Common use of Formal Clause in Contracts

Formal. If the aggrieved person is not satisfied by the disposition of the appropriate Central Office Administrator, he/she may seek a hearing with the Superintendent or his/her designee within five (5) days after the written disposition in Level Three by completing Level Four of the Grievance Report Form in triplicate and submitting it to the Superintendent. Within the next five (5) days a hearing shall be arranged between the aggrieved and the Superintendent or his/her designee. The disposition of the Superintendent or his/her designee will be completed within ten (10) days of this meeting. LEVEL FIVE – FORMAL If the Association is not satisfied by the disposition made by the Superintendent or his/her designee, within five (5) days after the written disposition in Level Four, the Association may request a hearing before an arbitrator by completing Level Five of the Grievance Report Form. The Association’s request for arbitration shall be made within five (5) days following the disposition of the grievance in Level Four. The request for arbitration shall be made to the Superintendent. Within five (5) days following receipt by the Superintendent of the request for arbitration, the Association shall mutually petition to the American Arbitration Association to provide both parties with a list of fifteen (15) names from which an arbitrator will be selected by the alternate strike method. A second list of fifteen (15) names may be requested by either party. A toss of the coin shall determine who strikes first. Once the arbitrator has been selected, he/she shall proceed with the arbitration of the grievance pursuant to the current rules and regulations of the American Arbitration Association and this Article. If requested to do so by either party, the arbitrator shall determine in writing whether a grievance is arbitrable in concurrence with AAA Rules and Regulations. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties. The decision of the arbitrator shall be binding on the Association, its members, the employee or employees involved, and the Board of Education. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have any authority to rule contrary to the law of the State of Ohio. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. The costs of arbitration (including the arbitrator’s fee, the AAA fees, and any room fees) shall be borne by the losing party.

Formal. If the aggrieved person concern is not satisfied satisfactorily resolved, employees have recourse by submitting to their principal or supervisor a grievance in accordance with the disposition provisions of this article. The grievance must be filed within twelve (12) contract days of the appropriate Central Office Administrator, he/she may seek a hearing informal meeting with the Superintendent principal or his/her designee supervisor or within twelve (12) contract days of the date of the alleged violation if the informal discussion is not requested. (Revised 1993) When a grievance is initiated, it will be filed at the grievance level at which the alleged violation occurred. If the hearing officer, at which level the grievance has been filed. determines the grievance should be heard at a different level, that determination must be communicated to the grievant within five (5) contract days after from the written disposition in date that the grievance was originally filed. a. Level Three by completing l -The grievant will request a Level Four l grievance hearing within twelve (12) contract days immediately following the informal discussion, if held, of the Grievance Report Form act or condition which is the basis of the grievance. i. The grievant and the principal will discuss the grievance in triplicate and submitting it to the Superintendent. Within the next a scheduled conference held five (5) contract days a within receipt of the grievance. ii. Within ten (10) contract days after hearing shall be arranged between the aggrieved and grievance, the Superintendent principal or supervisor will communicate his/her designee. The disposition of decision in writing to the Superintendent or his/her designee will grievant and to the Association. b. Level II - If the matter is not resolved at Level l, the grievance must be completed submitted to the appropriate director within ten (10) contract days of this meeting. LEVEL FIVE – FORMAL If the Association is not satisfied following receipt by the disposition made by grievant of the Superintendent Level I decision. The grievance will be stated in writing and will set forth specifically the acts or his/her designeeconditions and the grounds on which the grievance is based, within and the Articles, personnel policies or personnel practices allegedly violated. i. The grievant and appropriate director will discuss the grievance in a scheduled conference held five (5) contract days after the written disposition in Level Four, the Association may request a hearing before an arbitrator by completing Level Five within receipt of the Grievance Report Form. The Association’s request for arbitration shall be made within five (5) days following the disposition of the grievance in Level Four. The request for arbitration shall be made to the Superintendentgrievance. ii. Within five (5) contract days following receipt by after hearing the Superintendent of the request for arbitrationgrievance, the Association shall mutually petition director will communicate his/her decision in writing to the American Arbitration Association to provide both parties with a list of fifteen (15) names from which an arbitrator will be selected by the alternate strike method. A second list of fifteen (15) names may be requested by either party. A toss of the coin shall determine who strikes first. Once the arbitrator has been selected, he/she shall proceed with the arbitration of the grievance pursuant grievant and to the current rules and regulations of Association. c. Level lII-Within five (5) contract days after receiving the American Arbitration Association and this Article. If requested to do so by either partyLevel lI decision, the arbitrator shall determine in writing whether a grievance is arbitrable in concurrence with AAA Rules and Regulationsgrievant may appeal the decision to the Superintendent. