Common use of Formal Level 4 Clause in Contracts

Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period above provided, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service postmark on the envelope in which the notice of appeal is mailed. 1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules of the American Arbitration Association, except to the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedence. Provided, however, that the parties reserve the right to waive or amend any of said rules by mutual agreement of the parties in writing. 2. During arbitration proceedings, neither party shall be permitted to assert any ground nor rely on any evidence not previously raised in writing at least two (2) weeks prior to the arbitration hearing. Provided, however, any ground or evidence first discovered through the course of the opposing parties’ testimony during the arbitration hearing may become part of the arbitration proceedings. 3. No individual shall have the right to appeal a grievance to arbitration without the express written authorization of the Association. 4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition shall be final and binding as to any grievance with regard to any of the following: a. The termination of any probationary employee, or failure to re-employ any probationary employee during his/her initial fifty (50) working day probationary period. b. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6. c. The substantive content of any performance evaluation. d. Any and all allegations of the employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or state administrative agency. Provided, however, that it is understood and agreed that the Association may assert alleged violations of such rights in any grievance as an alternative ground for relief, but that if such claims are rejected by the Board of Education, the exclusive remedy for such claims shall be the statutory procedures available at law for such claims under the applicable state or federal statutes. e. The powers of the Arbitrator are subject to the following conditions: i. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. ii. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide except concerning procedural matters. iii. The Arbitrator may not consider more than one grievance at the same time except upon expressed written mutual consent of the parties. iv. Where no monetary loss has been caused by action of the Board, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. v. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. 5. The fees and expenses of the Arbitrator shall be shared at the rate of fifty percent (50%) for the Board and fifty percent (50%) for the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense or witnesses called by the other.

Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period above providedprovided above, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of a written copy of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. The Demand for Arbitration shall also include specific statements of the reasons why the Association believes that the rationale articulated in the Board’s written disposition (as to each contract violation allegation in the grievance for which the Board has articulated a rationale for denial) is not correct or proper. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service service postmark on the envelope in which the notice of appeal is mailed. 1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules of the American Arbitration Association, except to the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedence. Provided, however, that the parties reserve the right to waive or amend any of said rules by mutual agreement of the parties in writing. 2. During arbitration proceedings, neither party shall be permitted to neither assert any ground nor rely on any evidence not previously raised in writing at least two (2) weeks prior to the arbitration hearing. Provided, however, any ground or evidence first discovered through the course of the opposing parties’ testimony during the arbitration hearing may become part of the arbitration proceedings. 3. No individual shall have the right to appeal a grievance to arbitration without the express written authorization of the Association. 4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition shall be final and binding as to any grievance with regard to any of the following: a. The termination of any probationary employee, or failure to re-employ any probationary employee during his/her initial fifty ninety (5090) working day probationary perioddays. b. Any matter for which the basis of grievance is not in the express terms of this Agreement. c. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6. c. The substantive content of any performance evaluation15.6. d. Any and all allegations of the employee violation of an employee’s rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or state administrative agency. Provided, however, that it is understood and agreed that the Association and/or the employee may assert alleged violations of such rights in any grievance as an alternative ground for relief, but that if such claims are rejected by the Board of EducationBoard, the exclusive remedy for such claims shall be the statutory procedures available at law for such claims under the applicable state or federal statutes. e. The substantive content of any performance evaluation. 5. The powers of the Arbitrator are subject to the following conditions: i. a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. ii. b. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide except concerning procedural matters. iii. c. The Arbitrator may not consider more than one grievance at the same time except upon expressed written mutual consent of the parties. iv. d. Where no monetary loss has been caused by action of the Boardboard, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. v. e. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. 56. The fees and expenses of the Arbitrator shall be shared at the rate of fifty percent (50%) for the Board and fifty percent (50%) for the AssociationBoard. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense or of witnesses called by the other.

