Stage 4 Sample Clauses

Stage 4. If the Federation is not satisfied with the disposition at Stage 3, the Federation may submit a written appeal to the President of the Board of School Trustees within ten (10) working days of the receipt of the written disposition by the Superintendent or his/her authorized representative, or in the event the Superintendent or his/her authorized representative fails to issue a written disposition within the time limit, within thirty (30) working days of the appeal of the grievance to Stage 3. Upon written request to the President of the Board of School Trustees the Federation shall be entitled to a meeting with the Board to discuss the grievance prior to the Board’s final decision. The Board of School Trustees will review the grievance, make its decision, and notify the Federation at the earliest opportunity. The decision of the Board shall be final.

Stage 4. Dismissal

Stage 4. Arbitration a) After such hearing, if the unit member and/or Association are not satisfied with the decision at Stage 3, and the Association determines that the grievance is meritorious and appealing it is in the best interest of the school system, it may submit the grievance to arbitration by written notice to the Board of Education within fifteen (15) school days of the decision at Stage 3. b) Within fifteen (15) school days or less after such written notice of submission to arbitration, the Board of Education and the Association will agree upon a mutually acceptable arbitrator competent in the area of the grievance, and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will 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 in the selection of an arbitrator. c) The selected arbitrator will hear the matter promptly and will issue their decision not later than fourteen (14) calendar days from the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to them. The arbitrator’s decision will be in writing and will set forth their findings of fact, reasoning and conclusions on the issues. d) The arbitrator shall have no power or authority to make any decisions which require the commission of an act prohibited by law or which is violative of the terms of this Agreement. e) The decision of the arbitrator shall be final and binding upon all parties. f) The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the Board of Education and the Association.

Stage 4. Contract Performance Management

Stage 4. If the decision at Stage 3 does not resolve the grievance, the Union may, within ten (10) working days of the receipt of the decision, submit the matter to binding arbitration. The Union shall notify the Staff Relations Officer, in writing of such action.

Stage 4. If the grievance is still unresolved the aggrieved party may within fifteen (15) school days after receiving the statement of decision refer the grievance to binding arbitration by requesting that the American Arbitration Association propose the names of seven (7) arbitrators. A copy of such request shall be forwarded to the School Administrator or aggrieved party. a. Upon receipt of the names of the proposed arbitrators, a designee, of the Superintendent of Schools and the organization shall strike names from the list until one ultimately is designated as the arbitrator. b. The arbitrator's decision will be in writing and will set forth his/her findings, reasonings and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. The decision of the arbitrator shall be binding. The arbitrator shall have no power to alter, add to, or detract from the provisions of the agreement. c. The cost for the services of the arbitrator will be borne equally by the school board and the organization. d. The election to submit a grievance to arbitration shall automatically be a waiver of all other remedies or forums which otherwise could be available. e. The arbitrator's award shall not be contrary to any applicable provision of law, Regulation of the Commissioner of Education having the force and effect of law, Rule of the Board of Regents having the force and effect of law and/or any other applicable Rule having the force and effect of law. f. No arbitrator shall decide more than one grievance on the same hearing or series of hearings except by mutual agreement between the parties. g. The arbitrator's remedy shall extend only to the employee or group of employees who are a party to the grievance.

Stage 4. If the grievance is not satisfactorily resolved at Stage 3, the aggrieved party shall file the grievance with the Board of Education within five (5) days after receipt of the decision at Stage 3. Within thirty (30) days after receipt of the grievance, the Board shall hold a formal hearing at which each side will present its case with representation on both sides or neither side and with the opportunity for rebuttal from each side. Within five (5) days after this formal hearing, the Board will render its written decision.

Stage 4. If such meeting is unable to agree a resolution then the dispute shall be referred to an Expert where the meeting resolves that the dispute be referred to an Expert

Stage 4. The grievant shall, within ten (10) working days of the date the reply of Stage 3 of the grievance procedure was or should have been received, notify the Grievance Committee, in writing, of his desire to submit the matter to the Chief Administration Officer and the Board of Arbitration. It shall be the sole right of the Grievance Committee to determine whether a grievance shall proceed to arbitration.