Common use of Step Four Clause in Contracts

Step Four. Within ten (10) workdays after receiving the decision of the Employer a grievant may make a written request to the Association to take the grievance to arbitration. If within ten (10) days the Association agrees to take the grievance to arbitration, the Association and Employer shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, the Employer and the Association shall jointly request that the American Arbitration Association or the State Conciliation Service supply a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement. (1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of by the grievant. (2) The arbitrator shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator shall be submitted to the Employer and the Association and will be final and binding upon the parties to this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consent, the parties may consult on alternatives. (9) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writing. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall rule. The arbitrator shall have no power to render an award on a grievance filed before the effective date of this Agreement or after the termination of this Agreement.

Step Four. Within ten Arbitration. In the event the answer by the Board is not satisfactory to the Association, then within thirty (1030) workdays after receiving calendar days following the decision date of receipt of the Employer a grievant may make a written request to the Association to take the grievance to arbitration. If within ten (10) days the Association agrees to take the grievance to arbitrationBoard’s answer, the Association only, and Employer shall mutually select not an arbitrator. If agreement cannot be reached on individual bargaining unit member, may file a mutually acceptable arbitrator within ten (10) days, demand for arbitration of the Employer and the Association shall jointly request that dispute to the American Arbitration Association or the State Conciliation Service supply with a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function copy of the arbitratordemand delivered to the Superintendent, all pursuant to the following rules and he/she conditions: (a) The grievance shall be empowered, except as his/her powers are limited below, after due investigation relate solely to make a decision in cases of alleged violation the application and interpretation of the specific Articles terms and Sections conditions of this Agreement. (1b) The arbitrator Arbitrator shall have no power authority to add to, alter, subtract from, disregardmodify, change, alter or modify any amend the terms and conditions of this Agreement; but shall determine only whether or not there has been a violation of this the Agreement as complained of by the grievant. (2) The arbitrator and he/she shall have no power authority to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, hear or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve upon any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) : • Any matter involving the content Board’s discretion in the expenditure of funds for capital outlay; • The fixing or establishment of any salary schedule; • The termination of or decision not to reemploy any probationary bargaining unit member; • The evaluation of a bargaining unit member, unless it is a claim of failure to follow established procedures or the evaluationevaluation is being used to justify a disciplinary action or discharge. (6c) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator Arbitrator on an arbitrable matter within his/her jurisdiction shall be submitted to the Employer and the Association and will be final and binding upon binding. (d) Upon receiving a list of arbitrators from the parties to this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consentAmerican Arbitration Association, the parties may consult on alternativesshall attempt to agree upon an arbitrator. If no agreement can be reached, he/she shall be selected by the rules of the American Arbitration Association. The parties shall be bound by the rules of the American Arbitration Association. (9e) There Only one grievance shall be no waiver or allegation of waiver of heard by an arbitrator at any time limit unless such waiver is in writing. one appointment. (f) The fees costs and expenses of the arbitrator shall be shared equally by the Employer and parties. (g) Any grievance not taken to arbitration within the Association. All other expenses above-stated time limits shall be borne by deemed settled based upon the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall rule. The arbitrator shall have no power to render an award on a grievance filed before the effective date of this Agreement or after the termination of this AgreementBoard’s last answer.