Formal Level 4. (a) If the Association Union is not satisfied with the disposition of the grievance at Level 3 3, or if no disposition has been made within the period above provided, the Association may Union may, within twenty (20) work days thereafter, submit the grievance to binding arbitration before an impartial arbitrator. If the parties cannot more than fifteen (15) working days after receipt of the Board’s Level 3 disposition, (which shall be defined agree as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service postmark on the envelope in which the notice of appeal is mailed. 1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules arbitrator within five (5) work days following submission at Level 4, the Union may appeal the matter to the American Arbitration Association with a request for appointment of an arbitrator. Rules of the American Arbitration Association, except to Association shall govern the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedencearbitration proceeding. Provided, however, that Neither the parties reserve Employer nor the right to waive or amend any of said rules by mutual agreement of the parties in writing. 2. During arbitration proceedings, neither party Union shall be permitted to assert in such arbitration proceeding any ground nor or to rely on any evidence not previously raised in writing at least two (2) weeks prior disclosed to the arbitration hearing. Provided, however, any ground or evidence first discovered through other party. (b) The arbitrator shall have authority and jurisdiction only to interpret and apply the course provisions of this Agreement insofar as shall be necessary to the determination of the opposing parties’ testimony during merits of such grievance, but shall not have jurisdiction or authority to add to, to detract from or alter in any way the arbitration hearing may become part provisions of this Agreement. The arbitrator shall have no authority to consider or adjust any grievance not presented within the time limits above provided. Arbitrators shall have no authority to substitute their judgment for that of the Board as to the reasonableness of any practice, policy, rule, or other action taken by the Board, provided such practice, policy, rule or action is not contrary to the express terms of this Agreement. Bargaining unit members are required to follow this grievance/arbitration proceedings. 3procedure as the sole remedy for alleged violation of this Agreement by the Employer and may not process such grievance, or litigate the issues underlying or relating to such grievance, through any administrative or judicial procedure. No individual The arbitrator shall have no jurisdiction or authority concerning any claim or complaint filed pursuant to any administrative or judicial procedure until such action has been effectively withdrawn. The arbitrator shall have no authority whatsoever to consider or adjust any grievance concerning extension of a probationary employee's probationary period, or concerning layoff or dismissal of any probationary employee. Subject to the right to appeal a grievance to arbitration without limitations herein specified, the express written authorization decision of the Association. 4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition arbitrator shall be final and binding as to any grievance with regard to any of the following: a. The termination of any probationary employee, or failure to re-employ any probationary employee during his/her initial fifty (50) working day probationary periodbinding. b. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6. c. The substantive content of any performance evaluation. d. Any and all allegations of the employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or state administrative agency. Provided, however, that it is understood and agreed that the Association may assert alleged violations of such rights in any grievance as an alternative ground for relief, but that if such claims are rejected by the Board of Education, the exclusive remedy for such claims shall be the statutory procedures available at law for such claims under the applicable state or federal statutes. e. The powers of the Arbitrator are subject to the following conditions: i. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. ii. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide except concerning procedural matters. iii. The Arbitrator may not consider more than one grievance at the same time except upon expressed written mutual consent of the parties. iv. Where no monetary loss has been caused by action of the Board, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. v. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. 5. (c) The fees and expenses of for the Arbitrator arbitrator shall be shared at equally between the rate of fifty percent (50%) for the Board District and fifty percent (50%) for the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense or witnesses called by the other.

