Common use of Step Four Clause in Contracts

Step Four. a. If a grievance pertaining to an alleged violation of the specific terms of this agreement is not resolved to the satisfaction of the grievant at Level Three, the Association may submit the grievance to advisory arbitration within thirty (30) days after receipt of the decision at Level Three, according to the procedure in (b) of this section. b. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of the American Arbitration Association (AAA) in effect on the day of the demand for advisory arbitration, provided the arbitrator shall be prohibited from changing any language of this agreement or awarding any relief greater than that sought. Expedited AAA rules may be used upon mutual agreement of the Board and Association. The decision of the arbitrator shall be advisory on both parties. The cost of services of the arbitrator, including per diem expenses and all other mutually incurred costs, shall be borne equally by the Association and the Board. All other expenses shall be borne by the party incurring them. An arbitrator who is not from AAA may be mutually agreed to. c. Within thirty (30) days after the arbitrator has submitted his or her decision, the Board shall reconsider its decision and shall render a final determination of the grievance. Failure at any step of this procedure to communicate the decision on a grievance within the specified time shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under the grievance procedure, that requires a member and/or the member’s counsel and/or witnesses to be absent from their regular assignments, they shall be released without loss of pay or benefits. Should a large number of witnesses be required, the conference shall be scheduled outside of regular school hours.

Step Four. a. If a the grievance pertaining to an alleged violation of the specific terms of this agreement is not resolved settled at Step Three and the Association desires to appeal it to the satisfaction of the grievant at Level ThreeFourth Step, the Association may submit the grievance to advisory must file a written request for binding arbitration within thirty (30) days after receipt of the decision at Level Three, according to the procedure in (b) of this section. b. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in effect on the day accordance with their rules. 10.8.1 Any such binding arbitration proceeding shall be subject to all of the demand for advisory arbitration, provided following terms and conditions: a. The recommendation(s) of the arbitrator shall be prohibited from changing binding upon the Board and the Association. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement. b. Not more than one (1) grievance shall be heard by any language arbitrator at any one time unless the parties mutually agree otherwise. The arbitration hearing shall be held in Board offices; or at a mutually agreeable site. c. The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement. d. The arbitrator shall not base his/her recommendation(s) on state or federal law, or interpret state or federal law or the Constitution, but must make recommendation(s) solely on the basis of the provisions of this agreement or awarding Agreement. e. The arbitrator shall not recommend any relief greater than that sought. Expedited AAA alteration in any policies, rules may be used upon mutual agreement and/or actions of the Board which are not specifically in violation of this Agreement. f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance retroactively more than twenty five (25) working days before the date of filing the grievance, or the payroll period immediately preceding initiation of the grievance at the Informal Level, whichever is longer; and any claim for or recommendation of back wages shall be offset by any unemployment compensation paid, and by any compensation derived from any substitute employment or interim earnings (provided such earnings were not part of grievant's earnings prior to the incident precipitating the grievance), during the period for which back wages are sought. g. The arbitrator shall not recommend any punitive damages. h. The arbitrator shall have no power to recommend new salary schedules, or to recommend any monetary adjustment where there has been no wage loss. i. The costs or expenses of the arbitrator shall be borne by the party least supported by the arbitrator’s decision as determined by the arbitrator. Any costs or expenses individually incurred by the parties, however, including any transcript of an arbitration proceeding ordered by a party shall be borne by the party incurring the cost of expense. j. Any grievance which is not appealed to binding arbitration within the time limit hereinabove provided shall be considered adjusted and may not thereafter be so appealed. k. The arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide, except as they may be specifically limited by this agreement. l. Grievances which are not filed or appealed in the manner or within the time limits specified in the grievance procedure shall be considered to have been withdrawn or abandoned and shall not be resubmitted. If the Board fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure. m. It is understood and agreed, however, that the time limits specified in this grievance procedure may be extended by mutual agreement in writing between the aggrieved employee or Association and the Board. n. Notwithstanding any other provisions hereof, any individual employee may at any time present a grievance through Step Two on the employee's own behalf and have the grievance adjusted, without intervention by the Association, if the adjustment is not inconsistent with the terms of this agreement, provided the Association has been afforded an opportunity to be present at such adjustment. A copy of any adjusted grievance under this paragraph will be forwarded to the Association President. o. The decision of the arbitrator shall be advisory on both parties. The cost of services final