Step Four. Within ten Arbitration. In the event the answer by the Board is not satisfactory to the Association, then within thirty (1030) workdays after receiving calendar days following the decision date of receipt of the Employer a grievant may make a written request to the Association to take the grievance to arbitration. If within ten (10) days the Association agrees to take the grievance to arbitrationBoard’s answer, the Association only, and Employer shall mutually select not an arbitrator. If agreement cannot be reached on individual bargaining unit member, may file a mutually acceptable arbitrator within ten (10) days, demand for arbitration of the Employer and the Association shall jointly request that dispute to the American Arbitration Association or the State Conciliation Service supply with a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function copy of the arbitratordemand delivered to the Superintendent, all pursuant to the following rules and he/she conditions: (a) The grievance shall be empowered, except as his/her powers are limited below, after due investigation relate solely to make a decision in cases of alleged violation the application and interpretation of the specific Articles terms and Sections conditions of this Agreement. (1b) The arbitrator Arbitrator shall have no power authority to add to, alter, subtract from, disregardmodify, change, alter or modify any amend the terms and conditions of this Agreement; but shall determine only whether or not there has been a violation of this the Agreement as complained of by the grievant. (2) The arbitrator and he/she shall have no power authority to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, hear or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve upon any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) : • Any matter involving the content Board’s discretion in the expenditure of funds for capital outlay; • The fixing or establishment of any salary schedule; • The termination of or decision not to reemploy any probationary bargaining unit member; • The evaluation of a bargaining unit member, unless it is a claim of failure to follow established procedures or the evaluationevaluation is being used to justify a disciplinary action or discharge. (6c) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator Arbitrator on an arbitral matter within his/her jurisdiction shall be submitted to the Employer and the Association and will be final and binding upon binding. (d) Upon receiving a list of arbitrators from the parties to this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consentAmerican Arbitration Association, the parties may consult on alternativesshall attempt to agree upon an arbitrator. If no agreement can be reached, he/she shall be selected by the rules of the American Arbitration Association. The parties shall be bound by the rules of the American Arbitration Association. (9e) There Only one grievance shall be no waiver or allegation of waiver of heard by an arbitrator at any time limit unless such waiver is in writing. one appointment. (f) The fees costs and expenses of the arbitrator shall be shared equally by the Employer and parties. (g) Any grievance not taken to arbitration within the Association. All other expenses above-stated time limits shall be borne by deemed settled based upon the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall rule. The arbitrator shall have no power to render an award on a grievance filed before the effective date of this Agreement or after the termination of this AgreementBoard’s last answer.

Step Four. Within ten (10) workdays after receiving 1. If the decision Association is not satisfied with the response of the Employer a grievant may make a written request to Board of Education, or if no response is made within the timeline specified, the Association to take may appeal the grievance to arbitration. If arbitration by filing demand for arbitration with the American Arbitration Association within ten (10) work days after receipt of the Association agrees to take the grievance to arbitrationBoard of Education’s response, the Association and Employer shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, the Employer and the Association shall jointly request that the American Arbitration Association or the State Conciliation Service supply deadline for the response, whichever occurs first, with a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement. (1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of by the grievant. (2) The arbitrator shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as copy mailed simultaneously to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award Superintendent. Selection of the arbitrator shall be based solely upon governed by the evidence and arguments presented to him/her in the presence rules of the partiesAmerican Arbitration Association, and upon any post-hearing briefs of which shall likewise govern the partiesarbitration proceedings. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted2. The arbitrator will be without power shall render a decision based upon the interpretation of the provisions of this Agreement and shall have no jurisdiction to add to, subtract from, change, modify, or authority to make alter any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement, or any written amendments thereof, or to specify or impose any new terms upon the parties, or to substitute his/her discretion for that of any of the parties to this Agreement. HoweverFurthermore, it is agreed that the arbitrator is empowered shall have no jurisdiction to include in rule upon the termination of any award such financial reimbursement or other remedies as he/she judges to be properprobationary employee, the content of any performance evaluation unless it involves termination, and/or the content of any job description. The decision of the arbitrator shall be submitted to the Employer and the Association and will be final and binding upon the parties to employees, the Employer, and the Association, provided the matter is arbitrable and the decision of the