Common use of Level Four Clause in Contracts

Level Four. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within five duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitration. If the grievance is not submitted to arbitration within the above-stated time limit, the grievance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing the case. b. The parties shall agree to a standing list of arbitrators who are mutually acceptable and who agree to be readily available. Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the parties. c. If agreement on selection of a panel arbitrator cannot be reached, then within 10 duty days after such a written notice of a failure to agree, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association. d. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will issue his/her decision not later than 10 days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements and proofs are submitted to him/her. The arbitrator's recommendations will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without authority to make any recommendation beyond the terms of this Agreement. The recommendation of the arbitrator shall be binding upon both parties. e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the Board and the Association. All other expenses will be paid by the party incurring them.

Level Four. a. If the aggrieved person employee is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within twenty (20) regular workdays or the next regularly scheduled Board of Education meeting after the grievance was delivered to the Board of Education, he/she may may, within five duty ten (10) school days after a decision by the superintendent Board of Education or forty-five (45) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. A copy of this request shall be delivered to the Superintendent’s office. If the Association determines that the grievance is not submitted meritorious, it may submit the grievance to arbitration within the above-stated time limit, the grievance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether twenty (20) regular workdays after receipt of a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon request by the arbitrator before hearing the case. b. The parties shall agree to a standing list of arbitrators who are mutually acceptable and who agree to be readily availableaggrieved employee. Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the parties. c. If agreement on selection of a panel arbitrator cannot be reached, then within 10 duty days Within ten (10) regular workdays after such a written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a failure mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to agreeserve. In the event that the parties cannot agree on the arbitrator within twenty (20) regular workdays, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of from the American Arbitration Association. d. . Upon receipt of said list, each party will separately strike the names of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept. The arbitrator who will ultimately be chosen shall be the one, if any, who appears on both acceptable, lists with the lowest average number of placement. In the event that there are no arbitrators that are agreeable to the parties, a new list will be requested and the same procedure will be followed until a satisfactory arbitrator is chosen. The arbitrator so selected will shall confer with the representatives of the superintendent Board and the Association aggrieved employee, or at the option of the aggrieved employee, with representatives of his/her Association, and hold hearings promptly and will shall issue his/her his decision not no later than 10 days ten (10) regular workdays from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements and proofs on the issues which are submitted to him/her. The arbitrator's recommendations will ’s decision shall be in writing and will shall set forth his/her his findings of fact, reasoning, reasoning and conclusions on the issues submitted. The arbitrator will be without authority to make any recommendation beyond the terms of this Agreement. The recommendation decision of the arbitrator shall be binding upon both advisory and nonbinding, but may be made available to the public without consent of the other parties. e. . The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and travel, subsistence expenses, expenses and the cost of any the hearing room, will shall be borne equally by the Board and the aggrieved employee, or the Association. All other expenses will be paid by the party incurring them, if applicable.

Level Four. 1. No claim by an employee shall constitute a grievable matter beyond Level Three or be processed beyond Level Three if it pertains to: a. Any matter for which a method of review is prescribed by law or any rule or regulation of the State Commissioner of Education or any matter which according to law is either beyond the scope of Board authority or limited to action of the Board alone. b. A complaint of a non-tenured employee which arises by reason of not being re- employed. c. A complaint by any certificated employee occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which tenure is either not possible or not required. 2. If the aggrieved person employee is not satisfied dissatisfied with the disposition decision of his/her the Superintendent and if the grievance at pertains to a violation of this Agreement between the Board and the Association, the employee or the Association may request the appointment of an arbitrator, such request to be made known to the Superintendent no later than 10 working days after the decision, in writing to the Superintendent. 3. An employee, in order to process the grievance beyond Level Three, he/she may within five duty must have the request for such action accompanied by the written recommendation for such action by the Association. 4. Within ten calendar days after a decision by such written notice of submission to arbitration, the superintendent request in writing that Superintendent and the Association submit his/her grievance shall attempt to arbitrationagree upon a mutually acceptable arbitrator. If The following procedure will be used to secure the grievance is not submitted to arbitration within the above-stated time limit, the grievance services of an arbitrator. a. A joint request shall be deemed made to be waived and shall not be subject the Public Employment Relations Commission to further discussion or appeal. If any question arises submit a roster of persons qualified to function as to whether a grievance involves an arbitrator in the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing the casedispute in question. b. The If the parties shall are unable to agree upon a mutually satisfactory arbitrator from the list submitted, they will request the Public Employment Relations Commission to submit a standing list of arbitrators who are mutually acceptable and who agree to be readily available. Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the partiessecond list. c. If agreement on selection of a panel arbitrator cannot be reached, then within 10 duty days after such a written notice of a failure the parties are unable to agree, a within ten calendar days of the initial request for arbitration, upon a list of arbitrators mutually satisfactory arbitrator from the second submitted list, the Public Employment Relations Commission may be made to the American Arbitration Association requested by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association. d. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will issue his/her decision not later than 10 days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements and proofs are submitted party to him/her. The designate an arbitrator's recommendations will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will shall be without authority limited to make the issues submitted and shall consider nothing else. The arbitrator can add nothing to, nor subtract anything from, the Agreement between the parties or any recommendation beyond policy of the terms Board of this AgreementEducation. The recommendation of the arbitrator shall be binding upon on both parties. e. The costs for . Only the services Board, the employee, the employee’s representative, the Association and the immediate supervisor shall receive copies of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and ’s report. This shall be accomplished within fifteen (15) working days of the cost completion of any hearing room, will be borne equally by the Board and the Association. All other expenses will be paid by the party incurring themarbitration hearings.

