Common use of Level 5 Clause in Contracts

Level 5. If the Employee (or the Union, in case of Union grievances), is not satisfied with the disposition of the grievance at Level 4, the Union may, within thirty (30) calendar days after the decision of the Superintendent, notify the Superintendent and Council #25 of the demand for arbitration. If the Union and the Employer cannot mutually agree upon an arbitrator, the Union shall file a demand for arbitration with the American Arbitration Association within sixty (60) calendar days. 1. The decision of the arbitrator shall be final and conclusive and binding upon Employee, the Board and the Union. 2. Powers of the arbitrator are subject to the following limitations: a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. b. He/she shall have no power to establish wage rates or to change wage rates. c. He/she shall have no power to interpret state or federal law. d. He/she shall not hear any grievance previously barred from the grievance procedures. e. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 3. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent. 4. If either part disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the arbitrator has first ruled upon the arbitrability of the grievance. In the event that a case is appealed to the arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. 5. More than one grievance may not be considered by the arbitrator at one time unless there is mutual written consent or the employer has consolidated grievances which arise out of and concern the same factual circumstances. 6. The cost of arbitration shall be borne equally by the parties, except each party shall assume its own cost for representation including any expense of witnesses. a. At arbitration, neither party may raise new defenses or grounds not previously raised or disclosed.

Level 5. If the Employee (or the Union, in case of Union grievances), grievant is not satisfied with the disposition written response of the grievance at Level 4Director of Human Resources, the Union grievant may, within thirty seven (307) calendar work days after from the decision receipt of this response, file a written appeal to the City Manager. Within ten (10) work days of receipt of the Superintendent, notify the Superintendent and Council #25 of the demand for arbitration. If the Union and the Employer cannot mutually agree upon an arbitratorwritten appeal, the Union City Manager or designee shall file investigate the grievance, which shall include a demand for arbitration meeting with the American Arbitration Association within sixty (60) calendar days.grievant, and give a written response to the grievant, which shall be final and binding, except as provided, below, in CONFIRMABLE ARBITRATION. GENERAL PROVISIONS 1. The decision of the arbitrator shall time limits set forth herein above are to be final and conclusive and binding upon Employee, the Board and the Unionstrictly followed. Time limits may be waived by mutual agreement. 2. Powers of the arbitrator are subject If a grievant fails to carry his/her grievance forward to the following limitations: a. He/she shall have no power to add tonext level within the prescribed time period, subtract from, disregard, alter or modify any of the terms of this Agreement. b. He/she shall have no power to establish wage rates or to change wage rates. c. He/she shall have no power to interpret state or federal law. d. He/she shall not hear any grievance previously barred from the grievance procedures. e. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreementconsidered denied. 3. After a case on which If the arbitrator original grievance is empowered to rule hereunder has been referred to him/hermodified at any step, it may not shall be withdrawn by either party except considered a new grievance and must be re-filed, treated as a new grievance and subject to all procedural considerations, unless, modified in writing by mutual consentconsent of the parties. 4. If either part disputes a supervisor or manager fails to respond with an answer within the arbitrability of any grievance under the terms of this Agreementgiven time period, the arbitrator shall have no jurisdiction to act until the arbitrator has first ruled upon the arbitrability of the grievance. In the event that a case is appealed grievant may appeal to the arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its meritsnext higher level. 5. More than one grievance The grievant may not be considered represented by the arbitrator a person of his/her choice at one time unless there is mutual written consent or the employer has consolidated grievances which arise out any formal level of and concern the same factual circumstancesthis procedure. 6. The cost Formal levels may be waived by mutual consent of arbitration the parties. 7. If the grievant is not represented by the Association, the Association shall be borne equally by notified of a settlement proposed at any written level of the procedure which is acceptable to both the grievant and the City prior to the settlement being finalized. The purpose of this step is to allow the Association to state its position for the record. If the Association does not provide a written response within seven (7) work days after notification, such opportunity shall be considered waived, and the proposed settlement shall be implemented and the matter closed. 8. Although grievances will normally be filed at the first level, the parties recognized that certain grievances, due to their nature, should be more appropriately filed at a higher level. The parties therefore agree that grievances should be filed at the lowest level wherein the incumbent has the authority to resolve such grievance. 9. By mutual agreement of the parties, except each party shall assume its own cost for representation including a grievance may revert to a previous level of the procedure. IMMEDIATE ARBITRATION 1. If the Association reasonably believes the City has violated or is threatening to violate this MOU in a manner which will result in irreparable injury if processed through the normal grievance process, the Association may submit the grievance under the following expedited procedure. An “irreparable injury” is any expense injury that cannot be cured after the fact. For example, a suspension or pay reduction would not be an irreparable injury because it could be cured by a backpay award. However, the City’s cancellation of witnessesan employee’s honeymoon vacation could be an irreparable injury because it cannot be cured after the fact. a. At 2. A grievance under this procedure shall be submitted directly to the Third Level (Director of Public Safety) of the grievance procedure and shall be processed in an expedited manner (i.e., all responses shall be due within three (3) days). If the grievance is denied at any level, the grievance shall be deemed immediately appealed to the next level of the grievance procedure at the time of the denial. As soon as the grievance is filed/submitted at the Third Level, the parties shall commence immediately to pick an arbitrator and attempt to arrange for an arbitration hearing before the threatened action (these actions will be parallel to pursuit of the grievance steps described herein). 3. If the grievance is denied at the Fifth Level, the grievance shall immediately be submitted to Confirmable Arbitration. 4. It is the intent of the parties to have the arbitrator rule, one way or the other, before the threatened action takes place. CONFIRMABLE ARBITRATION 1. If a grievance has been properly processed through GRIEVANCE PROCEDURE, above, and has not been resolved, then the grievant, through the Association, may appeal the grievance to Confirmable Arbitration. 2. To request confirmable arbitration, neither party may raise new defenses the appeal must be filed with the Director of Human Resources or grounds not previously raised designee within ten (10) work days of receipt of an answer at Level 5, or disclosed.ten (10) work days from the last day an answer was possible at Level 5 of