arbitrator is made within the scope of his/her authority under the terms of this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consent, the parties may consult on alternatives. (9) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writing. The fees and expenses of the arbitrator shall be shared equally borne solely by the Employer and the Associationnon-prevailing party. All other fees and/or expenses shall be borne paid by the party incurring them. 3. Failure of the employee or the Association to appeal a grievance to the next level of the procedure within the time limits specified shall be deemed withdrawal of the grievance, and neither party acceptance of any response provided by the Employer. Failure of any representative of the Employer to respond at any level within the timelines specified shall enable the Association to appeal to the next level of the Grievance Procedure within the designated timelines. It is understood that the timelines may be extended by mutual agreement between the parties. 4. Grievances involving discharge of an employee shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope initiated at Step Two of the procedure, procedure by filing a written grievance with the Superintendent or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall rule. The arbitrator shall have no power to render an award on a grievance filed before the effective date of this Agreement or after the termination of this Agreement.his designated representative within forty-eight

Step Four. Within ten a. If the grievant(s) is (10are) workdays after receiving not satisfied with the decision of the Employer a grievant disposition in Step Four, he/she may make a written request to the Association to take that the grievance be submitted to arbitration. If arbitration within ten (10) days after receipt of the disposition at Step Four. The grievant's(s') request for arbitration will be by certified mail, with return receipt requested, to the Association and to the Superintendent. If the Association agrees to take submit the grievance matter to arbitration, the Association and Employer shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, the Employer Superintendent or his/her designated representative and the Association shall jointly request that will mutually petition the American Arbitration Association or the State Conciliation Service supply (AAA) to provide both parties with a listing list of five seven (57) names. A second list of seven (7) names may be requested by either party before the parties begin selecting an arbitrator by the "alternate strike method." An arbitrator will be selected from the first or second list by the "alternate strike method." Each party shall strike two (2) names from will have three strikes. A toss of a coin will determine who strikes first. b. Once the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitratorarbitrator has been selected, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make will conduct a decision hearing on the grievance in cases of alleged violation accordance with the rules and regulations of the specific Articles and Sections of this AgreementAAA. (1) c. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of will hold the necessary hearing promptly and issue the decision within such times required by the grievant. (2) AAA rules or as may be agreed upon. The arbitrator shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on a copy sent to all parties' present at the issues submitted. The arbitrator will be without power or authority to make any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be properhearing. The decision of the arbitrator shall arbitrator, if within the limits of authority set forth herein, will be submitted to binding on the Employer Board, the Association, and the Association and grievant. Binding arbitration will be final the sole and binding upon the parties to exclusive remedy for an alleged violation of this Agreement. The Employer and Association, Association shall implement representatives or employees may not file any unfair labor practice charge or any other action concerning any matter which constitutes a grievance under Article 5(B)(1). Nothing herein will be construed as waiving a bargaining unit member's right to seek redress from a court for violation of his/her constitutional rights. The arbitrator will not have the decision in wholeauthority to add to, subtract from, or modify any of the provisions of this collective bargaining contract, nor to add to, detract from, or modify the language herein, arriving at his/her decision concerning an issue presented that is proper within the limitations expressed herein. The arbitrator will not have the authority to rule contrary to the law of the State of Ohio. The arbitrator will expressly confine himself/herself to the precise issue(s) submitted for arbitration and will have no authority to decide any other issue(s) not submitted to him/her. The arbitrator will not interfere with management prerogatives involving the Board's discretion. He/she will not limit or interfere with the powers, duties, and responsibilities of the Board under Article 3 of this Agreement, applicable law, and state and federal regulations having the force and effect of law. No grievance will be arbitrated together with any other grievance except by mutual consent, consent of the parties may consult on alternatives. (9) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writingparties. The fees and expenses cost of the arbitrator shall be shared equally by the Employer and the Association. All other expenses shall arbitration will be borne by the losing party, except that each party incurring them, and neither party shall be responsible for will bear the expense cost of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall ruleits own representative(s). The arbitrator shall have no power to render an award on a grievance filed before will identify specifically the effective date of this Agreement or after losing party within his/her written decision and opinion and assign the termination of this Agreementarbitration costs thereto.