as to all parties and shall be enforceable through application of the arbitrator, including per diem expenses and all other mutually incurred costs, shall be borne equally by Circuit Court for the Association and the Board. All other expenses shall be borne by the party incurring them. An arbitrator who is not from AAA may be mutually agreed toCounty of Newaygo for enforcement. c. Within thirty (30) days after p. Students’ FERPA rights will be honored throughout the arbitrator has submitted his process. q. Any grounds or her decisionevidence not identified in the grievance procedure by written reference shall not be admitted at arbitration, except in the Board shall reconsider its decision and shall render a final determination of event that testimony provides newly discovered evidence, as the grievance. Failure at any step parties agree that the purpose of this procedure is to communicate resolve all disputes at the decision on earliest possible phase, and surprising the other party with new evidence or grounds at arbitration is contrary to that mutually recognized goal. r. The grievance and arbitration procedure shall not apply to: 1. The discharge, discipline, failure to re-employ or suspension of a grievance within probationary employee. 2. Any matter involving the specified time shall permit the grievant to proceed to the next stepcontent of an employee's written evaluation, unless specifically stated otherwise herein. 3. Failure at any step Any provision of this procedure agreement which contains an express exclusion from this procedure. 4. Any matter prescribed by law over which the Board either has no power or discretion, provided the matter and/or its impact is not addressed specifically in this Agreement. However, alleged contract violations that arise from the contractual impact of such matters prescribed by law are fully arbitrable, except for the nonnegotiable impacts identified in PA 112. s. The following matters shall not be advanced to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure arbitration, though they may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under processed through the grievance procedure: 1. Any matter or complaint for which there is recourse under state or federal statutes, that requires a member and/or (specifically EEOC, MDCR and OCR). 2. The content of any job description or posting, the member’s counsel and/or witnesses qualifications or performance expectations required of any position. 3. Alleged procedural violations of Article 17 may advance to be absent from their regular assignmentsarbitration, they but no evaluation shall be released without rescinded solely due to alleged procedural defects, unless such defects resulted in discipline or financial loss of pay or benefits. Should a large number of witnesses be required, to the conference shall be scheduled outside of regular school hoursemployee.

Step Four. a. If a the grievance pertaining is not satisfactorily resolved at Step Three (F-3-c), it may be submitted to an alleged violation arbitration upon the request of the specific terms Union in accordance with this Section of this agreement is not resolved Article. Only the Union may grieve a matter to arbitration. b. The parties, based upon the satisfaction facts presented, have the right to decide whether to arbitrate a grievance. Within ten (10) working days from the date of the grievant at Level Threefinal answer on such grievance under Step Three (F-3-c) in the Grievance Procedure, the Association may submit grieving party shall notify the grievance other of its intent to advisory seek arbitration over an unadjusted grievance. The representatives of the parties (the Union and the Employer) shall schedule a meeting to be held within thirty (30) calendar days after receipt notification of a request to arbitrate to begin the decision selection procedures outlined below. Either party may withdraw its request to arbitrate at Level Three, according any time prior to the procedure in (b) of this section. b. actual hearing. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of the American Arbitration Association (AAA) in effect on the day of the demand for advisory arbitration, provided cancellation fee due the arbitrator shall be prohibited paid by the party canceling the arbitration. Any grievance not submitted within the ten (10) calendar day period described above shall be deemed settled on the basis of the last answer given by the Employer or his designated representative. c. After receipt of request to arbitrate, the parties shall jointly submit a request within forty (40) days of the date of the appeal to the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) for a list of arbitrators. The employer and the union agree to split equally the cost of the FMCS or AMS list. The party requesting the arbitration shall strike the first name. Thereafter, each side shall alternately strike a name from changing the list until one remains. The name of the arbitrator selected shall be forwarded within ten (10) working days. d. The arbitrator shall have jurisdiction only over disputes arising out of grievances as described above and in reaching his decision, the arbitrator shall have no authority to add or subtract from or modify in any language way any provisions of this agreement Agreement or awarding any relief greater than that soughtconcerning the establishment of wage rates not negotiated as part of this Agreement. Expedited AAA rules Either party may raise the issue of arbitrability before the arbitrator. In the event such issue is raised, the first question to be used upon mutual agreement of the Board and Association. The decision of addressed by the arbitrator shall be advisory on whether the grievance is arbitrable. e. No award of any arbitrator shall be retroactive for a period prior to the four (4) day period for filing grievances. It is expressly understood that the decision of the arbitrator, within his/her function and authority as set forth herein, shall be final and binding upon