Level 4. If the aggrieved, with concurrence of the bargaining agent, is not satisfied with the disposition of the grievance at Level 3, he/she may within ten (10) working days submit the grievance to arbitration by the American Arbitration Association whose rules and regulations shall likewise govern the proceedings. A copy of the request for arbitration shall be sent to the Treasurer. The arbitrator may not add to, alter, or delete from the terms of the negotiated items. The arbitrator shall have all power and remedies within lawful statutes to render an award which shall be final and binding on both parties. In cases where the arbitration of an issue is questioned, the matter of arbitrability shall be ruled upon by the arbitrator in an expedited fashion prior to a ruling by the arbitrator on the merits of the issue. The cost for the services of the arbitrator will be borne equally by the Board of Education and the bargaining agent.
Level 4. If the Board and the Association shall be unable to resolve any grievance, and it shall involve an alleged violation of a specific article and section of this Agreement, it may, within ten (10) days after the decision of the Board, be appealed to binding arbitration. Such appeal shall be in writing and shall be delivered within the ten (10) day period, and if not so delivered, the grievance shall be abandoned.
Level 4. If the Employee is not satisfied with the response of the Assistant Superintendent for Administrative Services, the Employee may submit the grievance to the Superintendent within ten (10) days of the receipt of the response to Level 3. The Superintendent shall sign and date all copies when he/she receives them. The Superintendent shall respond in writing within ten (10) days of the above date. Either party may be accompanied by one other Employee or administrator.
Level 4. If the Association is not satisfied with the decision made by the Director of Human Resources, the Association may within ten (10) days of the receipt of the response from the Director of Human Resources request a hearing of the grievance by an Arbitrator, or may choose the Voluntary Mediation Process.
Level 4. If the employee or the SMEA is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) days of such meeting, the grievance may be appealed to the Board by filing a written copy thereof with the Secretary or other designee of the Board, not later than seven (7) days of receipt of the Superintendent's disposition of the grievance. The Board, or a committee of the Board, no later than its next regular meeting or three (3) calendar weeks, whichever shall be later, shall meet with the designated SMEA representative on the grievance. Disposition of the grievance in writing by the Board shall be made no later than ten (10) days thereafter. A copy of such disposition shall be furnished to the SMEA.
Level 4. If either party is not satisfied with the disposition of the grievance at Level 3 or the Level 3 time limits expire without the issuance of the School Board's written answer, then the Exclusive Representative and/or teacher may submit the grievance to final and binding arbitration under the rules of the PELRA. The arbitrator shall act as the administrator of the proceedings. If a demand for arbitration is not filed within 30 days after the date for the School Board's Level 3 reply, the grievance will be deemed withdrawn. Both parties agree to be bound by the award of the arbitrator.
Level 4. If the grievance is not settled at Level 3 and if the Association determines the grievance alleges a violation by the Committee of any of the provision of this Agreement, it may, within thirty (30) days after written references to the Committee, refer to arbitration as hereinafter provided.