the transcript is requested by only one party, that party shall incur the expense. All other expenses shall be borne by the party incurring them.

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Level VI. If the grievant(s) is/are not satisfied with the decision at Level IV, grievant(s) may within five (5) working days submit a request in writing to the Chancellor for a review of the decision by the Board of Trustees. The Board will review a written summary by the Chancellor and a written summary by the grievant(s) at the next regular Board meeting. This summary may include statements from witnesses. A copy of this summary will be given to the grievant(s) and Association. The Board will render a final and binding determination of the grievance. If the Board of Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence from the Chancellor and the grievant(s), and/or any witnesses. No employee shall be discriminated against as a result of filing a grievance. In the event the advisory arbitration has been utilized, the Board of Trustees shall consider the arbitrator's recommendation at its next regular meeting, provided that at least ten (10) working days have elapsed since receipt of the decision. The Board of Trustees may implement the arbitrator's decision in whole or in part; may decide not to implement the decision; may meet with the parties to discuss other alternative solutions; or may take whatever other action it deems appropriate. The action of the Board of Trustees shall be final and binding.

Level VI. The findings and proposed decision of the arbitrator shall be advisory to the Board of Trustees. The arbitrator’s findings and proposed decision, together with the record and exhibits, shall be presented to the Board of Trustees for final determination. The Board of Trustees shall hear oral or written argument if requested within ten days by either CSEA or the District. After review of the record and exhibits, the Board of Trustees may accept, reject, or modify the arbitrator’s findings and proposed decision, and render a decision on the grievance which shall be final and binding subject to established rights of judicial review.

Level VI. If the grievant is not satisfied with the decision at Level IV, he/she may within five (5) working days submit a request in writing to the Chancellor for a review of the decision by the Board of Trustees. The Board will review a written summary by the Chancellor and a written summary by the grievant at the next regular Board meeting. This summary may include statements from witnesses. A copy of this summary will be given to the grievant and his/her representative. The Board will render a final and binding determination of the grievance. If the Board of Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence from the Chancellor and the grievant, and/or his/her witnesses. No employee shall be discriminated against as a result of filing a grievance. In the event the advisory arbitration has been utilized, the Board of Trustees shall consider the arbitrator's recommendation at its next regular meeting, provided that at least ten (10) working days have elapsed since receipt of the decision. The Board of Trustees may implement the arbitrator's decision in whole or in part; may decide not to implement the decision; may meet with the parties to discuss other alternative solutions; or may take whatever other action it deems appropriate. The action of the Board of Trustees shall be final and binding.

Related to Level VI

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 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 III In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School District shall hear the grievance within twenty (20) days after the receipt of the appeal. Within twenty (20) days after the meeting the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School District may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School District. The School District shall then render its decision.
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 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 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.
Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.
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.
Level Five i. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. ii. Within ten (10) school days after such submission for arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator, either shall request the Public Employment Relations Commission to appoint an arbitrator. iii. The arbitrator shall confer with the representative of the Board and of the Association and shall proceed with a hearing and submit a written report in the shortest possible time setting forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of the Agreement. The decision of the arbitrator shall be advisory only to the Board and the Association. iv. The costs for the services of the arbitrator, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same. v. If time is lost by any teacher due to arbitration proceedings necessitating the retention of a substitute, the Board of Education will pay only the cost of the substitute; the time lost by the teacher must either be without pay or charged to personal time; however, if the arbitrator subpoenas a teacher to attend the arbitration proceedings as a witness, this teacher shall not suffer loss of pay. vi. Notwithstanding the above, the parties agree that in not more than one (1) arbitration per contract year (non-cumulative) may be submitted to an arbitrator, whose decision shall be final and binding upon both parties. The Association shall have the right to designate which arbitration shall be so binding, provided such designation is made and communicated in writing prior to the commencement of the arbitration in question. The Association's choice shall be limited to a grievance which must have reached Level Two of the grievance procedure in any contract year governed by the agreement. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.
Debt Ratings Prompt notice of any change in its Debt Ratings.

Level VI Sample Clauses

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