Formal Level 4. If the Association is not satisfied with the decision at Level 3 or if no decision has been made within the period provided in G. above, the Association may submit the grievance to arbitration before an impartial arbitrator. If the Association desires to submit a matter to Arbitration, a petition shall be filed, with a copy to the Employer, within ten (10) days after the Level 3 response. If the parties cannot agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. Neither the Employer nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.
Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period above provided, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service postmark on the envelope in which the notice of appeal is mailed.
Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Xxxxx 0, or if no disposition has been made by the Board of Education within seven (7) days after the grievance has been heard, the Association may submit the grievance to mediation before an impartial mediator by filing for mediation with the Michigan Employment Relations Commission within seven (7) working days after the Board’s answer or the due date for the Board’s answer. The mediator shall be appointed by the Michigan Employment Relations Commission. Neither the Employer nor the Association shall be permitted to assert in such mediation preceding any ground or to rely on any evidence not previously disclosed to the other party.
Formal Level 4. If the Association is not satisfied with the disposition of the grievance by the Board of Education at Level 3, within ten (10) days of receipt of the Level 3 response , the Association may submit the grievance to mediation before an impartial mediator. The mediator shall be appointed by the Michigan Employment Relations Commission in accord with its rules, which shall likewise govern the mediation process. Neither the employer nor the Association shall be permitted to assert in such mediation proceeding any ground or to rely on any evidence not previously disclosed to the other party.
Formal Level 4. If the Union is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period provided above, the Union may submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator, then the arbitrator shall be selected by the American Arbitration Association (AAA) in accordance with its rules which shall likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator, and that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator shall be shared equally by the Union and the Employer.
Formal Level 4. (a) If the Union is not satisfied with the disposition of the grievance at Xxxxx 0, or if no disposition has been made within the period above provided, the Union may, within twenty (20) work days thereafter, submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) work days following submission at Xxxxx 0, the Union may appeal the matter to the American Arbitration Association with a request for appointment of an arbitrator. Rules of the American Arbitration Association shall govern the arbitration proceeding. Neither the Employer nor the Union shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.
Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period provided above, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of a written copy of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. The Demand for Arbitration shall also include specific statements of the reasons why the Association believes that the rationale articulated in the Board’s written disposition (as to each contract violation allegation in the grievance for which the Board has articulated a rationale for denial) is not correct or proper. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal service postmark on the envelope in which the notice of appeal is mailed.
Formal Level 4. (a) If the Association proceeds to advisory arbitration, it shall notify the District in writing. The District and the Association shall then jointly request a list of five arbitrators from the California Conciliation Service. The District and the Association shall then alternately strike names from that list and the person remaining shall be selected as the arbitrator.
Formal Level 4. If the grievance remains unresolved at the conclusion of Level 3, it may be submitted for arbitration at the request of the Association provided written notice of the request for submission to arbitration is delivered to the Superintendent within the ten (10) days after the date of the decision under Level 3. Following the written notice of request for submission to arbitration, the Association representative and a representative of the Board shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the date of the request for submission to arbitration, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. The Association must file for arbitration within five (5) days from the date when the parties failed to select an arbitrator.
Formal Level 4. If, within ten (10) working days of the BOARD decision, the grievance is not satisfactorily resolved, the parties may request the services of a state mediator. The use of a mediator must be mutually agreed to by both parties. If the grievance is not settled through the utilization of a state mediator, the grievance can be advanced to FORMAL LEVEL 5 within ten (10) working days of the most recent mediation session.
