Common use of Procedural Steps Clause in Contracts

Procedural Steps. A. Level I (Initial Discussion) If a member believes there is a basis for a grievance, he/she must first discuss the matter with his/her Principal or Immediate Supervisor in an effort to resolve the problem. During the meeting, the member will advise the Immediate Supervisor that the discussion is intended to be a Level I grievance meeting. B. Level II (Business Manager) 1. If the grievant is not satisfied with the results of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association President. 2. Within seven (7) days of receipt of the form, the Business Manager shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, within seven (7) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) days after receipt of the Level III decision. 2. Within seven (7) days of the filing of the arbitration demand, the Board and the Association shall either select an arbitrator by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Association. 3. The decision of the arbitrator shall be binding on both parties. The arbitrator shall have no power to add to, subtract from, or in any way modify the provisions of this Agreement, and the arbitrator is prohibited from making a decision contrary to law as determined by a Court of competent jurisdiction. The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration process.

Procedural Steps. A. Level I Step 1. An employee who has a grievance shall submit it in writing, to the immediate supervisor, within fourteen (Initial Discussion14) calendar days after the occurrence, or in the case of an issue affecting payroll, within five (5) days worked following the receipt of the pay check for the date of the alleged occurrence. The supervisor shall give the written answer within seven (7) calendar days after such presentation. Step 2. If a member believes there the grievance is a basis for a not settled in Step 1 and the employee wishes to appeal the grievance to Step 2 it shall be referred in writing to the Department Head within seven (7) calendar days after the immediate supervisor's answer in Step 1 and shall be signed by the employee. The written grievance shall set forth the nature of the grievance, he/she must the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the relief requested. If no settlement is reached, the Department Head, or representative, shall give the Department's written answer to the employee within seven (7) calendar days. In instances where the immediate supervisor is the Department Head, Steps 1 and 2 shall be considered the first discuss step with the matter with his/her Principal employee submitting the written grievance within fourteen (14) calendar days of the occurrence and the Department Head providing a written response within fourteen (14) calendar days of receipt. Step 3. If the grievance is not settled in Step 2 and the employee desires to appeal, it shall be referred in writing to the City Manager within seven (7) calendar days after the answer in Step 2. A meeting between the City Manager, or Immediate Supervisor in an effort representative, and the employee and the Union representative, if requested, shall be held at a time mutually agreeable to resolve the problemparties. During If the grievance is settled as a result of such meeting, the member will advise settlement shall be reduced to writing and signed. If no settlement is reached, the Immediate Supervisor that City Manager, or City Manager's representative, shall give the discussion is intended City's written answer to be a Level I grievance the employee within seven (7) calendar days following the meeting. SECTION 3. Arbitration A dispute or disagreement involving the interpretation or application of specific provisions of this Agreement may be submitted to arbitration under the following conditions: A. All steps provided for in the grievance procedure must first be exhausted by both parties. B. Level II The issue must involve the interpretation or application of a specific provision of this Agreement. C. Written notice of a request for arbitration must be filed with the City Manager within fourteen (Business Manager)14) calendar days of receipt of the answer for the last step of the grievance procedure. 1D. When a timely request has been made for arbitration, the parties or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall, within fourteen (14) calendar days of the appeal, jointly request the Oregon Employment Relations Board to submit a list of five (5) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list and the fifth and remaining name shall act as the arbitrator. The parties shall be bound by the rules of the Oregon Employment Relations Board. E. The arbitrator shall have the authority to hear and rule on all issues which arise over substantive or procedural arbitrability. Such issues, if raised, must be heard prior to hearing the merits of any appeal to arbitration. Upon motion by either party that there exists issues involving substantive or procedural arbitrability, the arbitrator shall hear the arbitrability issue(s) first and the parties shall make oral closing statements. The arbitrator shall issue a bench ruling by the end of the business day. When the arbitrator determines that the case is not arbitrable, the decision shall be affirmed in writing within seven (7) calendar days from the close of the hearing. If the grievant grievance is not satisfied arbitrable, the parties shall continue with the results hearing that day or the next business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. F. The parties agree that the decision or award of Level I, the arbitrator shall be final and binding on each of the parties. The arbitrator shall issue their decision or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor award within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association President. 2. Within seven (7) days of receipt of the form, the Business Manager shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, within seven (7) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) days after receipt of the Level III decision. 2. Within seven (7) calendar days of the filing closing of the arbitration demand, the Board and the Association shall either select an arbitrator by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Association. 3. The decision of the arbitrator shall be binding on both partieshearing record. The arbitrator shall have no power authority to rule contrary to, amend, add to, subtract from, change or in eliminate any way modify of the provisions terms of this Agreement, . The arbitration will be handled in accordance with the rules of the American Arbitration Association. G. The City and the Union will share equally any joint costs of the arbitration procedure, such as the fee and expense of the arbitrator is prohibited from making and the cost of the hearing room. SECTION 4. Timelines The failure to meet a decision contrary to law as determined by a Court timeline on the part of competent jurisdictionthe Union shall result in the forfeiture of the grievance. The Voluntary Labor Arbitration Rules failure by the City to meet a timeline at any step of the AAA grievance procedure shall govern result in the arbitration processgrievance automatically moving to the next step. The City’s timeline to respond to the grievance at the next step begins the day after the response was due at the previous step.