Level Four. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within five duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitrationarbitration . If the grievance is not submitted to arbitration within the above-stated time limit, the grievance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing the case.ARTiCLE gRiEvANCE pROCEduRE ARTiCLE b. The parties shall agree to a standing list of arbitrators arbi- trators who are mutually acceptable and who agree to be readily availableavailable . Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the partiesparties . c. If agreement on selection of a panel arbitrator cannot be reached, then within 10 duty days after such a written notice of a failure to agree, a request for a list of arbitrators may be made to the American Arbitration Association by either partyparty . The parties will then be bound by the rules and procedures of the American Arbitration AssociationAssociation . d. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will issue his/her decision not later than 10 days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements and proofs are submitted to him/herher . The arbitrator's ’s recommendations will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submittedsubmitted . The arbitrator will be without authority withoutauthority to make any recommendation beyond the beyondthe terms of this AgreementAgreement . The recommendation of the arbitrator shall be binding upon both partiesparties . e. The costs for the services of the arbitrator, including in- cluding per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the Board and the AssociationBoardandthe Association . All other expenses will be paid by paidby the party incurring themthem . 1. No reprisals of any kind shall be taken by any party to this Agreement against any party in interest or any grievant . 2. All documents, communications, andrecords dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants . 3. All decisions rendered at all levels of the grievance procedure will be in writing, setting forth the de- cision and the reasons therefore, and will be trans- mitted promptly to all parties in interest and to the Association . 4. The grievant shall be permitted to present evidence and witnesses and to cross-examine all witnesses whenever a hearing is held . When a unit member is not represented by the Association, the Association will have the right to be present and to state its views at all stages of the grievance procedure .

Level Four. a. If the aggrieved person Association is not satisfied with the written disposition of his/her their grievance at Level Three, he/she the Association may request arbitration within five ten (10) duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitrationor their designee was received or due. If the grievance is not submitted to arbitration within the above-stated time limit, the grievance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing the case. b. The Within ten (10) duty days following the date that notice of intent to arbitrate is filed, the parties shall agree to a standing list of arbitrators who are will select an arbitrator that is mutually acceptable and who agree to be readily available. Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the partiesagreeable. c. If agreement on selection of a panel arbitrator cannot be reached, then then, within 10 duty days after such a written notice of a failure to agree, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association. d. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will issue his/her their decision not later than 10 days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements and proofs are submitted to him/herthem. The arbitrator's ’s recommendations will be in writing and will set forth his/her their findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without authority to make any recommendation beyond the terms of this Agreement. The recommendation of the arbitrator shall be binding upon both parties. e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the Board and the Association. All other expenses will be paid by the party incurring them.

Level Four. a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within five duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitrationarbitra- tion. If the grievance is not submitted to arbitration arbitra- tion within the above-stated time limit, the grievance griev- ance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing hear- ing the case. b. The parties shall agree to a standing list of arbitrators arbi- trators who are mutually acceptable and who agree to be readily available. Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the parties. c. If agreement on selection of a panel arbitrator cancan- not be reached, then within 10 within10 duty days after such a written notice of a failure to agree, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association. d. The arbitrator so selected will confer with the representatives rep- resentatives of the superintendent and the Association Asso- ciation and hold hearings promptly and will issue his/her decision not later than 10 days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements state- ments and proofs are submitted to him/her. The arbitrator's ’s recommendations will be in writing and will set forth his/her findings of fact, reasoningreason- ing, and conclusions on the issues submitted. The arbitrator will be without authority to make any recommendation beyond the terms of this Agreement. The recommendation of the arbitrator arbitra- tor shall be binding upon both parties. e. The costs for the services of the arbitrator, including includ- ing per diem expenses, if any, and actual and necessary nec- ▇▇▇▇▇▇ travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the Board and the Association. All other expenses will be paid by the party incurring them. F VOLUNTARY PRE-ARBITRATION MEDIATION Either party may request grievance mediation when a case is appealed to arbitration. If both parties agree, the Federal Mediation and Conciliation Service’s Grievance Mediation Program may be used. If the mediation does not result in a mutually satisfactory resolution, the case may proceed to arbitration.