Level 5. If the Employee (or the Union, in case of Union grievances), Level 4 answer is not satisfied with the disposition of the grievance at Level 4satisfactory, the Union may, within thirty (30) calendar days after the decision of receipt of the SuperintendentEmployer's Level 4 answer, notify request arbitration by giving a written notice to the Superintendent and Council #25 of the demand for arbitrationEmployer. If the The Union and the Employer cannot mutually agree upon will attempt to select an arbitratorad hoc arbitrator and, if unable to make a mutual selection, the Union arbitrator shall file a demand for arbitration with be selected by the American Arbitration Association within sixty (60) calendar daysin accordance with its Rules and Procedures. 1. The decision of the arbitrator shall be final and conclusive and binding upon EmployeeEmployees, the Board and the Union. 2. Powers of the arbitrator are subject to the following limitations: a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. b. He/she shall have no power to establish wage rates or to change wage rates. c. He/she shall have no power to interpret state or federal law. d. He/she shall not hear any grievance previously barred from the grievance proceduresprocedure. e. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. f. The arbitrator’s decision shall conform with the Michigan Uniform Arbitration Act, MCL 691.1681 et. seq. 3. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent. 4. If either part party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the arbitrator has first ruled upon the arbitrability of the grievance. In the event that If a case is appealed to the arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. He/she shall not decide the merits of a grievance, which is an illegal or prohibited bargaining subject under the Public Employment Relations Act. 5. More than one grievance may not be considered by the arbitrator at one time except by mutual written consent. More than one grievance may not be considered by the arbitrator at one time unless there is mutual written consent consent, or the employer Employer has consolidated grievances which arise out of and concern the same factual circumstances. 6. The cost of arbitration shall be borne equally by the parties, parties except each party shall assume its own cost for representation including any expense of witnesses. a. 7. At arbitration, neither party may raise new defenses or grounds not previously raised or disclosed.