both parties. The cost arbitrator’s decision and award shall be in writing and will state the rationale for the decision. f. The arbitrator shall issue a decision within thirty (30) calendar days after submission of services the case to him (unless otherwise agreed to by the parties). g. If the arbitrator’s decision awards the payment of back wages covering the period of the employee’s separation from the Office’s payroll, the award so awarded will be less any unemployment compensation or earned wages from whatever source and shall not include the assumption that the employee would have worked overtime during the period of separation from the Office’s payroll. h. Any matter not presented in the prior steps of the Grievance Procedure will not be presented in arbitration, unless the parties introduce new facts by mutual agreement. i. All decisions of arbitrators consistent with the powers enumerated above and all pre-arbitration grievance settlements reached by the Union and the Employer shall be final, conclusive and binding on the County, Union and the employees. j. The costs of the arbitrator, including per diem expenses and all other mutually incurred coststhe travel expenses, hearing room, etc., shall be borne equally by the Association Employer and the Board. All other expenses Labor Council. k. The costs of any copies of the arbitration transcript shall be borne paid by the party incurring them. An arbitrator who requesting party. l. Failure of probation is not from AAA may be mutually agreed tosubject to the Grievance Procedure. c. Within thirty (30) days after the arbitrator has submitted his or her decision, the Board shall reconsider its decision and shall render m. Any aggrieving employee is entitled to representation by a final determination member of the grievance. Failure at any step of this procedure to communicate the decision on a grievance within the specified time shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under the grievance procedure, that requires a member and/or the member’s counsel and/or witnesses to be absent from their regular assignments, they shall be released Union without loss of pay or benefits. Should a large number of witnesses be required, the conference shall be scheduled outside of regular school hourspay.

Step Four. a. If a the grievance pertaining to an alleged violation of the specific terms of this agreement is not resolved settled at Step Three and the Union desires to appeal it to the satisfaction of the grievant at Level ThreeFourth Step, the Association may submit the grievance to advisory Union must file a written request for binding arbitration within thirty (30) days after receipt of the decision at Level Three, according to the procedure in (b) of this section. b. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in effect on the day accordance with their rules. 10.8.1 Any such binding arbitration proceeding shall be subject to all of the demand for advisory arbitration, provided the arbitrator shall be prohibited from changing any language of this agreement or awarding any relief greater than that sought. Expedited AAA rules may be used upon mutual agreement of the Board following terms and Association. conditions: a. The decision recommendation(s) of the arbitrator shall be advisory on both partiesbinding upon the Board and the Union. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement. b. Not more than one (1) grievance shall be heard by any arbitrator at any one time unless the parties mutually agree otherwise. The cost of services of the arbitrator, including per diem expenses and all other mutually incurred costs, arbitration hearing shall be borne equally by the Association and the Board. All other expenses shall be borne by the party incurring them. An arbitrator who is not from AAA may be held in Board offices; or at a mutually agreed toagreeable site. c. Within thirty (30) days after The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement. d. The arbitrator has submitted shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his or her decisionpowers are limited to interpreting this Agreement. e. The arbitrator shall not recommend any alteration in any policies, rules and/or actions of the Board shall reconsider its decision and shall render a final determination of the grievance. Failure at any step which are not specifically in violation of this procedure to communicate the decision on Agreement. f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance within the specified time shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under the grievance procedure, that requires a member and/or the member’s counsel and/or witnesses to be absent from their regular assignments, they shall be released without loss of pay or benefits. Should a large number of witnesses be required, the conference shall be scheduled outside of regular school hours.retroactively more than twenty five

Step Four. a. If a the grievance pertaining to an alleged violation of the specific terms of this agreement is not resolved settled at Step Three and the Association desires to appeal it to the satisfaction of the grievant at Level ThreeFourth Step, the Association may submit the grievance to advisory must file a written request for binding arbitration within thirty (30) days after receipt of the decision at Level Three, according to the procedure in (b) of this section. b. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in effect on the day accordance with their rules. 10.8.1 Any such binding arbitration proceeding shall be subject to all of the demand for advisory arbitration, provided following terms and conditions: a. The recommendation(s) of the arbitrator shall be prohibited from changing binding upon the Board and the Association. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement. b. Not more than one (1) grievance shall be heard by any language arbitrator at any one time unless the parties mutually agree otherwise. The arbitration hearing shall be held in Board offices; or at a mutually agreeable site. c. The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement. d. The arbitrator shall not base his/her recommendation(s) on state or federal law, or interpret state or federal law or the Constitution, but must make recommendation(s) solely on the basis of the provisions of this agreement or awarding Agreement. e. The arbitrator shall not recommend any relief greater than that sought. Expedited AAA alteration in any policies, rules may be used upon mutual agreement and/or actions of the Board which are not specifically in violation of this Agreement. f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance retroactively more than twenty five (25) working days before the date of filing the grievance, or the payroll period immediately preceding initiation of the grievance at the Informal Level, whichever is longer; and any claim for or recommendation of back wages shall be offset by any unemployment compensation paid, and by any compensation derived from any substitute employment or interim earnings (provided such earnings were not part of grievant's earnings prior to the incident precipitating the grievance), during the period for which back wages are sought. g. The arbitrator shall not recommend any punitive damages. h. The arbitrator shall have no power to recommend new salary schedules, or to recommend any monetary adjustment where there has been no wage loss. i. The costs or expenses of the arbitrator shall be borne by the party least supported by the arbitrator’s decision as determined by the arbitrator. Any costs or expenses individually incurred by the parties; however, including any transcript of an arbitration proceeding ordered by a party shall be borne by the party incurring the cost of expense. j. Any grievance which is not appealed to binding arbitration within the time limit hereinabove provided shall be considered adjusted and may not thereafter be so appealed. k. The arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide, except as they may be specifically limited by this agreement. l. Grievances which are not filed or appealed in the manner or within the time limits specified in the grievance procedure shall be considered to have been withdrawn or abandoned and shall not be resubmitted. If the Board fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure. m. It is understood and agreed, however, that the time limits specified in this grievance procedure may be extended by mutual agreement in writing between the aggrieved employee or Association and the Board. n. Notwithstanding any other provisions hereof, any individual employee may at any time present a grievance through Step Two on the employee's own behalf and have the grievance adjusted, without intervention by the Association, if the adjustment is not inconsistent with the terms of this agreement, provided the Association has been afforded an opportunity to be present at such adjustment. A copy of any adjusted grievance under this paragraph will be forwarded to the Association President. o. The decision of the arbitrator shall be advisory on both parties. The cost of services final as to all parties and shall be enforceable through application of the arbitrator, including per diem expenses and all other mutually incurred costs, shall be borne equally by Circuit Court for the Association and the Board. All other expenses shall be borne by the party incurring them. An arbitrator who is not from AAA may be mutually agreed toCounty of Newaygo for enforcement. c. Within thirty (30) days after p. Students’ FERPA rights will be honored throughout the arbitrator has submitted his process. q. Any grounds or her decisionevidence not identified in the grievance procedure by written reference shall not be admitted at arbitration, except in the Board shall reconsider its decision and shall render a final determination of event that testimony provides newly discovered evidence, as the grievance. Failure at any step parties agree that the purpose of this procedure is to communicate resolve all disputes at the decision on earliest possible phase, and surprising the other party with new evidence or grounds at arbitration is contrary to that mutually recognized goal. r. The grievance and arbitration procedure shall not apply to: 1. The discharge, discipline, failure to re-employ or suspension of a grievance within probationary employee. 2. Any matter involving the specified time shall permit the grievant to proceed to the next stepcontent of an employee's written evaluation, unless specifically stated otherwise herein. 3. Failure at any step Any provision of this procedure agreement which contains an express exclusion from this procedure. 4. Any matter prescribed by law over which the Board either has no power or discretion, provided the matter and/or its impact is not addressed specifically in this Agreement. However, alleged contract violations that arise from the contractual impact of such matters prescribed by law are fully arbitrable, except for the nonnegotiable impacts identified in PA 112. s. The following matters shall not be advanced to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure arbitration, though they may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under processed through the grievance procedure: 1. Any matter or complaint for which there is recourse under state or federal statutes, that requires a member and/or (specifically EEOC, MDCR and OCR). 2. The content of any job description or posting, the member’s counsel and/or witnesses qualifications or performance expectations required of any position. 3. Alleged procedural violations of Article 17 may advance to be absent from their regular assignmentsarbitration, they but no evaluation shall be released without rescinded solely due to alleged procedural defects, unless such defects resulted in discipline or financial loss of pay or benefits. Should a large number of witnesses be required, to the conference shall be scheduled outside of regular school hoursemployee.

