Level IV Clause Samples
The 'Level IV' clause typically defines a specific tier or category within a multi-level system, such as service levels, security classifications, or escalation procedures. In practice, this clause outlines the criteria, responsibilities, or standards that apply when a situation or item is designated as Level IV, which may represent a higher or more critical status compared to lower levels. Its core function is to clearly distinguish the requirements or actions associated with this particular level, ensuring that all parties understand the implications and necessary responses when Level IV conditions are met.
Level IV a. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she may file the grievance within five (5) days of the Level III response for transmittal to the Board.
b. The Board will hear the grievance at its next regularly scheduled meeting or a special meeting which has been called for that purpose. The Board shall transmit its written decision to the grievant within five (5) days of the meeting. The decision of the Board shall be final. Nothing in this section shall be construed so as to deny a grievant any appeal rights available under the law.
Level IV. Arbitration
1) If the Association is not satisfied with the disposition of the grievance at Level III, or if the time limits expire without issuance of the Superintendent’s written reply, the Association within twenty (20) days may submit the grievance to arbitration. In such cases the parties shall attempt to mutually agree upon an arbitrator. Should the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitrator.
2) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator.
3) The arbitrator shall have no authority to add to, to subtract from, or modify the terms of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation.
4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association.
5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties.
6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise.
7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure.
8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association.
9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsis...
Level IV. If the Utilization Level is greater than or equal to 75% but less than 90%.
Level IV. If the grievant is not satisfied with the decision at Level III, the employee may, within ten (10) days, appeal the decision to the Superintendent. This written appeal statement shall include a copy of the original grievance the appeals and the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal.
19.4.3.1 The Superintendent or designee shall communicate a decision in writing within five (5) days. If the Superintendent or designee does not respond within the time limits provided, the grievant may appeal to the next level.
Level IV. Within three (3) working days after receiving the written decision at Level III, the employee may appeal the written decision to the Board of Education. The President of the Board of Education will then determine whether the Board’s Executive Committee or the full Board of Education will meet with the employee to discuss the complaint.
Level IV. Arbitration
1. Where the grievant and Faculty Association wish to proceed to arbitration, a request shall be made to the Director of Human Resources within ten (10) days of receipt of the Chancellor’s, or designee’s, decision or of the date the decision should have been received. Should the Faculty Association and the District be unable to mutually agree on the selection of an arbitrator:
a. Within five (5) days, the Human Resources Office shall request a list of seven (7) arbitrators from the State Mediation and Conciliation Service.
b. Within ten (10) days after receipt of the list, a representative of the District and a representative of Faculty Association shall alternately strike names from the list until only one name remains.
2. Upon selection of the arbitrator, the Human Resources office shall contact the selected arbitrator to schedule a hearing at the earliest convenience of the arbitrator and the parties.
3. Arbitrator expenses, including any per diem fees, actual and necessary travel and subsistence expense, and other fees and expenses shall be paid equally by the District and the Faculty Association.
4. If either party so requests, the arbitrator shall specifically rule upon the appropriateness of arbitration of contested issues prior to the hearing on the merits of the grievance. If the parties cannot agree upon a statement of the issues to be arbitrated, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
5. The arbitrator may render a decision only regarding the interpretation of the provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the administration to perform an illegal act.
6. After a hearing and after both parties have had an opportunity to make written or oral arguments, the arbitrator shall submit, in writing, to all parties, his or her findings and award. The award of the arbitrator shall be binding on the Board of Trustees unless a court of competent jurisdiction directs otherwise.
Level IV. If the aggrieved employee is not satisfied with the disposition of the grievance at Level III or if no written decision has been rendered within the time period set forth in the preceding paragraph, he or she may, within ten (10) days after receipt of the written decision of the Board, or within ten (10) days of the date the decision is due, whichever is earlier, appeal to the Department of Labor pursuant to SDCL 3-18-15.
Level IV. If the Association proceeds to arbitration, it shall notify the District in writing within thirty (30) days of receipt of the District’s decision at Level III. Within ten (10) days such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a demand to arbitrate with the State Mediation and Conciliation Service. The Association shall request that the State Mediation and Conciliation Service submit a list of seven (7) names of persons experienced in hearing grievances in public schools/colleges. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator.
Level IV. Either the grievant or the responding party may appeal the advisory award of the arbitrator to the Board of Trustees within ten (10) working days after the receipt of such advisory award.
17.6.1 The Board of Trustees shall render its decision within twenty (20) working days after receipt of the appeal at this level, or twenty (20) working days after receipt of the transcript of the arbitration hearing, whichever comes later. The decision of the Board of Trustees shall be final and binding on all parties, except that no rights of the grievant to further legal action shall be abrogated.
Level IV. 3.4.1 If the grievant is not satisfied with the disposition of the grievance at Level III, or if disposition has not been made within the time limits, the grievant may appeal as follows:
3.4.1.1 If the grievance arises from an alleged violation, misapplication of a specific term of this Agreement between the Board of Education and the Association, within twenty