Formal Level 4. (a) If the Association Union is not satisfied with the disposition of the grievance at Level 3 ▇▇▇▇▇ ▇, or if no disposition has been made within the period above provided, the Association may Union may, within twenty (20) work days thereafter, submit the grievance to binding arbitration before an impartial arbitrator. If the parties cannot more than fifteen (15) working days after receipt of the Board’s Level 3 disposition, (which shall be defined agree as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service postmark on the envelope in which the notice of appeal is mailed. 1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules arbitrator within five (5) work days following submission at ▇▇▇▇▇ ▇, the Union may appeal the matter to the American Arbitration Association with a request for appointment of an arbitrator. Rules of the American Arbitration Association, except to Association shall govern the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedencearbitration proceeding. Provided, however, that Neither the parties reserve Employer nor the right to waive or amend any of said rules by mutual agreement of the parties in writing. 2. During arbitration proceedings, neither party Union shall be permitted to assert in such arbitration proceeding any ground nor or to rely on any evidence not previously raised in writing at least two (2) weeks prior disclosed to the arbitration hearing. Provided, however, any ground or evidence first discovered through other party. (b) The arbitrator shall have authority and jurisdiction only to interpret and apply the course provisions of this Agreement insofar as shall be necessary to the determination of the opposing parties’ testimony during merits of such grievance, but shall not have jurisdiction or authority to add to, to detract from or alter in any way the arbitration hearing may become part provisions of this Agreement. The arbitrator shall have no authority to consider or adjust any grievance not presented within the time limits above provided. Arbitrators shall have no authority to substitute their judgment for that of the Board as to the reasonableness of any practice, policy, rule, or other action taken by the Board, provided such practice, policy, rule or action is not contrary to the express terms of this Agreement. Bargaining unit members are required to follow this grievance/arbitration proceedings. 3procedure as the sole remedy for alleged violation of this Agreement by the Employer and may not process such grievance, or litigate the issues underlying or relating to such grievance, through any administrative or judicial procedure. No individual The arbitrator shall have no jurisdiction or authority concerning any claim or complaint filed pursuant to any administrative or judicial procedure until such action has been effectively withdrawn. The arbitrator shall have no authority whatsoever to consider or adjust any grievance concerning extension of a probationary employee's probationary period, or concerning layoff or dismissal of any probationary employee. Subject to the right to appeal a grievance to arbitration without limitations herein specified, the express written authorization decision of the Association. 4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition arbitrator shall be final and binding as to any grievance with regard to any of the following: a. The termination of any probationary employee, or failure to re-employ any probationary employee during his/her initial fifty (50) working day probationary periodbinding. b. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6. c. The substantive content of any performance evaluation. d. Any and all allegations of the employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or state administrative agency. Provided, however, that it is understood and agreed that the Association may assert alleged violations of such rights in any grievance as an alternative ground for relief, but that if such claims are rejected by the Board of Education, the exclusive remedy for such claims shall be the statutory procedures available at law for such claims under the applicable state or federal statutes. e. The powers of the Arbitrator are subject to the following conditions: i. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. ii. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide except concerning procedural matters. iii. The Arbitrator may not consider more than one grievance at the same time except upon expressed written mutual consent of the parties. iv. Where no monetary loss has been caused by action of the Board, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. v. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. 5. (c) The fees and expenses of for the Arbitrator arbitrator shall be shared at equally between the rate of fifty percent (50%) for the Board District and fifty percent (50%) for the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense or witnesses called by the other.

Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period above providedprovided above, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of a written copy of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. The Demand for Arbitration shall also include specific statements of the reasons why the Association believes that the rationale articulated in the Board’s written disposition (as to each contract violation allegation in the grievance for which the Board has articulated a rationale for denial) is not correct or proper. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service service postmark on the envelope in which the notice of appeal is mailed. 1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules of the American Arbitration Association, except to the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedence. Provided, however, that the parties reserve the right to waive or amend any of said rules by mutual agreement of the parties in writing. 2. During arbitration proceedings, neither party shall be permitted to neither assert any ground nor rely on any evidence not previously raised in writing at least two (2) weeks prior to the arbitration hearing. Provided, however, any ground or evidence first discovered through the course of the opposing parties’ testimony during the arbitration hearing may become part of the arbitration proceedings. 3. No individual shall have the right to appeal a grievance to arbitration without the express written authorization of the Association. 4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition shall be final and binding as to any grievance with regard to any of the following: a. The termination of any probationary employee, or failure to re-re- employ any probationary employee during his/her initial fifty ninety (5090) working day probationary perioddays. b. Any matter for which the basis of grievance is not in the express terms of this Agreement. c. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6. c. The substantive content of any performance evaluation. d. Any and all allegations of the employee violation of an employee’s rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or state administrative agency. Provided, however, that it is understood and agreed that the Association and/or the employee may assert alleged violations of such rights in any grievance as an alternative ground for relief, but that if such claims are rejected by the Board of EducationBoard, the exclusive remedy for such claims shall be the statutory procedures available at law for such claims under the applicable state or federal statutes. e. The substantive content of any performance evaluation. 5. The powers of the Arbitrator are subject to the following conditions: i. a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. ii. b. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide except concerning procedural matters. iii. c. The Arbitrator may not consider more than one grievance at the same time except upon expressed written mutual consent of the parties. iv. d. Where no monetary loss has been caused by action of the Boardboard, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. v. e. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. 5. The fees and expenses of the Arbitrator shall be shared at the rate of fifty percent (50%) for the Board and fifty percent (50%) for the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense or witnesses called by the other.

Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period above provided, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service postmark on the envelope in which the notice of appeal is mailed. 1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules of the American Arbitration Association, except to the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedence. Provided, however, that the parties reserve the right to waive or amend any of said rules by mutual agreement of the parties in writing. 2. During arbitration proceedings, neither party shall be permitted to assert any ground nor rely on any evidence not previously raised in writing at least two (2) weeks prior to the arbitration hearing. Provided, however, any ground or evidence first discovered through the course of the opposing parties’ testimony during the arbitration hearing may become part of the arbitration proceedings. 3. No individual shall have the right to appeal a grievance to arbitration without the express written authorization of the Association. 4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition shall be final and binding as to any grievance with regard to any of the following: a. The termination of any probationary employee, or failure to re-employ any probationary employee during his/her initial fifty (50) working day probationary period. b. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6. c. The substantive content of any performance evaluation. d. Any and all allegations of the employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or state administrative agency. Provided, however, that it is understood and agreed that the Association may assert alleged violations of such rights in any grievance as an alternative ground for relief, but that if such claims are rejected by the Board of Education, the exclusive remedy for such claims shall be the statutory procedures available at law for such claims under the applicable state or federal statutes. e. 5. The powers of the Arbitrator are subject to the following conditions: i. a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. ii. b. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide except concerning procedural matters. iii. c. The Arbitrator may not consider more than one grievance at the same time except upon expressed written mutual consent of the parties. iv. d. Where no monetary loss has been caused by action of the Board, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. v. e. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. 56. The fees and expenses of the Arbitrator shall be shared at the rate of fifty percent (50%) for the Board and fifty percent (50%) for the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense or witnesses called by the other.

Formal Level 4. If the Association is not satisfied with the disposition of the grievance at Level 3 or if no disposition has been made within the period above provided, the Association may submit the grievance to binding arbitration not more than fifteen (15) working days after receipt of the Board’s Level 3 disposition, (which shall be defined as placement of the written copy of said disposition in the Association President’s designated school mailbox for internal school communications). The Demand for Arbitration shall include a copy of the grievance, and shall identify which, if any, of the aspects of the grievance are not intended to be appealed to arbitration. Failure to timely file a demand for arbitration shall constitute a complete and permanent bar to arbitration or other appeal of the Board’s disposition and shall render the Level 3 disposition final and binding. The date of filing shall be defined as the date of the U.S. Postal Service postmark on the envelope in which the notice of appeal is mailed. 1. The arbitration proceedings, including the selection of the Arbitrator, shall be conducted pursuant to the rules of the American Arbitration Association, except to the extent those rules may be contradicted by any provision of this Agreement, in which case this Agreement shall take precedence. Provided, however, that the parties reserve the right to waive or amend any of said rules by mutual agreement of the parties in writing. 2. During arbitration proceedings, neither party shall be permitted to assert any ground nor rely on any evidence not previously raised in writing at least two (2) weeks prior to the arbitration hearing. Provided, however, any ground or evidence first discovered through the course of the opposing parties’ testimony during the arbitration hearing may become part of the arbitration proceedings. 3. No individual shall have the right to appeal a grievance to arbitration without the express written authorization of the Association. 4. The following are excluded from Level 4 (Arbitration) and the Level 3 Board disposition shall be final and binding as to any grievance with regard to any of the following: a. A. The termination of any probationary employee, or failure to re-employ any probationary employee during his/her initial fifty (50) working day probationary period. b. B. Reassignment of an employee to his/her former position during or upon completion of the “trial period” under Article 16.6. c. C. The substantive content of any performance evaluation. d. D. Any and all allegations of the employee rights created by or through the federal or state constitutions, federal or state laws, and/or rules, regulations or other provisions promulgated, administered or enforced by any federal or state administrative agency. Provided, however, that it is understood and agreed that the Association may assert alleged violations of such rights in any grievance as an alternative ground for relief, but that if such claims are rejected by the Board of Education, the exclusive remedy for such claims shall be the statutory procedures available at law for such claims under the applicable state or federal statutes. e. 5. The powers of the Arbitrator are subject to the following conditions: i. A. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. ii. B. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide except concerning procedural matters. iii. C. The Arbitrator may not consider more than one grievance at the same time except upon expressed written mutual consent of the parties. iv. D. Where no monetary loss has been caused by action of the Board, the Board shall be under no obligation to make monetary adjustments and the Arbitrator shall have no power to order one. v. E. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. 56. The fees and expenses of the Arbitrator shall be shared at the rate of fifty percent (50%) for the Board and fifty percent (50%) for the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense or witnesses called by the other.