Step Four. a. If a the grievance pertaining to an alleged violation of the specific terms of this agreement is not resolved settled at Step Three and the Association desires to appeal it to the satisfaction of the grievant at Level ThreeFourth Step, the Association may submit the grievance to advisory must file a written request for binding arbitration within thirty (30) days after receipt of the decision at Level Three, according to the procedure in (b) of this section. b. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in effect on the day accordance with their rules. 10.8.1 Any such binding arbitration proceeding shall be subject to all of the demand for advisory arbitration, provided following terms and conditions: a. The recommendation(s) of the arbitrator shall be prohibited from changing binding upon the Board and the Association. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement. b. Not more than one (1) grievance shall be heard by any language arbitrator at any one time unless the parties mutually agree otherwise. The arbitration hearing shall be held in Board offices; or at a mutually agreeable site. c. The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement. d. The arbitrator shall not base his/her recommendation(s) on state or federal law, or interpret state or federal law or the Constitution, but must make recommendation(s) solely on the basis of the provisions of this agreement or awarding Agreement. e. The arbitrator shall not recommend any relief greater than that sought. Expedited AAA alteration in any policies, rules may be used upon mutual agreement and/or actions of the Board which are not specifically in violation of this Agreement. f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance retroactively more than twenty five (25) working days before the date of filing the grievance, or the payroll period immediately preceding initiation of the grievance at the Informal Level, whichever is longer; and any claim for or recommendation of back wages shall be offset by any unemployment compensation paid, and by any compensation derived from any substitute employment or interim earnings (provided such earnings were not part of grievant's earnings prior to the incident precipitating the grievance), during the period for which back wages are sought. g. The arbitrator shall not recommend any punitive damages. h. The arbitrator shall have no power to recommend new salary schedules, or to recommend any monetary adjustment where there has been no wage loss. i. The costs or expenses of the arbitrator shall be borne by the party least supported by the arbitrator’s decision as determined by the arbitrator. Any costs or expenses individually incurred by the parties, however, including any transcript of an arbitration proceeding ordered by a party shall be borne by the party incurring the cost of expense. j. Any grievance which is not appealed to binding arbitration within the time limit hereinabove provided shall be considered adjusted and may not thereafter be so appealed. k. The arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide, except as they may be specifically limited by this agreement. l. Grievances which are not filed or appealed in the manner or within the time limits specified in the grievance procedure shall be considered to have been withdrawn or abandoned and shall not be resubmitted. If the Board fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure. It is understood and agreed, however, that the time limits specified in this grievance procedure may be extended by mutual agreement in writing between the aggrieved employee or Association and the Board. m. Notwithstanding any other provisions hereof, any individual employee may at any time present a grievance through Step Two on the employee's own behalf and have the grievance adjusted, without intervention by the Association, if the adjustment is not inconsistent with the terms of this agreement, provided the Association has been afforded an opportunity to be present at such adjustment. A copy of any adjusted grievance under this paragraph will be forwarded to the Association President. n. The decision of the arbitrator shall be advisory on both parties. The cost of services final as to all parties and shall be enforceable through application of the arbitrator, including per diem expenses and all other mutually incurred costs, shall be borne equally by Circuit Court for the Association and the Board. All other expenses shall be borne by the party incurring them. An arbitrator who is not from AAA may be mutually agreed toCounty of Newaygo for enforcement. c. Within thirty (30) days after o. Students’ FERPA rights will be honored throughout the arbitrator has submitted his process. p. Any grounds or her decisionevidence not identified in the grievance procedure by written reference shall not be admitted at arbitration, except in the Board shall reconsider its decision and shall render a final determination of event that testimony provides newly discovered evidence, as the grievance. Failure at any step parties agree that the purpose of this procedure is to communicate resolve all disputes at the decision on earliest possible phase, and surprising the other party with new evidence or grounds at arbitration is contrary to that mutually recognized goal. q. The grievance and arbitration procedure shall not apply to: 1. The discharge, discipline, failure to re-employ or suspension of a grievance within probationary employee. 2. Any matter involving the specified time shall permit the grievant to proceed to the next stepcontent of an employee's written evaluation, unless specifically stated otherwise herein. 3. Failure at any step Any provision of this procedure agreement which contains an express exclusion from this procedure. 4. Any matter prescribed by law over which the Board either has no power or discretion, provided the matter and/or its impact is not addressed specifically in this Agreement. However, alleged contract violations that arise from the contractual impact of such matters prescribed by law are fully arbitrable, except for the nonnegotiable impacts identified in PA 112. r. The following matters shall not be advanced to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure arbitration, though they may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under processed through the grievance procedure: 1. Any matter or complaint for which there is recourse under state or federal statutes, that requires a member and/or (specifically EEOC, MDCR and OCR). 2. The content of any job description or posting, the member’s counsel and/or witnesses qualifications or performance expectations required of any position. 3. Alleged procedural violations of Article 17 may advance to be absent from their regular assignmentsarbitration, they but no evaluation shall be released without rescinded solely due to alleged procedural defects, unless such defects resulted in discipline or financial loss of pay or benefits. Should a large number of witnesses be required, to the conference shall be scheduled outside of regular school hoursemployee.