Step Four. Within ten (10) workdays after receiving If the decision of grievant and the Employer a grievant Union are not satisfied with the disposition in Step Three, the Union may make request that the grievance be submitted to arbitration by filing a written request to the Association to take the grievance to arbitration. If Superintendent within ten (10) days after receipt of the Association agrees to take disposition at Step Three. The Superintendent or his designated representative and the grievance to arbitration, the Association and Employer Union shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, petition the Employer and the Association shall jointly request that the American Arbitration Association or the State Federal Mediation & Conciliation Service supply (FMCS) to provide both parties with a listing list of five seven (57) names. A second list of seven (7) names may be requested by either party. An arbitrator shall be selected from the first or second list by the "alternate strike method." Each party shall strike two (2) names from have three strikes. A toss of a coin shall determine who strikes first. Once the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitratorarbitrator has been selected, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make conduct a decision hearing on the grievance in cases of alleged violation accordance with the rules and regulations of the specific Articles and Sections of this Agreement. (1) FMCS. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of hold the necessary hearing promptly and issue the decision within such times required by the grievant. (2) FMCS rules or as may be agreed upon. The arbitrator decision shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. (8) The arbitrator’s decision will be in writing and will set forth his/her findings a copy sent to a representative of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be propereach party. The decision of the arbitrator shall be submitted to binding on the Employer Board, the Union, and the Association grievant. Binding arbitration shall be the sole and will be final and binding upon the parties to exclusive remedy for an alleged violation, misinterpretation, or misapplication of this Agreement. The Employer and Association shall implement Union, Union representative or individual bargaining unit member may not file any unfair labor practice charge or any other action to enforce the decision in whole, or rights provided by mutual consent, the parties may consult on alternatives. (9) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writing. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall rulethis Agreement. The arbitrator shall not have no power the authority to render add to, subtract from, or modify any of the provision of this collective bargaining contract, nor to add to, detract from, or modify the language herein, in arriving at his/her decision concerning an award on a grievance filed before issue presented that is proper within the effective date limitations expressed herein. The arbitrator shall not have the authority to rule contrary to the law of the State of Ohio. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have not authority to decide any other issue(s) not submitted to him/her. He/she shall not limit or interfere with the powers, duties, and responsibilities of the Board of Administration under Article 4 of this Agreement, any other provision of this Agreement reserving powers and duties to the Board of Administration or after any applicable law or regulation having the termination force and effect of this Agreementlaw. No grievance shall be arbitrated together with any other grievance except by mutual consent of the parties. The cost of arbitration shall be shared by the parties, except that each party shall bear the cost of its own representative(s).

Step Four. Within ten (10) workdays after receiving 1. If the decision Union is not satisfied with the response of the Employer a grievant Board of Education, or if no response is made within the time line specified, the Union may make a written request to the Association to take appeal the grievance to arbitration. If arbitration by filing demand for arbitration with the American Arbitration Association within ten (10) work days after receipt of the Association agrees to take the grievance to arbitrationBoard of Education's response, the Association and Employer shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, the Employer and the Association shall jointly request that the American Arbitration Association or the State Conciliation Service supply deadline for the response, whichever occurs first, with a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement. (1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of by the grievant. (2) The arbitrator shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as copy mailed simultaneously to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award Superintendent. Selection of the arbitrator shall be based solely upon governed by the evidence and arguments presented to him/her in the presence rules of the partiesAmerican Arbitration Association, and upon any post-hearing briefs of which shall likewise govern the partiesarbitration proceedings. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted2. The arbitrator will be without power shall render a decision based upon the interpretation of the provisions of this Agreement and shall have no jurisdiction to add to, subtract from, change, modify, or authority to make alter any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement, or any written amendments thereof, or to specify or impose any new terms upon the parties, or to substitute his/her discretion for that of any of the parties to this Agreement. HoweverFurthermore, it is agreed that the arbitrator is empowered shall have no jurisdiction to include in rule upon the termination of any award such financial reimbursement or other remedies as he/she judges to be properprobationary employee, the content of any performance evaluation unless it involves termination, and/or the content of any job description. The decision of the arbitrator shall be submitted to the Employer and the Association and will be final and binding upon the parties to employees, the Employer, and the Union, provided the matter is arbitrable and the decision of the arbitrator is made within the scope of his/her authority under the terms of this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consent, the parties may consult on alternatives. (9) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writing. The fees and expenses of the arbitrator shall be shared equally borne solely by the Employer and the Associationnon-prevailing party. All other fees and/or expenses shall be borne paid by the party incurring them. 3. Failure of the employee or the Union to appeal a grievance to the next level of the procedure within the time limits specified shall be teemed withdrawal of the grievance, and neither party acceptance of any response provided by the Employer. Failure of any representative of the Employer to respond at any level within the time lines specified shall enable the Union to appeal to the next level of the Grievance Procedure within the designated time lines. It is understood that the time lines may be extended by mutual agreement between the parties. 