Discount Percentage The Discount Percentage shall be based upon the monthly average of the net assets of all of the funds on Master Schedule A to Management Contracts (“Group Assets”), as may be updated from time to time, and the monthly average of the net assets of the Fund (computed in the manner set forth in the Trust’s Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month. After determination of the average Group Assets tier bound level in Master Schedule B to Management Contracts, as may be updated from time to time, which is hereby incorporated by reference into this Contract, the Discount Percentage shall be determined on a cumulative basis pursuant to the schedule set forth in Master Schedule B to Management Contracts.
Step 4 In the event the dispute is not resolved at Step 3 above, either party may serve upon the other and the COORDINATOR written notice by certified mail, within five (5) working days, requesting that the dispute be resolved by arbitration. If such a written notice is served, the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the arbitrator, at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing within a reasonable time, not to exceed ten (10) days after the conclusion of the hearing. The decision by the arbitrator shall be final and binding upon the parties; provided, however, that the arbitrator shall not have the authority to alter or amend the provisions of this AGREEMENT in any way. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties.
Step Five The Union can appeal the decision of the Secretary, or designee, within thirty (30) days to fact finding. When fact-finding is invoked, the Union and the Employer shall jointly request a list of seven (7) neutral fact-finders from the FMCS. The parties will meet within fifteen (15) days of receipt of the FMCS list to seek agreement on one of the listed fact-finders. This meeting may take place on the telephone. If the parties cannot agree on a fact-finder, the Employer and the Union will alternately strike one name from the list until a single name remains. A flip of the coin shall determine who shall strike the first name. The fact-finder shall resolve all questions related to the procedure. Upon mutual agreement of the parties, threshold issues may be resolved prior to the parties proceeding with the substantive issues involved in the case. The cost of the fact-finder shall be shared equally by the parties.
Step Four If the grievance is not settled at Step Three and the Association desires to appeal it to the Fourth Step, the Association must file a written request for binding arbitration with either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in accordance with their rules. 10.8.1 Any such binding arbitration proceeding shall be subject to all of the following terms and conditions: a. The recommendation(s) of the arbitrator shall be binding upon the Board and the Association. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement. b. Not more than one (1) grievance shall be heard by any arbitrator at any one time unless the parties mutually agree otherwise. The arbitration hearing shall be held in Board offices; or at a mutually agreeable site. c. The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement. d. The arbitrator shall not base his/her recommendation(s) on state or federal law, or interpret state or federal law or the Constitution, but must make recommendation(s) solely on the basis of the provisions of this Agreement. e. The arbitrator shall not recommend any alteration in any policies, rules and/or actions of the Board which are not specifically in violation of this Agreement. f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance retroactively more than twenty five (25) working days before the date of filing the grievance, or the payroll period immediately preceding initiation of the grievance at the Informal Level, whichever is longer; and any claim for or recommendation of back wages shall be offset by any unemployment compensation paid, and by any compensation derived from any substitute employment or interim earnings (provided such earnings were not part of grievant's earnings prior to the incident precipitating the grievance), during the period for which back wages are sought. g. The arbitrator shall not recommend any punitive damages. h. The arbitrator shall have no power to recommend new salary schedules, or to recommend any monetary adjustment where there has been no wage loss. i. The costs or expenses of the arbitrator shall be borne by the party least supported by the arbitrator’s decision as determined by the arbitrator. Any costs or expenses individually incurred by the parties, however, including any transcript of an arbitration proceeding ordered by a party shall be borne by the party incurring the cost of expense. j. Any grievance which is not appealed to binding arbitration within the time limit hereinabove provided shall be considered adjusted and may not thereafter be so appealed. k. The arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide, except as they may be specifically limited by this agreement. l. Grievances which are not filed or appealed in the manner or within the time limits specified in the grievance procedure shall be considered to have been withdrawn or abandoned and shall not be resubmitted. If the Board fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure. m. It is understood and agreed, however, that the time limits specified in this grievance procedure may be extended by mutual agreement in writing between the aggrieved employee or Association and the Board. n. Notwithstanding any other provisions hereof, any individual employee may at any time present a grievance through Step Two on the employee's own behalf and have the grievance adjusted, without intervention by the Association, if the adjustment is not inconsistent with the terms of this agreement, provided the Association has been afforded an opportunity to be present at such adjustment. A copy of any adjusted grievance under this paragraph will be forwarded to the Association President. o. The decision of the arbitrator shall be final as to all parties and shall be enforceable through application of the Circuit Court for the County of Newaygo for enforcement. p. Students’ FERPA rights will be honored throughout the process. q. Any grounds or evidence not identified in the grievance procedure by written reference shall not be admitted at arbitration, except in the event that testimony provides newly discovered evidence, as the parties agree that the purpose of this procedure is to resolve all disputes at the earliest possible phase, and surprising the other party with new evidence or grounds at arbitration is contrary to that mutually recognized goal. r. The grievance and arbitration procedure shall not apply to: 1. The discharge, discipline, failure to re-employ or suspension of a probationary employee. 2. Any matter involving the content of an employee's written evaluation, unless specifically stated otherwise herein. 3. Any provision of this agreement which contains an express exclusion from this procedure. 4. Any matter prescribed by law over which the Board either has no power or discretion, provided the matter and/or its impact is not addressed specifically in this Agreement. However, alleged contract violations that arise from the contractual impact of such matters prescribed by law are fully arbitrable, except for the nonnegotiable impacts identified in PA 112. s. The following matters shall not be advanced to arbitration, though they may be processed through the grievance procedure: 1. Any matter or complaint for which there is recourse under state or federal statutes, (specifically EEOC, MDCR and OCR). 2. The content of any job description or posting, the qualifications or performance expectations required of any position. 3. Alleged procedural violations of Article 17 may advance to arbitration, but no evaluation shall be rescinded solely due to alleged procedural defects, unless such defects resulted in discipline or financial loss to the employee.
Step 2 (a) If the grievance is not resolved at Step 1, the grievant or designated representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designated representative within 15 days following receipt of the decision at Step 1. The grievance form must contain the same information as the grievance filed at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written response and documents in support of the grievance. (b) The Agency Head or designated representative shall communicate a decision in writing to the grievant and the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Agency Head fails to respond within the time limit, it shall be deemed a denial. (c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the PBA representative, or the grievant or grievant’s representative, if not represented by PBA, may appeal the grievance to arbitration as provided in Article 6, Section 3(G)(4), below, within 15 days after receipt of the Step 2 decision.
