Stage Five. Arbitration If the grievant is not satisfied with the disposition on the grievance at stage four or the time limits expire without the issuance of the Board’s written reply, the association may submit the grievance for final and binding arbitration. If a demand for arbitration is not filed within 10 (ten) days of the date for the stage four answer, then the grievance shall be deemed withdrawn.
a. Neither the Board of Education not the grievant shall be permitted to assert any grounds of evidence before the arbitrator which has not been previously disclosed to the other party.
b. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore or add to the provisions of the agreement. His authority shall be strictly limited to deciding only the issues presented to him in writing by the School District and the grievant, and his/her decision must be based only upon his/her interpretation of the meaning or application of the express relative language of the agreement.
c. Each party shall bear the full costs for its representation in the grievance procedure.
d. If either party requests a transcript of the proceedings, that party shall bear full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and the grievant.
e. Each party shall share equally the cost of the arbitrator who shall be selected from the American Arbitration Association.
Stage Five. Commencing upon the end of Stage Four as defined above, and continuing until the end of the Term (as defined in Section 3.1 above) of this Agreement, the Annual Service Charge (if applicable) shall be the greater of (i) the amount established in accordance with Section 4.2 or (ii) 80% percent of the amount of real estate taxes otherwise due on the value of the Land and Improvements.
Stage Five. Should the Board of Arbitration find that an employee has been suspended or dismissed for other than just cause, the Board of Arbitration may direct the Board of Education of School District No. 60 to reinstate the employee and pay to the employee a sum equal to the wages or salary lost by such suspension or discharge, or such lesser sum as in the opinion of the Board of Arbitration is fair and reasonable, or make such other order as it considers fair and reasonable, provided always that any order the Board of Arbitration may make is made with due regard to the terms of this Agreement, and that any order relative to lost wages shall be less any wages or salary earned by an employee during a period of suspension or dismissal.
Stage Five development of the Software Solution (including prototyping if applicable); and
Stage Five. If the grievance is not satisfactorily resolved at Stage Four, the Association may submit to the Superintendent within twenty (20) days of the receipt of the answer in Step Four a written request on behalf of the grievant to enter into binding arbitration. Arbitration proceedings shall be conducted by an arbitrator to be selected from a roster of arbitrators provided by the American Arbitration Association. Expenses for the arbitrator’s services will be borne equally by the District and Association. The arbitrator’s decision shall be binding on all parties. The arbitrator shall not amend or modify any of the provision of this Agreement, the arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the School District and Association and shall be based solely on the wording of this Agreement. The arbitrator shall be limited to directing the parties to comply with the terms of this Agreement. The Board acknowledges the right of the teacher to request the Association’s grievance representative to be present at any level of the grievance.
Stage Five. For the twenty-fifth (25th) year, the Annual Service Charge shall be the amount established in accordance with Section 4.03 or 4.04 of the Agreement, as applicable, or eighty percent (80%) of the amount of the taxes otherwise due on the Land and Improvements, whichever is greater.
Stage Five. From the first day after the twenty-ninth (29th) anniversary of the Annual Service Charge Start Date until the thirtieth (30th) anniversary of the Annual Service Charge Start Date, the XXX Calculation shall be 80% of the amount of the taxes otherwise due on the value of the Property and the Improvements.
Stage Five. If the matter is not resolved at stage Four the Chief Executive Officer with the assistance of the Industrial Officer from the Local Government Association of South Australia Inc and the relevant Union Industrial Officer shall seek resolution through the appropriate Industrial Relations Commission. This procedure is not intended to preclude ultimate access by either party to the Industrial Relations Commission for conciliation or arbitration purposes. The process contained in Stage One, Two, Three and Four shall be completed within 14 working days of the issue of being raised at Stage One to ensure its expedient resolution. CLAUSE 19 WORKFORCE DEVELOPMENT 19.1 Training & Development It is recognised that active participation in Training and Development programmes by employees has the potential to lead to a multi-skilled workforce which will give benefits to Council in improved productivity as well as providing improved career prospects for employees. As such, Council has a commitment to the ongoing training of its employees. It is acknowledged that change is a part of the ongoing development of the organisation and that training will continue on change management programmes. Training in a team environment is an important component of Council’s training programme to achieve this without disruption to effective operation of Council, some training outside standard working hours is necessary. Council will ensure that all employees have a fair and equitable chance to attend training programmes relevant to their work. Council has a commitment in the budget to ongoing training of employees with the allocation of training funds equitably distributed between all employees. To this end training and development plans will be based on their annual development and performance appraisal balanced against the overall organisational training needs. Notwithstanding the above, Council may offer training opportunities for personal development outside of normal working hours in the employees own time on a voluntary basis. Berri Barmera Council (AWU) Enterprise Bargaining Agreement No. 11, 2014
Stage Five. If the matter is not settled at Stage Four, the employer, the employee, or their representative(s) may approach the South Australian Employment Tribunal for assistance by conciliation and, in the event of it remaining unresolved, by arbitration (subject to the appeal provisions of the South Australian Fair Work Act (1994). The parties shall accept the final outcomes of the arbitration.
Stage Five. Should the Board of Arbitration find that an employee has been suspended or dismissed for other than cause, the Board of Arbitration may direct the Board to reinstate the employee and pay to the employee a sum equal to the wages or salary lost by such suspension or discharge, or such lesser sum as in the opinion of the Board is fair and reasonable, or make such other order as it considers fair and reasonable, provided always that any order the Board of Arbitration may make is made with due regard to the terms of this Agreement, and that any order relative to lost wages shall be less any wages or salary earned by an employee during a period of suspension or dismissal.
