Step 4 definition

Step 4. Contribution - Amortize the result in Step 3 by multiplying it by the applicable factor from Table II. For the Plan Year in which the Participant attains Normal Retirement Age and for any subsequent Plan Year, the applicable factor is 1.0.

Step 4. If the grievance is not settled at step three, the Executive Board of the Association may choose to present the facts of the grievance, with or on behalf of the grievant, to the Professional Council or to arbitration. If presented to the Professional Council, the grievant(s) and/or the grievance chair will present the facts of the grievance to the council. Following such presentation the Professional Council will discuss the grievance and the superintendent will render a decision in writing. Once the grievance has been presented to the council and a decision is rendered, the grievance is not eligible for arbitration. Only the MCEA/MEA or the Board may refer the matter to arbitration, provided that notice to refer the matter is given to the other party within five (5) working days from the receipt of the Board's written decision at Step Three. The grievance will be submitted to arbitration under and in accordance with the rules of the American Arbitration Association. The arbitrator shall hear the grievance in dispute and shall render the decision within thirty (30) days from the close of the hearings. The arbitrator's decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issues submitted to arbitration. The arbitrator shall confine the decision to the particular case submitted. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The arbitrator shall have no authority except to pass upon alleged violations of the express provisions of this Agreement and to determine disputes involving the application or interpretation of the express provisions of this Agreement. The arbitrator shall not render any decision which would require or permit an action in violation of the Michigan School Laws. The termination of probationary teachers shall not be subject to arbitration. The arbitrator's fee and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any non-teacher witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant.

Step 4. If the difference or complaint is not settled in Step 3, it may be referred to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations. Such reference to arbitration will be made within thirty (30) calendar days after receipt of the Step 3 response and will be accompanied by the following information: 1. Question or questions at issue. 2. Statement of facts. 3. Position of employee or employees. 4. Remedy sought.

Examples of Step 4 in a sentence

• Step 4 If the grievance remains unresolved, the dissatisfied Party may forward the matter to an Arbitration Board.

More Definitions of Step 4

Step 4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC. (a) The FWC may deal with the dispute in 2 stages: (i) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ii) if the FWC is unable to resolve the dispute at the first stage, the FWC may then arbitrate the dispute by declaration. (b) If the FWC arbitrates the dispute, it may also use the powers that are available to it under the Act. (c) A decision that the FWC makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5-1 of the Act. Therefore, appeals may be made against the decision, as well as any appeal to the Federal Court on any question of law.

Step 4. If the issue is not resolved in the foregoing manner within fifteen (15) days after the expiration of the time allotted in Step 3, the Association shall notify the Board of its intent to submit the grievance to final and binding arbitration. The parties may attempt to mutually agree upon an Arbitrator. If no mutually agreed to Arbitrator is selected, an Arbitrator will be selected under the rules of the American Arbitration Association which shall act as Administrator of the proceedings. The rules of AAA shall govern the proceedings.

Step 4. If the grievance is not satisfactorily resolved at the Vice President’s level, the Union may submit it to binding arbitration provided written notice indicating the Union’s intention is filed with the Vice President for Administrative Affairs or his designee within fifteen (15) working days of the answer at the Vice President’s level or, if no answer is received, within fifteen (15) working days of the time that the answer was due. The Union shall promptly request the Federal Mediation and Conciliation Service (FMCS) to provide a panel of qualified Arbitrators from which the parties may make a selection pursuant to the normal practices and procedures of the FMCS. The Arbitrator, in rendering his/her decision, shall not amend, modify, nullify, ignore, or add to or subtract from, any of the provisions of this Agreement. The Arbitrator shall consider and decide only the question of whether there has been a violation, misinterpretation or misapplication of the express provisions of this Agreement. The Arbitrator shall be empowered to determine the issue raised by the grievance as submitted by the grievant(s) or the Union in writing at Step 2. The Arbitrator shall be without power to make any decision or award, which is contrary to, or inconsistent with in any way, applicable federal or state laws, rules and regulations. The Arbitrator shall not in any way limit or interfere with the powers duties and responsibilities of the Employer under law or applicable court decisions. The Arbitrator is empowered to include in his/her award such remedies as shall be within his/her lawful authority, including the restoration of employment. The Arbitrator in such cases shall reduce any back pay award by any amount earned by the employee during the period he/she was not working and by any Unemployment Compensation payments received during such period. Any and all adjustments resulting from the use of this procedure must be consistent with the terms of the agreement. The Arbitrator’s decision shall be final and binding on the parties. The fees and expenses of the Arbitrator shall be shared equally by the College and the Union. The parties likewise shall share the expenses of any transcript(s), which they may jointly request, but all other expenses, which may be incurred by either party, shall be borne by that party.‌

Step 4. Arbitration: Individual grievants shall not have the right to process grievances to arbitration. If satisfactory disposition of the grievance(s) is not made as a result of previous steps, the Association shall have the right to appeal the dispute to an impartial arbitrator under and in accordance with the rules of the American Arbitration Association. Such appeal must be made within twenty

Step 4. Compare the percent of increase in the average daily cost per vehicle to the percentage by which the CPI as of May of the base year shall have increased over the CPI as of May of the year previous to the base year. Whichever is the lesser of the two (2) percentages will be the allowable increase applied to the daily rate(s) for the affected Extension Year.

Step 4. A grievant dissatisfied with the Appointing Officer's response at Step 3 may appeal to the Director, Employee Relations Division, in writing, within fifteen (15) working days of receipt of the Step 3 answer. The Director may convene a grievance meeting within ten (10) working days with the grievant and/or the grievant's Union. The Director or designee shall respond to the grievance in writing within ten (10) working days of the meeting or, if none is held, within ten (10) working days of receipt of the appeal.

Step 4. A grievance dispute which is not resolved in Step 3 may be submitted by the Federation to arbitration. The proceeding may be initiated by written notice to the School Committee and the American Arbitration Association postmarked within thirty (30) work days after receipt of the decision of the School Committee at Step 3. The arbitrator shall issue his decision not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator's opinion and conclusion on the issue submitted. The decision of the arbitrator if made in accordance with his jurisdiction and authority under this Agreement will be accepted as final by the parties to the dispute and both will abide by it. The arbitrator's fee will be shared equally by the parties to the dispute.