Common use of Continued Clause in Contracts

Continued. STEP 3: If the grievant is not satisfied with the disposition of the grievance by the Superintendent or designee, or if no disposition has been made within five (5) school days of such meeting, or ten (10) school days from the date of filing, whichever shall be later, within ten (10) school days the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks (whichever shall be later), may hold a hearing on the grievance, review such grievance in executive session or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made not later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. STEP 4: If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted within ten (10) days after the decision of the Board, or within ten (10) days of the date the Board’s decision was due, to arbitration before an impartial arbitrator by providing the Superintendent with written notice that the grievance is being submitted to arbitration. An arbitrator shall be selected by the American Arbitration Association in accordance with its rules that shall likewise cover the arbitration proceedings. The Board and the Association shall not be permitted to assert in any such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party, provided however, newly discovered evidence may be presented if it can be shown to the satisfaction of the arbitrator that such evidence was not discovered previously due to the neglect or failure of the offering party to exercise due diligence. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any Court of competent jurisdiction. F. Time limits in this Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. For purposes of this Article, the term “days” shall mean days when the District’s Central Office is open for business. G. If an individual teacher has a personal complaint which the teacher desires to discuss with a supervisor, the teacher is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of this Agreement.

Continued. STEP 3: If Upon receipt of the grievant is not satisfied with list of arbitrators, the disposition arbitrator shall be chosen by allowing each party, in turn, to strike out one (1) name until only one (1) name remains. 21.3.5.3 The parties will share equally the real costs (after reimbursement for mandated costs) of the fees and expenses of the arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 21.3.5.4 Within forty-five (45) calendar days after final submission of the grievance by to the Superintendent or designeearbitrator, or if no disposition has been made within five (5) school days he/she shall present his/her written decision to the grievant and the District. In the case of such meeting, or ten (10) school days from issues subject to binding arbitration the date of filing, whichever decision shall be laterfinal and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, within ten (10) school days either the grievance shall be transmitted grievant or the District may appeal the advisory decision of the arbitrator to the Board by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two Trustees within thirty (2) calendar weeks (whichever shall be later), may hold a hearing on the grievance, review such grievance in executive session or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made not later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. STEP 4: If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted within ten (1030) days after the decision receipt of the Board, or within ten (10) days of the date the Board’s decision was due, to arbitration before an impartial arbitrator by providing the Superintendent with written notice that the grievance is being submitted to arbitrationsuch advisory decision. An arbitrator shall be selected by the American Arbitration Association in accordance with its rules that shall likewise cover the arbitration proceedings. The Board and the Association shall not be permitted to assert in any such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party, provided however, newly discovered evidence may be presented if it can be shown to the satisfaction of the arbitrator that such evidence was not discovered previously due to the neglect or failure of the offering party to exercise due diligence. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any Court of competent jurisdiction. F. Time limits in this Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any partyThereafter, the Board of Trustees shall use its best efforts to process such grievance prior to make the end of the school term or as soon thereafter as possible. For purposes of this Article, the term “final decision within forty-five (45) days” shall mean days when the District’s Central Office is open for business. G. If an individual teacher has a personal complaint which the teacher desires 21.3.5.5 The arbitrator will have no power to discuss with a supervisoralter, the teacher is free to do so without recourse to the grievance procedure. Howeveramend, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be presentchange, nor shall add to, or subtract from any adjustment of a grievance be inconsistent with the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. The parties reserve their rights to appeal the arbitrator's decision pursuant to applicable law.

Continued. STEP 3: If the grievant is not satisfied with the disposition of the grievance by the Superintendent or designee, or if no disposition has been made within five (5) school days of such meeting, or ten (10) school days from the date of filing, whichever shall be later, within ten (10) school days the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks (whichever shall be later), may hold a hearing on the grievance, review such grievance in executive session or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made not later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. STEP 4: If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted within ten (10) days after the decision of the Board, or within ten (10) days of the date the Board’s decision was due, to arbitration before an impartial arbitrator by providing the Superintendent with written notice that the grievance is being submitted to arbitration. An arbitrator shall be selected by the American Arbitration Association in accordance with its rules that shall likewise cover the arbitration proceedings. The Board and the Association shall not be permitted to assert in any such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party, provided however, newly discovered evidence may be presented if it can be shown to the satisfaction of the arbitrator that such evidence was not discovered previously due to the neglect or failure of the offering party to exercise due diligence. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any Court of competent jurisdiction. F. Time limits in this Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. For purposes of this Article, the term “days” shall mean days when the District’s Central Office is open for business. G. ▇. If an individual teacher has a personal complaint which the teacher desires to discuss with a supervisor, the teacher is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of this Agreement.