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall appeal will be in writing and identical to that filed at Level II; will be accompanied by a copy sent to all parties. The decision of the arbitrator shall be binding on decision at Level II; and, will clearly indicate the remedy sought. i. The Superintendent or designee will hear the appeal within ten (10) contract days of the receipt of the appeal. Both the Association and the Administration will present their positions by testimony and/or documentary evidence. ii. Within ten (10) contract days after the above referred meeting, the Superintendent or designee will communicate the decision in writing, together with any supporting reasons. to the principal, the director. the grievant and the Association, its members, the employee or employees involved, and the Board of Education. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have any authority to rule contrary to the law of the State of Ohio. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. The costs of arbitration (including the arbitrator’s fee, the AAA fees, and any room fees) shall be borne by the losing party.

Formal. a) Formal grievances not involving adverse actions, initially filed at the Informal stage and not adjusted to the satisfaction of the Employee(s) may, within ten (10) working days of the receipt of the written decision, be filed with the Office of the Deputy Administrator, Livestock & Poultry (L&P) Program or designee. The Employee(s) will submit the original grievance, in writing, with copies of all previous documents. b) Formal grievances involving adverse actions may be grieved, in writing, directly to the Office of the Deputy Administrator, L&P Program, within 20 working days of the occurrence of the action on which the grievance is based. c) The office of the Deputy Administrator, L&P Program, or designee, will issue a written decision attempting to resolve the grievance within 20 working days of its receipt. A copy of the written decision shall be provided to the President of the National Council 200. Step 4: Arbitration a) If the aggrieved person decision does not resolve the grievance to the satisfaction of the grievant, or if the decision is not satisfied issued within the stated time, the Union may invoke arbitration under the following conditions and stipulations: 1) The costs of the arbitrator and expenses shall be shared equally by the disposition Employer and the Union. Related charges for services not required by the arbitrator shall be shared equally, except neither Party shall be required to pay for such services if they do not wish to receive such services. 2) The venue of the appropriate Central arbitration will be determined by the Employer. The Union is entitled to the same number of representatives as the Employer. Travel time and expenses for Bargaining Unit Employees shall be paid in accordance with Article 4.5 b) Travel Time and Expenses. b) The arbitrator’s decision will be binding. However, either Party may file an exception to the arbitrator award with the Federal Labor Relations Authority (FLRA) under its regulations. c) To invoke arbitration, the Union shall serve written notice of such intent with the QAD Director or designee within 15 working days of the written decision of the Office of the Deputy Administrator, he/she may seek a hearing with L&P Program. 1) If arbitration is invoked, the Superintendent QAD Director or his/her designee shall within five (5) working days after from the written disposition in Level Three by completing Level Four request for arbitration, request the Federal Mediation and Conciliation Service (FMCS) to furnish the Parties a list of the Grievance Report Form in triplicate and submitting it seven (7) impartial persons qualified to the Superintendent. Within the next five (5act as arbitrators. 2) days a hearing shall be arranged between the aggrieved The Employer and the Superintendent Union representative shall meet or his/her designee. The disposition of the Superintendent or his/her designee will be completed within ten (10) days of this meeting. LEVEL FIVE – FORMAL If the Association is not satisfied confer by the disposition made by the Superintendent or his/her designee, telephone and/or other electronic means within five (5) working days after receipt of the list. To reach agreement upon one (1) of the listed arbitrators, they will each strike one (1) name from the list and shall repeat the procedure. The remaining individual shall be the duly selected arbitrator. d) The following method will be used to determine the order in which the Parties will strike names from the list of arbitrators: 1) If the date of the transmittal from FMCS is an odd number (e.g., May 17), then the Union will strike first, third and fifth and the Employer will strike second, fourth and sixth. 2) If the date of the transmittal from FMCS is even (e.g., May 18), then the Employer will strike first, third and fifth the Union will strike second, fourth and sixth. 