Procedural Steps. A. Level I The grievant and his/her immediate supervisor are encouraged and directed to resolve problems through free and informal communications. Should such informal processes fail to satisfy the grievant, then a grievance may be processed as follows: 1. Within ten (Initial Discussion10) If a member believes there is a basis for working days following an incident giving rise to a grievance, he/she must the employee shall first discuss the matter matter, either personally or accompanied by a representative, with his/her Principal principal or Immediate Supervisor in an effort immediate supervisor who shall endeavor to resolve effect a solution. The employee shall inform the problem. During the meeting, the member will advise the Immediate Supervisor principal that the discussion is intended to be involves a Level I grievance meeting. B. Level II (Business Manager) 1. If the grievant is not satisfied with the results of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association Presidentgrievance. 2. Within seven If the grievance is not mutually resolved within five (75) days of receipt of after the formdiscussion at Step 1, the Business Manager shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she employee may, within seven five (7) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) days after receipt of the Level III decision. 2. Within seven (75) days of the filing Step 1 deadline, request to convene the Conflict Resolution Committee (CRC). The purpose of the arbitration demand, CRC is to meet with the grievant and his/her immediate supervisor to attempt to resolve the grievance through collaborative problem solving techniques. The Board and the Association shall either select an arbitrator by mutual agreement or the Association will petition the American Arbitration Association annually appoint three (AAA3) to provide a list of names from which an arbitrator shall be selectedrepresentatives, each trained in interest based problem solving and consensus decision making. The fees active committee, comprised of two (2) Association representatives and two (2) Board representatives, excluding the AAA, the cost of the arbitrator, grievant and cancellation feeshis/her immediate supervisor, shall be shared equally by selected from these six (6) people. If the Board employee chooses not to convene the CRC, the grievance is ended. Within ten (10) days of the request to the CRC, the committee shall convene and meet with the Associationgrievant and his/her immediate supervisor to reach consensus. If the CRC cannot reach consensus, discussions and potential settlements developed in the committee are considered confidential and shall not be introduced as evidence or testimony during any subsequent hearings. 3. The decision 1f the CRC cannot reach a consensus within five (5) days of the arbitrator initial meeting, the grievant may, within five (5) days submit a written appeal to the Superintendent on the form which can be obtained from the Association. Such hearing shall be binding conducted within five (5) working days after receipt of such request. If desired by the grievant, an Association representative may speak on both partiesbehalf of the teacher. The arbitrator Superintendent shall have no power to add to, subtract from, or in any way modify take action on the provisions of this Agreement, and the arbitrator is prohibited from making a decision contrary to law as determined by a Court of competent jurisdiction. The Voluntary Labor Arbitration Rules appeal of the AAA shall govern grievance within five (5) working days after the arbitration process.receipt of the appeal or, if a hearing is requested, within five

Procedural Steps. A. Level I (Initial Discussion) If a member believes there is a basis for a grievance, he/she must first discuss the matter with Step 1: The nurse shall present his/her Principal grievance in writing to the nurse manager or Immediate Supervisor in an effort to resolve appropriate representative of Hospital as soon as possible but no later than 16 (sixteen) days from the problemdate of occurrence, or the date when the nurse should reasonably have known of the occurrence, of the alleged violation upon which the grievance is based. During The grievance shall set forth the meetingfacts of the dispute, including the date of the alleged violation, the member will advise names of the Immediate Supervisor that employee(s) affected, the discussion specific provisions of this Agreement in dispute, and the relief requested. Any nurse who is intended to be an officer of the bargaining unit may present a Level I group grievance meetingwhere the occurrence actually involved at least four nurses. The nurse manager or appropriate representative of Hospital shall respond in writing within 14 days of receipt of the grievance. B. Level II Step 2: If the nurse is dissatisfied with the decision under Step 1, the nurse or the Association representative (Business Manager) on behalf of the nurse) may present the grievance in writing to the Chief Nurse Executive within twelve (12) days of receiving a response required by Step 1. If The Chief Nurse Executive or other appropriate management representative shall meet with the grievant is not satisfied with the results and a representative of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association President. 2. Within within seven (7) days of receipt of the form, the Business Manager and shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, response within seven (7) days of such meeting, if any, or within 14 days after receipt of the Level II decisiongrievance, continue whichever is later. Step 3: If the procedure by submitting grievance is not resolved under Step 2, the written nurse or the Association representative (on behalf of the nurse) may present the grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen Chief Executive within ten (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (1410) days after receipt of the Level III decision. 2response. Within The Chief Executive or designee shall meet with the grievant and a representative of the Association within seven (7) days and shall render a written response within seven (7) days of such meeting, if any, or within 14 days after receipt of written appeal, whichever is later. Step 4: If the filing Association Representative is not satisfied with the resolution at Step 3, it may submit the grievance to an arbitrator for determination. If it decides to do so, the Association must notify the Administrator, in writing, of such submission not later than ten (10) days after receipt of the arbitration demanddecision at Step 3, or if no response is received, within twenty days after proper presentation of the grievance. (a) If the parties are unable to mutually agree on an arbitrator at Step 4, the Board arbitrator shall be chosen from a list of five (5) names from the Federal Mediation and Conciliation Service. The parties shall alternately strike one name from the list, with the first strike being determined by a flip of a coin, and the Association last name remaining shall either select an be the arbitrator for the grievance. (b) The arbitrator’s decision shall be rendered within thirty days after the grievance has been submitted to the arbitrator, unless the parties by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Associationextend such time limit. 3. (c) The decision of the arbitrator shall be final and binding on both the grievant and the parties. The , except that the arbitrator shall have no power to add to, subtract from, from or in change any way modify the provisions of this Agreement or to impose any obligation on the Association or Hospital not expressly agreed to in this Agreement, . (d) The fees and expenses of the arbitrator shall be shared equally by the Association and the arbitrator is prohibited from making a decision contrary to law as determined by a Court Hospital, except that each party shall bear the expenses of competent jurisdiction. The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration processits own representation and witnesses.