Continued. STEP 3: If Upon receipt of the grievant is not satisfied with list of arbitrators, the disposition arbitrator shall be chosen by allowing each party, in turn, to strike out one (1) name until only one (1) name remains. 21.3.5.3 The parties will share equally the real costs (after reimbursement for mandated costs) of the fees and expenses of the arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 21.3.5.4 Within forty-five (45) calendar days after final submission of the grievance by to the Superintendent or designeearbitrator, or if no disposition has been made within five (5) school days he/she shall present his/her written decision to the grievant and the District. In the case of such meeting, or ten (10) school days from issues subject to binding arbitration the date of filing, whichever decision shall be laterfinal and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, within ten (10) school days either the grievance shall be transmitted grievant or the District may appeal the advisory decision of the arbitrator to the Board by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two Trustees within thirty (2) calendar weeks (whichever shall be later), may hold a hearing on the grievance, review such grievance in executive session or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made not later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. STEP 4: If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted within ten (1030) days after the decision receipt of the Board, or within ten (10) days of the date the Board’s decision was due, to arbitration before an impartial arbitrator by providing the Superintendent with written notice that the grievance is being submitted to arbitrationsuch advisory decision. An arbitrator shall be selected by the American Arbitration Association in accordance with its rules that shall likewise cover the arbitration proceedings. The Board and the Association shall not be permitted to assert in any such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party, provided however, newly discovered evidence may be presented if it can be shown to the satisfaction of the arbitrator that such evidence was not discovered previously due to the neglect or failure of the offering party to exercise due diligence. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any Court of competent jurisdiction. F. Time limits in this Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any partyThereafter, the Board of Trustees shall use its best efforts to process such grievance prior to make the end of the school term or as soon thereafter as possible. For purposes of this Article, the term “final decision within forty-five (45) days” shall mean days when the District’s Central Office is open for business. G. If an individual teacher has a personal complaint which the teacher desires 21.3.5.5 The arbitrator will have no power to discuss with a supervisoralter, the teacher is free to do so without recourse to the grievance procedure. Howeveramend, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be presentchange, nor shall add to, or subtract from any adjustment of a grievance be inconsistent with the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. The parties reserve their rights to appeal the arbitrator's decision pursuant to applicable law. 22.1 Unit members and/or AFT safety representatives shall report any unsafe conditions that they know to exist to the unit member’s immediate supervisor or the designated site safety officer. Failure to report such an unsafe condition does not negate the District’s obligation to provide a safe working environment as provided by law. A safe working environment refers to any and all conditions affecting the health or safety of District unit members, students or the general public while present on District operated facilities. 22.2 Unit members shall not be required to work under conditions in which a clear and present danger to their health or safety exists. 22.3 The District agrees to provide the appropriate and required safety equipment as determined by OSHA or County Department of Environmental Health standards to unit members necessary for the safe performance of their job duties.

Continued. STEP 3: If b. Failure of the District or Board to communicate the decision at any step of this procedure within the specified time limit shall permit it to be advanced automatically to the next step. c. Failure of the grievant is not satisfied to appeal the action taken at the previous step within the specified time limit shall mean that the grievance has been resolved in accordance with the disposition District's last answer. d. Time limits set forth herein may be extended by mutual agreement. e. Only the Association or District may submit a matter to arbitration. No Employee may submit a matter to arbitration without the Association signing the document submitting the matter to arbitration. f. The Association shall have the right to be present at any meetings called by the supervisor, Business Manager, Director of Human Resources/Superintendent, or the Committee of the grievance Board, assuming such a meeting is scheduled. 5.4 The District and the Association agree to abide by the Superintendent or designeeprovisions of Article IX, or if no disposition has been made Section 903, of Act 195, and shall meet within five (5) school days of such meeting, or the ten (10) school working days following receipt of the notice from the date Association of filingits intent to submit the matter to binding arbitration to select a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator at this meeting, whichever the party seeking arbitration shall be later, within ten (10) school days the grievance shall be transmitted submit a request to the Board by filing PA Bureau of Mediation for a written copy thereof with the Secretary or other designee list of the Boardarbitrators. The Board, no later than its next regular meeting or two (2) calendar weeks (whichever shall be later), may hold a hearing on the grievance, review such grievance in executive session or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made not later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. STEP 4: If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted within ten (10) days after the decision of the Board, or within ten (10) days of the date the Board’s decision was due, to arbitration before an impartial arbitrator by providing the Superintendent with written notice that the grievance is being submitted to arbitration. An arbitrator shall be selected by the American Arbitration Association in accordance with its rules that shall likewise cover the arbitration proceedings. The Board District and the Association shall not be permitted to assert in any such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party, provided however, newly discovered evidence may be presented if it can be shown to the satisfaction of the arbitrator that such evidence was not discovered previously due to the neglect or failure of the offering party to exercise due diligence. Both parties agree to be bound by the award rules and procedures established by the PA Bureau of Mediation for the selection of an arbitrator. 5.5 The arbitrator selected shall have no power and agree that judgment thereon may be entered authority to add to, subtract from, or modify, in any Court of competent jurisdiction. F. Time limits in this Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any partyway, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. For purposes terms and provisions of this ArticleAgreement, or to make any decision which would require the term “days” shall mean days when the District’s Central Office commission of an act prohibited by law or which is open for business. G. If an individual teacher has a personal complaint which the teacher desires to discuss with a supervisor, the teacher is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment in violation of a grievance be inconsistent with the terms of this Agreement, and his or her decision shall be binding, except where enabling legislative action is required, in which case, it shall be binding only if such legislation is enacted, as provided for in Article IX, Section 903, of Act 195. 5.6 The selected arbitrator shall consider only the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) or question(s) not so submitted, nor shall observations or declarations of opinion not essential to the reaching of the determination be submitted. 5.7 In discipline and disciplinary discharge cases, the arbitrator shall be the sole adjudicator and review any penalties imposed on the employee and modify or amend the penalties if, in his opinion, the penalties are too severe. 5.8 Regardless of the outcome of any matter submitted to arbitration, costs thereof shall be borne by the District and the Association, share and share alike; such costs shall be limited to the arbitrator's fees and expenses.