3) If for any reason, either Party refuses to participate in the selection of an arbitrator, the remaining Party may choose an arbitrator from the above- mentioned list. e) The arbitrator will be requested to render a decision as quickly as possible but, in any event, not later than 30 calendar days after the written disposition in Level Four, the Association may request a hearing before an arbitrator by completing Level Five conclusion of the Grievance Report Formhearing unless the Parties mutually agree to extend the time limits. f) Questions of grievability/arbitrability will be submitted to the arbitrator for decisions prior to addressing the merits of the original grievance. The Association’s request for arbitration Any grievance filed where a question of grievability/arbitrability exists shall be made within five (5) days following the disposition of the grievance in Level Four. The request for arbitration shall be made amended to the Superintendent. Within five (5) days following receipt by the Superintendent of the request for arbitration, the Association shall mutually petition to the American Arbitration Association to provide both parties with a list of fifteen (15) names from which an arbitrator will be selected by the alternate strike method. A second list of fifteen (15) names may be requested by either party. A toss of the coin shall determine who strikes first. Once the arbitrator has been selected, he/she shall proceed with the arbitration of the grievance pursuant to the current rules and regulations of the American Arbitration Association and this Article. If requested to do so by either party, the arbitrator shall determine in writing whether a grievance is arbitrable in concurrence with AAA Rules and Regulations. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties. The decision of the arbitrator shall be binding on the Association, its members, the employee or employees involved, and the Board of Education. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented include that is proper within the limitations expressed herein. Nor shall the arbitrator have any authority to rule contrary to the law of the State of Ohio. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. The costs of arbitration (including the arbitrator’s fee, the AAA fees, and any room fees) shall be borne by the losing partyquestion.

Formal. a) Grievances initially filed at the Informal stage and not adjusted to the satisfaction of the employee(s) may, within 10 working-days of the receipt of the written decision, be filed with the Office of the Deputy Administrator, Livestock and Seed Program. b) The employee(s) will submit the original grievance, in writing, with copies of all previous documents. Suspensions and adverse or performance-based actions may be grieved, in writing, directly to the Office of the Deputy Administrator, Livestock and Seed Program, within 20 working-days of the occurrence of the action on which the grievance based. c) The office of the Deputy Administrator, Livestock and Seed Program, will issue a written decision attempting to resolve the grievance within 20 working-days of its receipt. A copy of the written decision shall be provided to the President of the National Meat Graders’ Council. Step 4: Arbitration: a) If the aggrieved person decision does not resolve the grievance to the satisfaction of the grievant, or if the decision is not satisfied issued within the stated time, the Union may invoke arbitration under the following conditions and stipulations: 1. The costs of the arbitrator and expenses shall be shared equally by the disposition Employer and the Union. Related charges for services not required by the arbitrator shall be shared equally, except neither party shall be required to pay for such services if they do not wish to receive such services. 2. The arbitrator’s decision will be binding. However, either party may file an exception to the arbitrator award with the Federal Labor Relations Authority under its regulations. b) To invoke arbitration, the Union shall serve written notice of such intent with the Division Director within 15 working-days of the appropriate Central written decision of the Office of the Deputy Administrator, he/she may seek a hearing with the Superintendent or his/her designee within five (5) days after the written disposition in Level Three by completing Level Four of the Grievance Report Form in triplicate Livestock and submitting it to the SuperintendentSeed Program. 1. Within the next five (5) days a hearing shall be arranged between the aggrieved and the Superintendent or his/her designee. The disposition of the Superintendent or his/her designee will be completed within ten (10) days of this meeting. LEVEL FIVE – FORMAL If the Association arbitration is not satisfied by the disposition made by the Superintendent or his/her designee, within five (5) days after the written disposition in Level Fourinvoked, the Association may request a hearing before an arbitrator by completing Level Five of the Grievance Report Form. The Association’s request for arbitration Division Director shall be made within five (5) 5 working-days following the disposition of the grievance in Level Four. The request for arbitration shall be made to the Superintendent. Within five (5) days following receipt by the Superintendent of from the request for arbitration, request the Association shall mutually petition Federal Mediation and Conciliation Service (FMCS) to furnish the American Arbitration Association to provide both parties with a list of fifteen (157 impartial persons qualified to act as arbitrators. 2. The Employer and the Union representative shall meet or confer by telephone within 5 working-days after receipt of the list. To reach agreement upon one of the listed arbitrators, they will strike one name from the list and shall repeat the procedure. The remaining individual shall be the duly selected arbitrator. c) The following method will be used to determine the order in which the parties will strike names from which the list of arbitrators: 1. If the date of the transmittal from FMCS is an odd number (e.g., May 17), then the Union will strike first, third and fifth and the Employer will strike second, fourth and sixth. 2. If the date of the transmittal from FMCS is even (e.g., May 18), then the Employer will strike first, third and fifth the Union will strike second, fourth and sixth. 