Procedural Steps. A. Level I Step 1: The aggrieved employee (Initial Discussionwith or without his or her Union representative) If and/or the Union shall in writing present and discuss the grievance with the employee’s immediate supervisor, within ten (10) work days of the occurrence of the event giving rise to the grievance, or the date the occurrence or event becomes known to the employee or Union. Step 2: Within ten (10) work days of the deadline for the supervisor to respond, if the grievance is not resolved to the grievant’s satisfaction or the supervisor has not responded, the grievant or the Union shall submit a member believes there is a signed written grievance with Labor Management and Employee Relations (LMER). This specific Step 2 grievance shall be the sole and exclusive basis for a all subsequent steps. The grievance at this step and every further step shall contain: a. A statement of the specific provision(s) of the Agreement alleged to be violated; b. The date(s) on which the alleged violations occurred; c. The manner in which the alleged violation(s) occurred; d. The specific remedy or adjustment sought; e. Authorization by the employee or Union representative, if desired; f. The signature of the aggrieved employee or the Union representative, according to the category of the grievance. Should the grievance not contain the required information, the grievant/Union shall be so notified in writing and granted the opportunity to resubmit the grievance within three (3) work days of such notice. Within fifteen (15) work days of receipt of the written grievance, he/she must first discuss the matter LMER shall conduct a meeting with his/her Principal or Immediate Supervisor in an effort to resolve the problem. During the meeting, the member will advise the Immediate Supervisor that the discussion is intended to be a Level I grievance meeting. B. Level II (Business Manager) 1. If the grievant is not satisfied with for a full review of the results of Level I, or is unable for cause beyond his/her control acts relevant to discuss the matter with his/her Principal or Immediate Supervisor event and issue a written decision within thirty (30) work days as prescribed in Section 4.04 (B), above, he/she may begin following the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association Presidentmeeting. 2. Within seven (7) days of receipt of Step 3: If the formgrievance remains unsettled, the Business Manager shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of employee and/or Union may submit the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, within seven (7) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/Chancellor, or his or her designee with a copy to the Association President. 2. Within fourteen (14) within 10 work days of receipt of LMER’s response. The Chancellor, or his or her designee, and those s/he may further name, shall meet with the formUnion, and with the Superintendent/persons referred to in the prior grievance steps, and the Chancellor or designee shall render a written decision, in writing, within ninety days of such meeting. This meeting shall take the form of a hearing, before a neutral hearing officer during the course of which all parties are afforded the opportunity to present evidence, witnesses, and arguments in support of their respective position(s). The hearing officer shall submit his or her decision reached at to the parties and the decision is binding absent a request for arbitration by either party. Step 4: Excepting provisions of this meeting will be recorded in Level III Agreement that are matters of policy, if either party is dissatisfied with the Step 3 decision, such party may request arbitration of the Grievance Report Form dispute in writing as follows: Within ten (Appendix A-210) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) work days after from receipt of the Level III decision. 2. Within seven (7) days of the filing of the arbitration demandChancellor’s response, the Board and Union or DCPS shall advise the Association other party in writing whether it intends to request arbitration on the matter. Should a party request arbitration, such request shall either select an arbitrator include a statement setting forth grounds therefore consistent with step 2, to be decided by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by . Only the Board and the AssociationUnion or management can submit a matter to arbitration. 3. The decision of the arbitrator shall be binding on both parties. The arbitrator shall have no power to add to, subtract from, or in any way modify the provisions of this Agreement, and the arbitrator is prohibited from making a decision contrary to law as determined by a Court of competent jurisdiction. The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration process.