Step Four. a. If a the grievance pertaining is not satisfactorily resolved at Step Three (F-3-c), it may be submitted to an alleged violation arbitration upon the request of the specific terms Union in accordance with this Section of this agreement is not resolved Article. Only the Union may grieve a matter to arbitration. b. The parties, based upon the satisfaction facts presented, have the right to decide whether to arbitrate a grievance. Within ten (10) working days from the date of the grievant at Level Threefinal answer on such grievance under Step Three (F-3- c) in the Grievance Procedure, the Association may submit grieving party shall notify the grievance other of its intent to advisory seek arbitration over an unadjusted grievance. The representatives of the parties (the Union and the Employer) shall schedule a meeting to be held within thirty (30) calendar days after receipt notification of a request to arbitrate to begin the decision selection procedures outlined below. Either party may withdraw its request to arbitrate at Level Three, according any time prior to the procedure in (b) of this section. b. actual hearing. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of the American Arbitration Association (AAA) in effect on the day of the demand for advisory arbitration, provided cancellation fee due the arbitrator shall be prohibited paid by the party canceling the arbitration. Any grievance not submitted within the ten (10) calendar day period described above shall be deemed settled on the basis of the last answer given by the Employer or his designated representative. c. After receipt of request to arbitrate, the parties shall jointly submit a request within forty (40) days of the date of the appeal to the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) for a list of arbitrators. The employer and the union agree to split equally the cost of the FMCS or AMS list. The party requesting the arbitration shall strike the first name. Thereafter, each side shall alternately strike a name from changing the list until one remains. The name of the arbitrator selected shall be forwarded within ten (10) working days. d. The arbitrator shall have jurisdiction only over disputes arising out of grievances as described above and in reaching his decision, the arbitrator shall have no authority to add or subtract from or modify in any language way any provisions of this agreement Agreement or awarding any relief greater than that soughtconcerning the establishment of wage rates not negotiated as part of this Agreement. Expedited AAA rules Either party may raise the issue of arbitrability before the arbitrator. In the event such issue is raised, the first question to be used upon mutual agreement of the Board and Association. The decision of addressed by the arbitrator shall be advisory on whether the grievance is arbitrable. e. No award of any arbitrator shall be retroactive for a period prior to the four (4) day period for filing grievances. It is expressly understood that the decision of the arbitrator, within his/her function and authority as set forth herein, shall be final and binding upon both parties. The cost arbitrator’s decision and award shall be in writing and will state the rationale for the decision. f. The arbitrator shall issue a decision within thirty (30) calendar days after submission of services the case to him (unless otherwise agreed to by the parties). g. If the arbitrator’s decision awards the payment of back wages covering the period of the employee’s separation from the Office’s payroll, the award so awarded will be less any unemployment compensation or earned wages from whatever source and shall not include the assumption that the employee would have worked overtime during the period of separation from the Office’s payroll. h. Any matter not presented in the prior steps of the Grievance Procedure will not be presented in arbitration, unless the parties introduce new facts by mutual agreement. i. All decisions of arbitrators consistent with the powers enumerated above and all pre-arbitration grievance settlements reached by the Union and the Employer shall be final, conclusive and binding on the County, Union and the employees. j. The costs of the arbitrator, including per diem expenses and all other mutually incurred coststhe travel expenses, hearing room, etc., shall be borne equally by the Association Employer and the Board. All other expenses Labor Council. k. The costs of any copies of the arbitration transcript shall be borne paid by the party incurring them. An arbitrator who requesting party. l. Failure of probation is not from AAA may be mutually agreed tosubject to the Grievance Procedure. c. Within thirty (30) days after the arbitrator has submitted his or her decision, the Board shall reconsider its decision and shall render m. Any aggrieving employee is entitled to representation by a final determination member of the grievance. Failure at any step of this procedure to communicate the decision on a grievance within the specified time shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under the grievance procedure, that requires a member and/or the member’s counsel and/or witnesses to be absent from their regular assignments, they shall be released Union without loss of pay or benefits. Should a large number of witnesses be required, the conference shall be scheduled outside of regular school hourspay.