3. If for any reason either party refuses to participate in the selection of an arbitrator, the remaining party may choose an arbitrator from the above-mentioned list. d) The arbitrator will be selected by requested to render a decision as quickly as possible but, in any event, not later than 30 days after the alternate strike method. A second list of fifteen (15) names may be requested by either party. A toss conclusion of the coin shall determine who strikes first. Once hearing unless the parties mutually agree to extend the time limits. e) Questions of grievability/arbitrability will be submitted to the arbitrator has been selected, he/she shall proceed with for decisions prior to addressing the arbitration merits of the original grievance. Any grievance pursuant to the current rules and regulations filed where a question of the American Arbitration Association and this Article. If requested to do so by either party, the arbitrator shall determine in writing whether a grievance is arbitrable in concurrence with AAA Rules and Regulations. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision grievability/arbitrability exists shall be in writing and a copy sent amended to all parties. The decision of the arbitrator shall be binding on the Association, its members, the employee or employees involved, and the Board of Education. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented include that is proper within the limitations expressed herein. Nor shall the arbitrator have any authority to rule contrary to the law of the State of Ohio. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. The costs of arbitration (including the arbitrator’s fee, the AAA fees, and any room fees) shall be borne by the losing partyquestion.

Formal. If Level V (Revised June 2, 2004) 9A In the aggrieved person is not satisfied by the disposition of the appropriate Central Office Administrator, he/she may seek a hearing with the Superintendent or his/her designee within five (5) days after the written disposition in Level Three by completing Level Four of the Grievance Report Form in triplicate and submitting it to the Superintendent. Within the next five (5) days a hearing shall be arranged between the aggrieved and the Superintendent or his/her designee. The disposition of the Superintendent or his/her designee will be completed within ten (10) days of this meeting. LEVEL FIVE – FORMAL If event the Association is not satisfied by with the disposition made by the Superintendent or his/her designeeresult at Level IV, it may, within five (5) days after the written disposition in Level Four, the Association may request a hearing before an arbitrator by completing Level Five of the Grievance Report Form. The Association’s request for arbitration shall be made within five (5) days following the disposition of the grievance in Level Four. The request for arbitration shall be made to the Superintendent. Within five (5) days following receipt by the Superintendent of the request for arbitration, the Association shall mutually petition to the American Arbitration Association to provide both parties with a list of fifteen (15) names from which an arbitrator will be selected by the alternate strike method. A second list working days of fifteen (15) names may be requested by either party. A toss completion of the coin shall determine who strikes first. Once the arbitrator has been selectedLevel IV proceedings, he/she shall proceed with the arbitration of submit the grievance pursuant to arbitration through the California State Mediation and Conciliation Service. (Revised June 2, 2004) 9B The Arbitration shall be limited solely to the current rules interpretation and regulations of the American Arbitration Association and this Article. If requested to do so by either party, the arbitrator shall determine in writing whether a grievance is arbitrable in concurrence with AAA Rules and Regulations. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties. The decision of the arbitrator shall be binding on the Association, its members, the employee or employees involved, and the Board of Education. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions application of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have any authority to rule contrary to the law of the State of Ohio. The arbitrator shall expressly confine himself/herself Agreement to the precise issue(s) submitted for arbitration. The arbitration and shall not determine any other issue(s). 9C The arbitrator shall have no power or authority to decide hear cases challenging any other of the following: 9C1 The termination of the services of a probationary employee. 9C2 The termination of services or failure to re-employ any employee to a position for which extra compensation is received. 9C4 The District's procedures for notification and dissemination of this Agreement. 9D In the event that the District has raised procedural objections at any level of the Grievance Procedure, the arbitrator shall rule on the procedural objections prior to proceeding to a hearing on the merits of the grievance. After a hearing on the merits of the grievance, the arbitrator shall render a written award which sets forth findings of fact, reasoning, and conclusions on the precise issue(s), submitted. 9D1 Where the District has made a judgment involving the exercise of discretion, the arbitrator shall review such decision solely to determine whether the decision has violated the Agreement and shall not substitute the arbitrator's judgment for that of the District. 9D2 The arbitrator shall not add to, subtract from, amend, modify or alter any provisions or procedures contained in this Agreement. 9D3 The arbitrator shall not issue statements of opinion or conclusions not essential to the determination of the issue(s) not so submitted. 