Level Four. If the dispute is not resolved at Level Three, a hearing shall be held no later than the second regularly scheduled Committee meeting from the date of the reply at Level Three between the Association (it shall be limited to seven (7) persons designated by the Chairman of the Grievance Committee) and the Committee. If the second regularly scheduled Committee meeting is during July or August after the Level III response, efforts will be made to schedule the Level IV grievance hearing at the first regularly scheduled Committee meeting from the date of the reply at Level III. The Committee's answer shall be transmitted to the Association within ten (10) calendar days of the hearing at Level Four. 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 (l0) calendar days after the Level Four meeting, the Association may refer in writing within ten (l0) calendar days of the disposition under Level Four the unsettled grievance to arbitration. The Arbitrator shall be selected by 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 modify or alter the terms of this contract. The decision of the arbitrator shall be in writing and shall be rendered within thirty (30) calendar days after the hearing is declared closed. The decision shall be final and binding on both parties. The costs for services of the arbitrator shall be borne equally by the Committee and the Association. Except as stated below, no matter pertaining to a grievance procedure shall be included in a unit employee's personnel file unless so requested by the Unit employee. Except as stated below, all matters relating to any grievance shall be treated as confidential material and shall not be consulted in decisions regarding reemployment, promotion or transfer. Any material pertaining to charges brought or disciplinary action taken against a unit émployee will become part of the Unit employees personnel file unless recourse is taken to the grievance procedure in which case such material will not be so placed unless and until charges are substantiated in the process of the grievance.
Level Four. If the grievance has not been resolved at Level Three to the satisfaction of the Association, the Association may submit the grievance to binding arbitration by sending written notice of submission to arbitration to the District within ten (10) days after receipt of the Level Three response. Within ten (10) days after such written notice of submission to arbitration, the District and the Association will agree upon a mutually acceptable arbitrator. Said arbitrator will be bound by the Voluntary Rules of the American Arbitration Association. If the parties are unable to agree upon an arbitrator, the Association may submit the grievance to the American Arbitration Association for disposition in accordance with their rules. The arbitrator’s decision will be final, conclusively binding and in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues. The arbitrator will be without power or authority to make any decision which adds to, subtracts from or modifies the terms of this Agreement. The arbitrator may not award back pay or any other form of compensation beginning earlier than twenty (20) days prior to the filing of the written grievance at Level One. The arbitrator shall have the authority to award compensatory and other damages. The arbitrator’s written award will be submitted to the parties within thirty (30) days after the final submissions. The cost for the services of the arbitrator, including per diem expenses, if any, will be borne equally by the District and the Association.
Level Four. If the aggrieved professional employee is dissatisfied with the disposition of level three, the employee may appeal the grievance to the board of education within ten (10) school days after the completion of level three. The grievance shall be submitted in writing and sent to the clerk of the board of education. The board as a whole may choose to hear the grievance, or may appoint a hearing officer to hear the grievance and make a recommendation to the board. In either case, the board will render a decision on the grievance within thirty (30) days of the clerk’s receipt of the grievance, such decision becoming the final disposition of the grievance.
Examples of Level Four in a sentence
Such request may by made within five (5) days after the receipt of the disposition on Level Three or Level Four, whichever is appropriate.
If the aggrieved person is not satisfied with the disposition on Level Four or has chosen to submit the grievance directly from Level Three to Level Five, he/she may request the issue be submitted to arbitration.
Level Four If the aggrieved party is not satisfied with the disposition of his/her grievance at Level Three, he/she may continue the grievance with the Superintendent or his/her designee within five (5) days after the disposition at Level Three by completing Level 3 Formal Grievance Presentation Form and submitting it to the Superintendent or his/her designee.
More Definitions of Level Four
Level Four. If no decision is rendered within ten (10) days of the discussion, or if the written decision is unsatisfactory to the Association, the Association shall within five (5) days appeal same to the Board of Education by filing such written grievance along with the decision of the Superintendent or his/her designated agent with the officer of the Board in charge of drawing up the agenda for the Board's next regularly scheduled Board meeting. Upon proper application as specified in Level Three, the Board or its designee shall allow the Association to represent the grievant in a hearing at a meeting for which the grievant is scheduled. Within twenty five (25) days from the hearing of the grievance, the Board shall render its decision in writing with copies to the Association and the grievant(s). The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event, except with the express written consent of the Association, shall final determination of the grievance be made by the Board more than twenty five (25) days after the initial hearing. Level Five: Individual employees shall not have the right to process a grievance at Level Five.
Level Four. The Association shall be given an opportunity to present a brief summary of the issue(s) involved in the grievance at the next regularly scheduled Board meeting. Such presentation shall not include testimony and/or evidence. The Board of Education shall direct a committee of the Board to schedule a meeting for the purpose of a complete hearing of the grievance within ten (10) days of the Board meeting at which the grievance is introduced. The Board committee shall hear the grievance, allowing the Association and its representative an opportunity to present the facts and arguments surrounding the alleged violation(s) of the Agreement. Within ten (10) days of the hearing, the Board committee shall render a written recommendation to the full Board for action at its next regularly scheduled meeting. The Board may hold future hearings thereon or otherwise investigate the grievance, provided, however, that in no event except with the express written consent of the Association, shall final determination of the grievance be made by the Board of Education more than thirty (30) days after the initial hearing by the Board committee. A copy of the full Board of Education action shall be forwarded in writing to the Superintendent for permanent filing, the immediate supervisor, the grievant(s) and the Local Association President.
Level Four. If the grievance is not satisfactorily resolved within ten (10) working days after the grievant filed a grievance at Level Three, the grievant may submit the grievance to the Association and request submission to arbitration. The Association shall within ten (10) working days submit the grievance to the Arbitration Panel or return it to the grievant who may submit the grievance to the Panel at his/her cost. All costs of the arbitration shall be borne equally by both parties. Selecting the Arbitration Panel To create a panel, the Association shall select one person, the Board shall select one person, and those two persons shall within ten (10) days select a third person who shall serve as the panel's chairperson. Within ten (10) working days of selecting a chairperson, the panel shall respond in writing to the grievance. This response shall be final and binding on both parties.
Level Four. Individual teachers shall not have the right to process a grievance at Level Four.
Level Four. If the Association is not satisfied with the disposition of the grievance at LEVEL THREE, or the LEVEL THREE time limit expires without the issuance of the Committee’s written answer, then, the Association may submit this grievance to final and binding arbitration. If the demand for arbitration is not filed within two (2) weeks of the date of the School Committee’s LEVEL THREE reply, then the grievance will be deemed withdrawn. The procedures governing the arbitration process are set forth below:
Level Four. Binding Arbitration: If the Association is not satisfied with the disposition of the grievance at Level Three, the Association may request final and binding arbitration within fifteen
Level Four. If the Association is dissatisfied with the disposition of the grievance at Level Two or with results of Level Three the Association may file a demand for arbitration with the American Arbitration Association within twenty (20) days of the receipt of the answer at Level Two or the results of Level Three. The arbitrator shall be selected by the American Arbitration Association in accordance with its rules which will likewise govern the arbitration hearing. In accordance with the Public Employment Relations Act and the rules thereunder, either party may request mediation of a dispute involving the terms of this agreement through the Michigan Employment Relations Commission after a request for arbitration has been filed. The mediation shall be conducted pursuant to the rules of the Michigan Employment Relations Commission.