Procedural Steps. A. Level I (Initial Discussion) If a member believes there is a basis for a grievance5.3.1 The following procedure shall be the only manner by which grievances may be processed: Step 1: The grievance shall be presented orally by the employee or the Association Xxxxxxx, he/she must first discuss or other authorized representative of the matter with his/her Principal or Immediate Supervisor in an Association, to the employee's immediate superior, who shall make every effort to resolve the problemmatter. During Such grievance shall be presented within fourteen (14) calendar days of the meetingoccurrence giving rise to the grievance, or within ten (10) calendar days such occurrence shall reasonably have been known to the employee or the Association, whichever is later. Step 2: If the matter is not resolved at the first step within three (3) work days of the presentation of the grievance, or no decision has been forthcoming by that time, the member employee or the Association Xxxxxxx, or other authorized representative of the Association, shall reduce the grievance to writing (on a form provided by the Association), setting forth the relevant facts and requested remedy, sign it and submit it to the next in command. Such grievance must be submitted within five (5) workdays of the date of receipt of the first step decision, or the date such decision would have been due. The officer next in command receiving the grievance will advise attempt to resolve the Immediate Supervisor that matter at his level and render his decision in writing to both the discussion is intended to be a Level I grievance meetingemployee and the Association within five (5) workdays of the receipt of the grievance. B. Level II (Business Manager) 1. Step 3: If the grievant matter is not satisfied resolved at the second step within five (5) workdays of the presentation of the grievance, or no decision has been forthcoming by that time the Association President, or his designee, may submit the grievance to the Sheriff. Such grievance must be submitted within five (5) workdays of the date of receipt of the second step decision or the date such decision would have been due. The Sheriff or his designee, shall, within five (5) workdays of receipt of the grievance, hold an informal meeting with the results of Level IAssociation President or his designee, and the employee, if the employee desires to attend. The Sheriff, or his designee, shall render a written decision to the Association within five (5) workdays of the date that such meeting was held. Step 4: If the decision of the Sheriff is unable not satisfactory and the grievance has not been resolved or no decision is forthcoming by the date such decision would have been due, the Association President or his designee may submit the grievance to the Genesee County Legislature. Such grievance must be submitted within five (5) work days of the receipt of the third step decision of the Sheriff or his designee, or the date that such decision would have been due. The Genesee County Legislature or its committee shall, within ten (10) work days of receipt of the grievance, hold a formal meeting with the Association. The Genesee County Legislature or its Committee shall render a written decision within five (5) work days of the date such meeting was held. Step 5: If the decision rendered by the County Legislature, or its Committee, is not satisfactory and the grievance has not been resolved, or no decision is forthcoming by the date such decision would have been due, the Association, not later than fifteen (15) calendar days following the decision of the County Legislature, or its Committee, or the date such decision would have been due, may submit the grievance to arbitration. 5.3.2 The request for cause beyond his/her control arbitration shall be made to discuss the matter with his/her Principal New York State Public Employment Relations Board on a form provided for such requests by the Association, a copy of which shall be furnished to the Genesee County Personnel Officer. The arbitrator shall be chosen from a panel of seven persons provided by PERB. Either party shall have the right to reject one such panel within ten (10) calendar days of receipt thereof, upon notice within that time to the other party. Failing such notice, or Immediate Supervisor upon receipt of the alternative panel(s) the parties shall, within ten (10) calendar days, select an arbitrator from such panel by alternately striking one name until one name remains and such person shall be designated the arbitrator for the grievance in question. 5.3.3 The arbitrator, upon hearing all testimony and evidence, shall be requested to issue his decision within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association President. 2. Within seven (7) days of receipt of the form, the Business Manager shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, within seven (7) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) days after receipt of the Level III decision. 2. Within seven (7) calendar days of the filing date of the arbitration demand, the Board and the Association shall either select an arbitrator by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selectedhearing. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Association. 3. The decision of the arbitrator shall be binding on both parties. The arbitrator He shall have no power to add to, subtract from, or in modify any way modify the provisions of this AgreementAgreement in making an award, and such award shall only consider occurrences within fourteen (14) days prior to the date on which the grievance is presented under Step 1, except in those instances that the employee was not aware of the circumstances until the filing of the grievance, in which case the arbitrator is prohibited shall consider the occurrences from making a decision contrary the date of the incident that gave rise to law as determined by a Court of competent jurisdictionthe grievance. The Voluntary Labor Arbitration Rules decision of the AAA arbitrator shall govern be final and binding upon both parties. 5.3.4 The fees and expenses of the arbitration processarbitrator and the New York State Public Employment Relations Board, if any, shall be shared equally by the Employer and the Association.