9D4 The arbitrator's award may include restitution, financial reimbursement, or other proper remedy, except fines or penalties. 9E The arbitrator's decision shall be submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decisionthe District and CSEA for review and implementation. The arbitrator's award shall be binding on all parties and shall be implemented promptly. 9F The costs of the arbitration (proceeding, including the arbitrator’s fee, the AAA filing fees, fees and any room fees) the per diem charges of the arbitrator shall be borne equally by the losing partyparties. 9G Each party shall be responsible for the costs of presenting its case. If multiple grievances are filed for the same alleged contract violation, one (1) case shall be carried forward for resolution with the final decision applicable to all grievants. CSEA may choose the case. If the chosen grievant drops the claim, CSEA may substitute a like case for resolution.

Formal. If the aggrieved person grievance is not satisfied by resolved at Level I, the disposition of employee or the appropriate Central Office Administrator, he/she may seek a hearing with the Superintendent or his/her designee within five (5) days after the written disposition in Level Three by completing Level Four of the Grievance Report Form in triplicate and submitting it to the Superintendent. Within the next five (5) days a hearing shall be arranged between the aggrieved and the Superintendent or his/her designee. The disposition of the Superintendent or his/her designee will be completed within ten (10) days of this meeting. LEVEL FIVE – FORMAL If the Association is not satisfied by the disposition made by the Superintendent or his/her designeeUnion representative may, within five (5) working days of receipt of the supervisor’s answer, submit to the superintendent or his designee, a “written statement of grievance” signed by the employee. A copy shall be given to the supervisor involved at the time. The “written statement of grievance” shall name the employee involved, shall state the facts giving rise to the grievance, shall identify all provisions of the contract alleged to be violated by appropriate reference, shall state the contention of the employee and of the Union with respect to these provisions, and shall indicate the relief requested. Provisions in the contract not identified at this step may not be added later. The superintendent or his designee shall give the Union representative an answer in writing no later than ten (10) days after receipt of the written disposition in Level Fourgrievance. If further investigation is needed, additional time may be allowed by mutual agreement of the superintendent or his designee and the Union representative. Within ten (10) working days of receipt of the written response of the Superintendent/designee, the Association grievant may request that the Union refer the grievance to arbitration by giving written notice to the Union president. The Union officers shall give a hearing before an arbitrator by completing Level Five recommendation whether the grievance shall be arbitrated. No grievance shall be submitted to arbitration without the approval of the Grievance Report FormUnion. The AssociationWithin twenty (20) calendar days after receipt of the Superintendent/designee’s request written response, the Union shall file for arbitration shall be made within five (5) days following the disposition of the grievance in Level Four. The request for arbitration shall be made to the Superintendent. Within five (5) days following receipt by the Superintendent of the request for arbitration, the Association shall mutually petition to with the American Arbitration Association to provide both parties with a list of fifteen (15) names from which an Association. The arbitrator will shall be selected from a panel provided by the alternate strike methodAmerican Arbitration Association. A second list of fifteen (15) names may be requested by either party. A toss of the coin The arbitrator shall determine who strikes first. Once the arbitrator has been selected, he/she shall proceed conduct a hearing in accordance with the arbitration of the grievance pursuant to the current rules and regulations of the American Arbitration Association and this Article. If requested to do so by either party, the arbitrator shall determine in writing whether render a grievance is arbitrable in concurrence with AAA Rules and Regulations. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all partiesfollowing said hearing. The decision of the arbitrator shall be final and binding on the Association, its members, the employee or employees involved, and the Board of Educationall parties. The arbitrator shall not have the no authority or power to add to, subtract from, modifydisregard, change, alter or alter modify any of the provisions express terms of this collective bargaining contract. Relief for claims for improper payment of wages may be granted up to two (2) years prior to the date of the written filed grievance. Where a party has not met the time lines, nor add to, detract from or modify the language therein in arriving at arbitrator shall not award his/her decision concerning any issue presented that is proper within to the limitations expressed hereinparty missing the time lines; and relief shall be granted to the party who has been timely. Nor Forms for processing grievances shall be made available through the administrative offices and designated building representatives of the Union. The fees and expenses of the arbitrator have any authority to rule contrary to the law of the State of Ohio. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. The costs of arbitration (including the arbitrator’s fee, the AAA fees, and any room fees) shall be borne shared 50/50 by the losing partyUnion and the Board of Education.