4. Grievances involving discharge of an employee shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope initiated at Step Two of the procedure, procedure by filing a written grievance with the Superintendent or was filed or processed in an untimely manner, such a claim his designated representative within forty-eight (48) hours of the date of discharge. The grievance shall be heard as processed thereafter according to the first issue subsequent Steps of the Grievance Procedure. 5. following criteria: Any grievance filed must be submitted in writing and conform to the a. b. It shall state the date submitted to the Employer; It shall state the date of the events upon which the arbitrator shall rule. The arbitrator shall have no power to render an award on a grievance filed before the effective date of this Agreement or after the termination of this Agreement.it is based;

Step Four. Within ten (10) workdays after receiving If the decision of grievance is not resolved at Step Three, the Employer a grievant may make a written request to and/or the Association may submit the grievance, except Evaluation as outlined in Article VII-Teacher Evaluation, to take the grievance to final and binding arbitration. If a demand for arbitration is not filed within ten thirty (1030) days of the Association agrees to take date from the Step Three decision, the grievance to arbitration, the Association and Employer shall mutually select an arbitratorbe deemed withdrawn. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, the Employer and the Association The parties shall jointly request that the American Arbitration Association or the State Conciliation Service supply to submit to them a listing list of five (5) namesarbitrators' names and qualifications. Each Either party may reject one list in its entirety and request that another list be submitted. From the final list, the parties shall alternately strike one name, with the party initiating arbitration striking first, until only one name remains. That individual shall serve as the arbitrator. The arbitrator so selected shall be jointly notified of his/her selection and requested to contact the parties with respect to scheduling the hearing. If the individual selected cannot serve, the parties shall request another list and repeat the striking process to determine another arbitrator to serve. Failure of a party to act with regard to striking in turn within thirty (30) days shall constitute a waiver of the right to select an arbitrator. In such a case, the other party shall strike two (2) names select an arbitrator from the list in alternative orderand arbitration shall proceed. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the findings of the arbitrator. The determination arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of which party shall strike a name first shall be determined by lotthe conditions of this Agreement. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her his powers are limited below, after due investigation investigation, to make a decision decisions in cases of alleged violation of the specific Articles and Sections of this Agreement. (1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of by the grievant. (2) The arbitrator shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator shall be submitted to the Employer and the Association and will be final and binding upon the parties to this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consent, the parties may consult on alternatives. (9) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writing. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall rule. The arbitrator shall have no power to render an award on a grievance filed before the effective date of this Agreement or after the termination of this Agreement.

Step Four. Within ten (10) workdays after receiving 1. If the decision Union is not satisfied with the response of the Employer a grievant Board of Education, or if no response is made within the timeline specified, the Union may make a written request to the Association to take appeal the grievance to arbitration. If arbitration by filing demand for arbitration with the American Arbitration Association within ten (10) work days after receipt of the Association agrees to take the grievance to arbitrationBoard of Education’s response, the Association and Employer shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, the Employer and the Association shall jointly request that the American Arbitration Association or the State Conciliation Service supply deadline for the response, whichever occurs first, with a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement. (1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of by the grievant. (2) The arbitrator shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as copy mailed simultaneously to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award Superintendent. Selection of the arbitrator shall be based solely upon governed by the evidence and arguments presented to him/her in the presence rules of the partiesAmerican Arbitration Association, and upon any post-hearing briefs of which shall likewise govern the partiesarbitration proceedings. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted2. The arbitrator will be without power shall render a decision based upon the interpretation of the provisions of this Agreement and shall have no jurisdiction to add to, subtract from, change, modify, or authority to make alter any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement, or any written amendments thereof, or to specify or impose any new terms upon the parties, or to substitute his/her discretion for that of any of the parties to this Agreement. HoweverFurthermore, it is agreed that the arbitrator is empowered shall have no jurisdiction to include in rule upon the termination of any award such financial reimbursement or other remedies as he/she judges to be properprobationary employee, the content of any performance evaluation unless it involves termination, and/or the content of any job description. The decision of the arbitrator shall be submitted to the Employer and the Association and will be final and binding upon the parties to employees, the Employer, and the Union, provided the matter is arbitrable and the decision of the arbitrator is made within the scope of his/her authority under the terms of this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consent, the parties may consult on alternatives. (9) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writing. The fees and expenses of the arbitrator shall be shared equally borne solely by the Employer and the Associationnon-prevailing party. All other fees and/or expenses shall be borne paid by the party incurring them. 3. Failure of the employee or the Union to appeal a grievance to the next level of the procedure within the time limits specified shall be deemed withdrawal of the grievance, and neither party acceptance of any response provided by the Employer. Failure of any representative of the Employer to respond at any level within the timelines specified shall enable the Union to appeal to the next level of the Grievance Procedure within the designated timelines. It is understood that the timelines may be extended by mutual agreement between the parties. 4. Grievances involving discharge of an employee shall be responsible for initiated at Step Two of the expense procedure by filing a written grievance with the Superintendent or his designated representative within forty-eight (48) hours of witnesses called the date of discharge. The grievance shall be processed thereafter according to the subsequent Steps of the Grievance Procedure. 5. Any grievance filed must be submitted in writing and conform to the following criteria: a. It shall state the date submitted to the Employer; b. It shall state the date of the events upon which it is based; c. It shall be specific, state the synopsis of the facts giving rise to the alleged violation, and cite the provisions of the Agreement, alleged to have been violated; d. It shall state the relief requested; e. It shall be signed by the other. If the Employer claims that grievant or grievants and a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall ruleUnion Representative. 6. The arbitrator following subjects shall have no power to render an award on a not constitute the basis for any grievance filed before and are hereby excluded from any consideration under the effective date of this Agreement or after the Grievance Procedure and shall not be processed: a. The termination of this Agreementany probationary employee; b. The content of any performance evaluation, unless it involves termination; c. The content of any job description.

Step Four. Within ten Arbitration: In the event the Joint Conciliation and Arbitration Committee fails to render a majority decision upon any matter referred to it within twenty (10) workdays after receiving the decision of the Employer a grievant may make a written request to the Association to take the grievance to arbitration. If within ten (10) days the Association agrees to take the grievance to arbitration, the Association and Employer shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (1020) days, or in the Employer event the grievant is not satisfied with the reply in Step Two but the parties do not agree to convene a Joint Conciliation and the Association shall jointly Arbitration Committee, either party may request that the matter be submitted for final and binding arbitration. Such arbitration shall be conducted pursuant to the voluntary labor arbitration rules of the American Arbitration Association or the State Conciliation Service supply a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violation of the specific Articles and Sections of this AgreementAssociation. (1i) The arbitrator costs of such arbitration, including the arbitrator's fee, shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of be borne equally by the grievantparties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent; provided, however, that if one party requests a stenographic transcript and the other party is unwilling to pay its share of the fee, the party unwilling to pay its share of the fee shall forego a copy of the transcript. (2ii) The arbitrator shall have no power to establish salary structures or change any salary. (3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule. (4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure. (5) The arbitrator shall have no power to recommend or resolve any of the following: (a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit. (b) Any matter involving the content of the evaluation. (6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement. (7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. (8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions, which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator shall be submitted to the Employer and the Association and will be final and binding upon the parties to this Agreement. The Employer and Association shall implement the decision in whole, or by mutual consent, the parties may consult on alternativesall parties. (9iii) There shall be no waiver or allegation of waiver of any time limit unless such waiver is in writing. The fees power and expenses authority of the arbitrator shall be shared equally by strictly limited to determining the Employer meaning and interpretation of the Associationexpress terms of the Agreement as explicitly set forth herein. All other expenses Any decision rendered shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. If the Employer claims that a grievance should be dismissed because, for example, it falls outside within the scope of the procedure, Agreement and shall not change any of its terms or was filed or processed in an untimely manner, such a claim shall be heard as the first issue upon which the arbitrator shall ruleconditions. The arbitrator shall not have no power authority to render an award on add to or subtract from or modify any of the said terms of the Agreement, or to limit or impair any rights of the Guild or rights of Management not at issue in the current dispute. No decision of the arbitrator in one case shall create a basis for retroactive adjustments in any other case. (iv) Except as otherwise required by local, state or federal law, a grievance filed before the effective date of this Agreement or after the termination of shall not be processed under this Agreement, on behalf of any employee who files or prosecutes, or permits to be filed or prosecuted on his behalf, in any court or government agency, a claim, complaint or suit, complaining under Federal, State or local law or regulation, of the action grieved.