Procedural Steps. A. Level I (Initial Discussion) If a member believes there is a basis for a grievance, he/she must first discuss the matter with Step 1: The nurse shall present his/her Principal grievance in writing to the nurse manager or Immediate Supervisor in an effort to resolve appropriate representative of Hospital as soon as possible but no later than 16 (sixteen) 14 days from the problemdate of occurrence, or the date when the nurse should reasonably have known of the occurrence, of the alleged violation upon which the grievance is based. During The grievance shall set forth the meetingfacts of the dispute, including the date of the alleged violation, the member will advise names of the Immediate Supervisor that employee(s) affected, the discussion specific provisions of this Agreement in dispute, and the relief requested. Any nurse who is intended to be an officer of the bargaining unit may present a Level I group grievance meetingwhere the occurrence actually involved at least four nurses. The nurse manager or appropriate representative of Hospital shall respond in writing within 14 days of receipt of the grievance. B. Level II Step 2: If the nurse is dissatisfied with the decision under Step 1, the nurse or the Association representative (Business Manager) on behalf of the nurse) may present the grievance in writing to the Assistant Administrator within twelve (12) days of receiving a response required by Step 1. If The Assistant Administrator or other appropriate management representative shall meet with the grievant is not satisfied with the results and a representative of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association President. 2. Within within seven (7) days of receipt of the form, the Business Manager and shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, response within seven (7) days of such meeting, if any, or within 14 days after receipt of the Level II decisiongrievance, continue whichever is later. Step 3: If the procedure by submitting grievance is not resolved under Step 2, the written nurse or the Association representative (on behalf of the nurse) may present the grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen Hospital Administrator within ten (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (1410) days after receipt of the Level III decision. 2Assistant Administrator’s response. Within The Administrator or designee shall meet with the grievant and a representative of the Association within seven (7) days and shall render a written response within seven (7) days of such meeting, if any, or within 14 days after receipt of written appeal, whichever is later. Step 4: If the filing Association Representative is not satisfied with the resolution at Step 3, it may submit the grievance to an arbitrator for determination. If it decides to do so, the Association must notify the Administrator, in writing, of such submission not later than ten (10) days after receipt of the arbitration demanddecision at Step 3, or if no response is received, within twenty days after proper presentation of the grievance. a. If the parties are unable to mutually agree on an arbitrator at Step 4, the Board arbitrator shall be chosen from a list of five (5) names from the Federal Mediation and Conciliation Service. The parties shall alternately strike one name from the list, with the first strike being determined by a flip of a coin, and the Association last name remaining shall either select an be the arbitrator for the grievance. b. The arbitrator’s decision shall be rendered within thirty days after the grievance has been submitted to the arbitrator, unless the parties by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Associationextend such time limit. 3. c. The decision of the arbitrator shall be final and binding on both the grievant and the parties. The , except that the arbitrator shall have no power to add to, subtract from, from or in change any way modify the provisions of this Agreement or to impose any obligation on the Association or Hospital not expressly agreed to in this Agreement, . d. The fees and expenses of the arbitrator shall be shared equally by the Association and the arbitrator is prohibited from making a decision contrary to law as determined by a Court Hospital, except that each party shall bear the expenses of competent jurisdiction. The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration processits own representation and witnesses.

Procedural Steps. A. Level I (Initial Discussion1) If First Step An attempt shall be made to resolve any grievances in informal discussion between the grievant and the principal or a member believes there is a basis for a grievance, designated representative. The grievant shall make it clear in this discussion that he/she must first is alleging a possible violation of the Agreement and shall state the specific clause or clauses of the Agreement allegedly violated, and shall state the remedy requested. (2) Second Step If the grievance cannot be resolved informally, the employee shall file the grievance in writing, and at a mutually agreeable time, discuss the matter with his/her the principal or designated representative. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement allegedly violated, and shall state the remedy requested. The filing of the formal, written grievance at the Second Step must be within ten (10) working days from the date of the occurrence or first knowledge of the event giving rise to the grievance. The Principal or Immediate Supervisor in an effort to resolve the problem. During the meeting, the member will advise the Immediate Supervisor that the discussion is intended to be designee shall make a Level I grievance meeting. B. Level II (Business Manager) 1. If the grievant is not satisfied with the results of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance decision on the form attached hereto, (Appendix A-1), grievance and communicate it in writing to the Business Manager with a copy to the Association President. 2. Within seven (7) days of receipt of the form, the Business Manager shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant employee and the Association President. C. Level III Superintendent within ten (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, within seven (710) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) working days after receipt of the Level III grievance. In the event the principal schedules a meeting with the grievant, he/she shall have five (5) working days after the meeting to render a decision. 2(3) Third Step In the event a grievance has not been satisfactorily resolved at the Second Step, the grievant shall file within five (5) working days of the written decision at the Second Step, a copy of the grievance with the Superintendent. Within seven ten (710) working days after such written grievance is filed, the aggrieved and the Superintendent or a designee, other than the principal involved in the Second Step, shall meet to resolve the grievance. The Superintendent or the designee shall file an answer within ten (10) working days of the Third Step grievance meeting and communicate it in writing to the grievant. (4) Fourth Step If the grievance is not resolved satisfactorily at Step Three, there shall be available a Fourth Step of impartial, binding arbitration. The Association may submit, in writing, a request on behalf of the Association and the grieving employee to the Superintendent within fifteen (15) days from the receipt of the Step Three answer to enter into arbitration . An employee filed grievance may proceed to arbitration only with the approval of the Association. The association may carry an employee’s grievance to arbitration only with the approval of the employee. The arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties within five (5) working days after said notice is given. If the two parties fail to reach an agreement on an arbitrator within five (5) working days, the Federal Mediation and Conciliation Service (FMCS) shall be requested to provide a panel of five (5) arbitrators. This request shall be in the form of a written communication from the grievant or the Association which shall serve as a joint request. The parties shall determine by coin toss 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) working days and the other party shall have one (1) additional working day to remove one of the remaining names. Each party shall alternately strike one (1) name. The person whose name remains shall be the arbitrator. The arbitrator’s decision shall be submitted in writing within twenty (20) days of the filing of the arbitration demand, the Board and the Association shall either select an arbitrator by mutual agreement hearing or the Association will petition submission of briefs and shall set forth his/her findings, reasons and conclusions on the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Association. 3. The decision of the arbitrator shall be binding on both partiesissues submitted. The arbitrator shall have no power to alter, add to, subtract from, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way modify be in derogation of the provisions powers, duties and rights established in the Board by constitutional provisions, statutes, ordinance or special legislative acts. Each party shall bear its own cost and expense of this Agreementthe arbitration proceedings, excluding the fee of the arbitrator, which shall be shared equally by the Employer and the arbitrator is prohibited from making a decision contrary to law as determined by a Court of competent jurisdiction. The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration processgrievant and or his/her representative.

