Common use of Formal Level Three Clause in Contracts

Formal Level Three. a. If the written answer at Level Two is not satisfactory to the aggrieved, the grievance may be submitted to arbitration by written notice given by the Association within fifteen (15) working days after receipt of the Level Two written answer. The parties shall attempt to mutually select an arbitrator. If the parties cannot mutually agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Association (AAA) in accordance with its rules which will likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator. If the parties agree on an arbitrator outside the AAA process, the hearing and award shall be governed in accordance with AAA rules. b. The power of the arbitrator shall be limited to the interpretation of application of this Agreement and he/she shall have no power to alter, add to or subtract from the terms of this Agreement as written. c. The fees and expenses of the Arbitrator shall be shared equally by the District and the Association if part of the requested relief is obtained. Such fees and expenses shall be paid by the losing party if none of the relief requested by that party is obtained. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witness called by the other. d. The following matter shall not be the basis of any arbitration: any claim or complaint for which there is another remedial procedures or forum established by law. This exclusion does not apply to grievances about an employee’s contractual insurance benefits.

Formal Level Three. a. If the written answer at Level Two is not satisfactory to the aggrieved, the grievance may be submitted to arbitration by written notice given by the Association within fifteen (15) working days after receipt of the Level Two written answer. The parties shall attempt to mutually select an arbitrator. If , if the parties cannot mutually agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Arbitrator Association (AAA) in accordance with its rules which will likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator. If , if the parties agree on an arbitrator outside of the AAA process, the hearing and the award shall be governed in accordance with AAA rules. b. The power of the arbitrator shall be limited to the interpretation of application of the express terms of this Agreement and he/she shall have no power to alter, add to or subtract from the terms of this Agreement as written. c. The fees and expenses of the Arbitrator arbitrator shall be shared equally by the District Board and the Association if part of the requested relief is obtained. Such fees and expenses shall be paid by the losing party if none of the relief requested by that party is obtained. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witness witnesses called by the other. d. The following matter shall not be the basis of any arbitration: any claim or complaint for which there is another remedial procedures or forum established by law. This exclusion does not apply to grievances about an employee’s contractual insurance benefits.

Formal Level Three. a. If the written answer at Level Two is not satisfactory to the aggrieved, the grievance may be submitted to arbitration by written notice given by the Association within fifteen (15) working days after receipt of the Level Two written answer. The parties shall attempt to mutually select an arbitrator. If , if the parties cannot mutually agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Arbitrator Association (AAA) in accordance with its rules which will likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator. If , if the parties agree on an arbitrator outside of the AAA process, the hearing and the award shall be governed in accordance with AAA rules. b. The power of the arbitrator shall be limited to the interpretation of application of the express terms of this Agreement and he/she shall have no power to alter, add to or subtract from the terms of this Agreement as written.. Deleted: the aggrieved Deleted: an effort Deleted: shall within Deleted: Assistant Superintendent of c. The fees and expenses of the Arbitrator arbitrator shall be shared equally by the District Board and the Association if part of the requested relief is obtained. Such fees and expenses shall be paid by the losing party if none of the relief requested by that party is obtained. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witness witnesses called by the other. d. The following matter shall not be the basis of any arbitration: any claim or complaint for which there is another remedial procedures or forum established by law. This exclusion does not apply to grievances about an employee’s contractual insurance benefits.

Formal Level Three. a. 1. If the written answer at Level Two is not satisfactory to the aggrieved, the grievance may be submitted to arbitration by written notice given by the Association within fifteen (15) working days after receipt of the Level Two written answer. The parties shall attempt to mutually select an arbitrator. If , if the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the American Arbitration Arbitrator Association (AAA) in accordance with its rules which will likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator. If , if the parties agree on an arbitrator outside of the AAA process, the hearing and the award shall be governed in accordance with AAA rules. b. 2. The power of the arbitrator shall be limited to the interpretation of application of the express terms of this Agreement and he/she shall have no power to alter, add to or subtract from the terms of this Agreement as written. c. 3. The fees and expenses of the Arbitrator arbitrator shall be shared equally by the District Board and the Association if part of the requested relief is obtained. Such fees and expenses shall be paid by the losing party if none of the relief requested by that party is obtained. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witness witnesses called by the other. d. 4. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any source of a like nature during the period of the back pay. 5. The following matter shall not be the basis of any arbitration: any claim or complaint for which there is another remedial procedures procedure or forum established by law. This exclusion does not apply to grievances about an employee’s contractual insurance benefits.