Level Five. If the grievance is not satisfactorily resolved by the decision of the Board, the Association may, within seven (7) days after receiving the Board's decision, request that the grievance be submitted to arbitration. The Association will submit a request for a list of arbitrators to the Bureau of Mediation within thirty (30) business days of the Board’s decision. The Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain commitment from said arbitrator to serve. If not, then parties shall strike from the Bureau of Mediation list. An arbitrator shall then be selected by striking names until one name remains according to the terms of Section 903 of Act 195. The decision of the arbitrator shall be final and binding upon the parties. Each case shall be considered on its merits and a collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. The arbitrator shall neither add to, subtract from, nor modify the provisions of this Agreement. The arbitrator shall be confined to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. All fees and expenses of the arbitrator shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case. Either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The district shall provide district release time for the Association President, Grievance Chair, or their designees and the grievant to attend grievance arbitration hearings. PROFESSIONAL RESPONSIBILITIES
Level Five. In the event that the grievance shall not have been satisfactorily disposed of at Level Four, or in the event that no decision has been rendered within ten (10) school days after the Level Four meeting, the administrators may within five (5) school days refer the unsettled grievance to arbitration. The arbitrator shall be selected by an Agreement between the parties. If the parties are unable to agree upon an arbitrator, the selection shall be made by the American Arbitration Association, in accordance with its Rules and Regulations. The arbitrator shall be without power or authority to make any decision either prohibited by law, or to add to, alter, or modify this Agreement. The decision of the arbitrator shall be in writing and shall set forth his findings of fact, reasoning and conclusions of the issue submitted. This decision shall be final and binding on the parties. The costs for the services of the arbitrator shall be borne equally by the Committee and the Administrators.
Level Five. If the Association so desires, it may, within ten (10) days after receipt of the Board’s written decision, refer the matter to mediation through the Michigan Employment Relations Commission.
Examples of Level Five in a sentence
If the grievance is not resolved within twenty (20) days, the grievance shall revert to Level Five.
Levels Three and Four require administrative credentials and Level Five is reserved for the superintendent of schools.
The board may also impose an administrative penalty of not less than $250 or more than $1,000 for each Level Five violation.
Level Five – AppealIf the aggrieved person is not satisfied with the disposition of the grievance at Level Four, the person may appeal to the Office of Civil Rights, US.
The request for such list shall be made by the District within five (5) days of the receipt of the Level Five appeal.
More Definitions of Level Five
Level Five. If at the end of ten (10) regular business days next following such presentation, the grievance shall not have been disposed of to the employee's satisfaction, the employee may, within five (5) regular business days thereafter, notify the President and Chairman in writing of the employee's desire to have the grievance presented to the School Committee. Within five (5) regular business days following receipt of any such notice, the grievance shall forthwith be presented in writing by the Association to the School Committee without amendments. The notification of advancement of a grievance to the School Committee level shall be addressed to the Chairperson of the School Committee and shall be delivered to the office of the Superintendent, clearly identified as a grievance on the outside of the envelope. The Committee shall hear the grievance at its next regularly scheduled meeting subject to any limitations imposed by the Open Meeting Law. That Law requires a posting of the Executive Session at least forty-eight (48) hours in advance of the meeting excluding Saturday, Sunday, and State recognized holidays. The aggrieved employee shall be at the meeting with the School Committee except in cases of undue hardship. If a special meeting of the School Committee must be called in order to hear such a grievance, the School Committee and the Association will jointly establish the date and time of the meeting. If the grievant is not present at the meeting, the grievance shall be deemed to be waived except in cases of illness or emergency involving the grievant, of which the Committee could not reasonably have been notified in advance.
Level Five. Level Five skiers are intermediates who are confident on easy blue runs and ski mostly parallel but may at times use the wedge to begin a turn or to stop. Level Five skiers may be cautious on intermediate trails that are slightly steep or icy. Level Six: Level Six skiers confidently make parallel turns on blue runs but do not ski many advanced trails. Level Six skiers use their poles to time turns. A Level Six skier is interested in learning to ski better on more challenging terrain.
Level Five. If the grievance is not satisfactorily resolved by the decision of the Board, the Association may, within seven (7) days after receiving the Board's decision, request that the grievance be submitted to arbitration. The Association will submit a request for a list of arbitrators to the Bureau of Mediation within thirty (30) business days of the Board’s decision. The Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain commitment from said arbitrator to serve. If the Board and the Association are unable to agree upon an arbitrator or unable to obtain such a commitment within seven (7) days, a request for a list of arbitrators shall be made to the Bureau of Mediation. An arbitrator shall then be selected by striking names until one name remains according to the terms of Section 903 of Act 195. If the selected arbitrator cannot or does not serve within fifteen (15) days of his notification, the last arbitrator stricken from the list may be notified to serve, if mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding upon the parties. Each case shall be considered on its merits and a collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. The arbitrator shall neither add to, subtract from, nor modify the provisions of this Agreement. The arbitrator shall be confined to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. All fees and expenses of the arbitrator shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case. Either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The district shall provide district release time for the Association President, Grievance Chair, or their designees and the grievant to attend grievance arbitration hearings. PROFESSIONAL RESPONSIBILITIES
Level Five. If this decision is not satisfactory, the USW may file the grievance with the Secretary of the Board in writing at least one week prior to the next regular Board meeting. The Board will place said grievance on the agenda at its next regular Board meeting, at which time the aggrieved employee(s) and a USW representative will be given an opportunity to be heard. The Board will render its decision, in writing, within seven (7) school days. Level Six: If the decision of the Board is not satisfactory to the USW the grievance may be submitted to a state mediator. The mediator shall submit his/her recommendation to both parties, which will not be binding on either party. The Board shall review their decision made at Level Five.
Level Five. If the grievance is not satisfactorily resolved by the decision of the Board, the Association may, within seven (7) days after receiving the Board's decision, request that the grievance be submitted to arbitration. Within seven (7) days of the request, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain commitment from said arbitrator to serve. If the Board and the Association are unable to agree upon an arbitrator or unable to obtain such a commitment within seven
Level Five. All other rights permitted by law.
Level Five. The Board of Education, or at its option, a committee thereof, will consider the grievance and set forth its decision in writing within forty (40) calendar days from the date it will have been filed with the Board Secretary. The Association shall be permitted five (5) members on the Association Committee but only three (3) shall be permitted to participate in the presentation of the grievance. The Association may have a Field Representative from the State organization present. The number of witnesses permitted to testify shall be mutually agreed upon. Attendance at all hearings shall be limited to those listed in this Agreement.