Procedural Steps. A. Level I (Initial Discussion) If a member believes there is a basis for a grievance, he/she must first discuss the matter with Step 1: The nurse shall present his/her Principal grievance in writing to the nurse manager or Immediate Supervisor in an effort to resolve appropriate representative of Hospital as soon as possible but no later than 16 (sixteen) days from the problemdate of occurrence, or the date when the nurse should reasonably have known of the occurrence, of the alleged violation upon which the grievance is based. During The grievance shall set forth the meetingfacts of the dispute, including the date of the alleged violation, the member will advise names of the Immediate Supervisor that employee(s) affected, the discussion specific provisions of this Agreement in dispute, and the relief requested. Any nurse who is intended to be an officer of the bargaining unit may present a Level I group grievance meetingwhere the occurrence actually involved at least four nurses. The nurse manager or appropriate representative of Hospital shall respond in writing within 14 days of receipt of the grievance. B. Level II Step 2: If the nurse is dissatisfied with the decision under Step 1, the nurse or the Association representative (Business Manager)on behalf of the nurse) may present the grievance in writing to the Chief Nurse Executive within twelve (12) days of receiving a response required by Step 1. If The Chief Nurse Executive or other appropriate management representative shall meet with the grievant is not satisfied with the results and a representative of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association President. 2. Within within seven (7) days of receipt of the form, the Business Manager and shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, response within seven (7) days of such meeting, if any, or within 14 days after receipt of the Level II decisiongrievance, continue whichever is later. Step 3: If the procedure by submitting grievance is not resolved under Step 2, the written nurse or the Association representative (on behalf of the nurse) may present the grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen Chief Executive within ten (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (1410) days after receipt of the Level III decision. 2response. Within The Chief Executive or designee shall meet with the grievant and a representative of the Association within seven (7) days and shall render a written response within seven (7) days of such meeting, if any, or within 14 days after receipt of written appeal, whichever is later. Step 4: If the filing Association Representative is not satisfied with the resolution at Step 3, it may submit the grievance to an arbitrator for determination. If it decides to do so, the Association must notify the Administrator, in writing, of such submission not later than ten (10) days after receipt of the arbitration demanddecision at Step 3, or if no response is received, within twenty days after proper presentation of the grievance. If the parties are unable to mutually agree on an arbitrator at Step 4, the Board arbitrator shall be chosen from a list of five (5) names from the Federal Mediation and Conciliation Service. The parties shall alternately strike one name from the list, with the first strike being determined by a flip of a coin, and the Association last name remaining shall either select an be the arbitrator for the grievance. The arbitrator’s decision shall be rendered within thirty days after the grievance has been submitted to the arbitrator, unless the parties by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Association. 3extend such time limit. The decision of the arbitrator shall be final and binding on both the grievant and the parties. The , except that the arbitrator shall have no power to add to, subtract from, from or in change any way modify the provisions of this Agreement or to impose any obligation on the Association or Hospital not expressly agreed to in this Agreement, . The fees and expenses of the arbitrator shall be shared equally by the Association and the arbitrator Hospital, except that each party shall bear the expenses of its own representation and witnesses. If a grievance is prohibited from making a decision contrary not submitted to law as determined by a Court of competent jurisdiction. The Voluntary Labor Arbitration Rules Steps 2, 3, or 4, the grievance will be considered closed on the basis of the AAA shall govern Hospital’s last written response. A grievance will be deemed untimely if the arbitration processtime limits set forth above for presenting a grievance to any step are not met, unless the parties agree in writing to extend those time limits.

Procedural Steps. A. Level I All grievances arising out of an alleged violation, misinterpretation or misapplication of the terms of this agreement shall be presented and adjusted in the following manner: (Initial Discussiona) If Step 1: A Grievant having a member believes there is a basis for a grievance, he/she must first grievance shall informally discuss the matter issue with his/her Principal department lead either directly or Immediate Supervisor in an effort to resolve through a Union representative. Within twenty (20) working days after the problem. During the meetinginformal discussion is heard, the member will advise appropriate department head shall render a decision thereon, in writing, and present it to the Immediate Supervisor that the discussion is intended Grievant, with a copy to be a Level I grievance meeting. B. Level II (Business Manager) 1. If the grievant is not satisfied with the results of Level I, or is unable for cause beyond his/her control to discuss designated union representative. (b) Step 2: If the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), grievance is not resolved through the efforts at Step 1 above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), it shall be presented to the Business Manager Director of Human Resources in writing either directly or through a Union representative within five (5) working days after receipt of Step 1 decision, or failing a decision within the time provided, no later than five (5) working days after a decision should have been provided. Within ten (10) working days after receipt of the appeal, the Director of Human Resources shall render a decision thereon, in writing, and present it to the Union, with a copy to the Association PresidentGrievant. The Director of Human Resources has the sole right to request the President of the College appoint a hearing officer to hear the grievance and render a decision should circumstances warrant or prevent the Director of Human Resources from objectively rendering a decision. 2. Within seven (7c) days of receipt of Step 3: The Grievant may appeal the form, the Business Manager shall render a written decision rendered at Step 2 above within ten (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-210) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, within seven (7) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) working days after receipt of the Level III decision. 2. Within seven (7) days decision by submitting a written appeal to the president of the filing College. Such written appeal shall set forth specifically the nature of the arbitration demandgrievance, the Board and the Association shall either select an arbitrator by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Association. 3. The decision of the arbitrator shall be binding on both parties. The arbitrator shall have no power to add to, subtract from, or in any way modify the provisions of this Agreementfacts relating thereto, and the arbitrator is prohibited from making a Grievant's reasons for rejection of the decision contrary to law as determined by a Court of competent jurisdictionrendered at the second stage. The Voluntary Labor Arbitration Rules president will make every reasonable effort to arrange a hearing within five (5) workdays following his receipt of the AAA Union's Step 3 appeal. The president (or his designee) shall govern have the right to invite any additional person(s) to participate at the hearing. The president (or his designee) shall then render a decision, in writing, to the Union, within five (5) working days after the conclusion of the hearing. (d) Step 4: In the event there has been no resolution of the grievance regarding the terms of this agreement, the unresolved issues may be submitted by the Union to binding arbitration processno later than fifteen (15) days from the written decision at Step 3 above, by filing a demand for binding arbitration with the Public Employment Relations Board. Thereinafter, arbitrator selection and arbitration procedures on this Article shall be conducted pursuant to the rules and regulations of the Public Employment Relations Board.

Procedural Steps. A. Level I (Initial Discussion) If a member believes there is a basis for a grievance, he/she must first discuss the matter with Step 1: The nurse shall present his/her Principal grievance in writing to the nurse manager or Immediate Supervisor in an effort to resolve appropriate representative of Hospital as soon as possible but no later than 16 (sixteen) 14 days from the problemdate of occurrence, or the date when the nurse should reasonably have known of the occurrence, of the alleged violation upon which the grievance is based. During The grievance shall set forth the meetingfacts of the dispute, including the date of the alleged violation, the member will advise names of the Immediate Supervisor that employee(s) affected, the discussion specific provisions of this Agreement in dispute, and the relief requested. Any nurse who is intended to be an officer of the bargaining unit may present a Level I group grievance meetingwhere the occurrence actually involved at least four nurses. The nurse manager or appropriate representative of Hospital shall respond in writing within 14 days of receipt of the grievance. B. Level II Step 2: If the nurse is dissatisfied with the decision under Step 1, the nurse or the Association representative (Business Manager) on behalf of the nurse) may present the grievance in writing to the Assistant Administrator within twelve (12) days of receiving a response required by Step 1. If The Assistant Administrator or other appropriate management representative shall meet with the grievant is not satisfied with the results and a representative of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance on the form attached hereto, (Appendix A-1), to the Business Manager with a copy to the Association President. 2. Within within seven (7) days of receipt of the form, the Business Manager and shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. C. Level III (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, response within seven (7) days of such meeting, if any, or within 14 days after receipt of the Level II decisiongrievance, continue whichever is later. Step 3: If the procedure by submitting grievance is not resolved under Step 2, the written nurse or the Association representative (on behalf of the nurse) may present the grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen Hospital Administrator within ten (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (1410) days after receipt of the Level III decision. 2Assistant Administrator‟s response. Within The Administrator or designee shall meet with the grievant and a representative of the Association within seven (7) days and shall render a written response within seven (7) days of such meeting, if any, or within 14 days after receipt of written appeal, whichever is later. Step 4: If the filing Association Representative is not satisfied with the resolution at Step 3, it may submit the grievance to an arbitrator for determination. If it decides to do so, the Association must notify the Administrator, in writing, of such submission not later than ten (10) days after receipt of the arbitration demanddecision at Step 3, or if no response is received, within twenty days after proper presentation of the grievance. a. If the parties are unable to mutually agree on an arbitrator at Step 4, the Board arbitrator shall be chosen from a list of five (5) names from the Federal Mediation and Conciliation Service. The parties shall alternately strike one name from the list, with the first strike being determined by a flip of a coin, and the Association last name remaining shall either select an be the arbitrator for the grievance. b. The arbitrator‟s decision shall be rendered within thirty days after the grievance has been submitted to the arbitrator, unless the parties by mutual agreement or the Association will petition the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Associationextend such time limit. 3. c. The decision of the arbitrator shall be final and binding on both the grievant and the parties. The , except that the arbitrator shall have no power to add to, subtract from, from or in change any way modify the provisions of this Agreement or to impose any obligation on the Association or Hospital not expressly agreed to in this Agreement, . d. The fees and expenses of the arbitrator shall be shared equally by the Association and the arbitrator is prohibited from making a decision contrary to law as determined by a Court Hospital, except that each party shall bear the expenses of competent jurisdiction. The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration processits own representation and witnesses.

Procedural Steps. A. Level I (Initial Discussion1) If First Step An attempt shall be made to resolve any grievances in informal discussion between the grievant and the principal or a member believes there is a basis for a grievance, designated representative. The grievant shall make it clear in this discussion that he/she must first is alleging a possible violation of the Agreement and shall state the specific clause or clauses of the Agreement allegedly violated, and shall state the remedy requested. (2) Second Step If the grievance cannot be resolved informally, the employee shall file the grievance in writing, and at a mutually agreeable time, discuss the matter with his/her the principal or a designated representative. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement allegedly violated, and shall state the remedy requested. The filing of the formal, written grievance at the Second Step must be within ten (10) working days from the date of the occurrence or first knowledge of the event giving rise to the grievance. The Principal or Immediate Supervisor in an effort to resolve the problem. During the meeting, the member will advise the Immediate Supervisor that the discussion is intended to be designee shall make a Level I grievance meeting. B. Level II (Business Manager) 1. If the grievant is not satisfied with the results of Level I, or is unable for cause beyond his/her control to discuss the matter with his/her Principal or Immediate Supervisor within thirty (30) days as prescribed in Section 4.04 (B), above, he/she may begin the procedure by submitting the written grievance decision on the form attached hereto, (Appendix A-1), grievance and communicate it in writing to the Business Manager with a copy to the Association President. 2. Within seven (7) days of receipt of the form, the Business Manager shall render a written decision (Appendix A-2). The decision reached at this time will be recorded in Level II of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant employee and the Association President. C. Level III Superintendent within ten (Superintendent) 1. If the grievant is not satisfied with the results of Level II, he/she may, within seven (710) days of receipt of the Level II decision, continue the procedure by submitting the written grievance to the Superintendent/designee with a copy to the Association President. 2. Within fourteen (14) days of receipt of the form, the Superintendent/designee shall render a written decision. The decision reached at this meeting will be recorded in Level III of the Grievance Report Form (Appendix A-2) and a copy will be sent to the grievant and the Association President. D. Level IV (Arbitration) 1. If the grievant is not satisfied with the Level III decision, the Association ONLY, acting on the grievant’s request, may demand a hearing by an arbitrator by filing a written demand for arbitration with the Treasurer not later than fourteen (14) working days after receipt of the Level III grievance. In the event the principal schedules a meeting with the grievant, he/she shall have five (5) working days after the meeting to render a decision. 2(3) Third Step In the event a grievance has not been satisfactorily resolved at the Second Step, the grievant shall file within five (5) working days of the written decision at the Second Step, a copy of the grievance with the Superintendent. Within seven ten (710) working days after such written grievance is filed, the aggrieved and the Superintendent or a designee, other than the principal involved in the Second Step, shall meet to resolve the grievance. The Superintendent or the designee shall file an answer within ten (10) working days of the Third Step grievance meeting and communicate it in writing to the grievant. (4) Fourth Step If the grievance is not resolved satisfactorily at Step Three, there shall be available a Fourth Step of impartial, binding arbitration. The Association may submit, in writing, a request on behalf of the Association and the grieving employee to the Superintendent within fifteen (15) days from the receipt of the Step Three answer to enter into arbitration . An employee filed grievance may proceed to arbitration only with the approval of the Association. The association may carry an employee’s grievance to arbitration only with the approval of the employee. The arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties within five (5) working days after said notice is given. If the two parties fail to reach an agreement on an arbitrator within five (5) working days, the Federal Mediation and Conciliation Service (FMCS) shall be requested to provide a panel of five (5) arbitrators. This request shall be in the form of a written communication from the grievant or the Association which shall serve as a joint request. The parties shall determine by coin toss 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) working days and the other party shall have one (1) additional working day to remove one of the remaining names. Each party shall alternately strike one (1) name. The person whose name remains shall be the arbitrator. The arbitrator’s decision shall be submitted in writing within twenty (20) days of the filing of the arbitration demand, the Board and the Association shall either select an arbitrator by mutual agreement hearing or the Association will petition submission of briefs and shall set forth his/her findings, reasons and conclusions on the American Arbitration Association (AAA) to provide a list of names from which an arbitrator shall be selected. The fees of the AAA, the cost of the arbitrator, and cancellation fees, shall be shared equally by the Board and the Association. 3. The decision of the arbitrator shall be binding on both partiesissues submitted. The arbitrator shall have no power to alter, add to, subtract from, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way modify be in derogation of the provisions powers, duties and rights established in the Board by constitutional provisions, statutes, ordinance or special legislative acts. Each party shall bear its own cost and expense of this Agreementthe arbitration proceedings, excluding the fee of the arbitrator, which shall be shared equally by the Employer and the arbitrator is prohibited from making a decision contrary to law as determined by a Court of competent jurisdiction. The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration processgrievant and or his/her representative.