Formal. Level Four A teacher or Association representative electing to submit the grievance to arbitration, must do so within 30 calendar days of receipt of the disposition from the Board. If the aggrieved person is grievant and the Association are not satisfied by the disposition of the appropriate Central Office Administrator, he/she may seek a hearing with the Superintendent or his/her designee within five (5) days after the written disposition in Level Three by completing Level Four of the Grievance Report Form in triplicate and submitting it to the Superintendent. Within the next five (5) days a hearing shall be arranged between the aggrieved and the Superintendent or his/her designee. The disposition of the Superintendent or his/her designee will be completed within ten (10) days of this meeting. LEVEL FIVE – FORMAL If the Association is not satisfied by the disposition made by the Superintendent or his/her designee, within five (5) days after the written disposition in Level Four, the Association may request a hearing before an arbitrator by completing Level Five of the Grievance Report Form. The Association’s request for arbitration shall be made within five (5) days following the disposition of the grievance in at Level Four. The request for arbitration shall be Three or if no disposition has been made to within the Superintendent. Within five (5) days following receipt by the Superintendent of the request for arbitrationestablished time period, the Association may submit the grievance to arbitration before an impartial arbitrator. If the parties cannot agree upon an arbitrator, the arbitrator shall mutually petition to the American Arbitration Association to provide both parties with a list of fifteen (15) names from which an arbitrator will be selected by the alternate strike methodAmerican Arbitration Association, in accordance with its rules, which will likewise govern the arbitration proceeding. A second list of fifteen (15) names may Neither the Employer nor the Association shall be requested by either permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. A toss It shall be the function of the coin shall determine who strikes first. Once the arbitrator has been selected, and he/she shall proceed with the arbitration be empowered, except as limited below, after due investigation, to make a decision in cases of alleged violation of the grievance pursuant to the current rules specific Articles and regulations sections of the American Arbitration Association and this Article. If requested to do so by either party, the arbitrator shall determine in writing whether a grievance is arbitrable in concurrence with AAA Rules and Regulations. Agreement. a. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent have no power to all parties. The decision of the arbitrator shall be binding on the Associationalter, its members, the employee or employees involved, and the Board of Education. The arbitrator shall not have the authority to add to, subtract from, modify, changedisregard, or alter modify any of the provisions terms of this collective bargaining contract, nor add to, detract from or modify the language therein in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have any authority to rule contrary to the law of the State of Ohio. Agreement. b. The arbitrator shall expressly confine himself/herself have no power to the precise issue(s) submitted for arbitration and establish salary scales or change any salary rate. c. The arbitrator shall have no authority power to decide rule on the termination of services or failure to re-employ any other issue(s) not so submitted teacher to him/her a position on the extra-curricular schedule. d. The arbitrator shall have no power to change any practice, policy or rule of the Board nor to submit observations substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule or declarations of opinion any action taken by the Board. e. In the event that a case is appealed to an arbitrator on which are not directly essential in reaching his/her decision. The costs of arbitration (including the arbitrator’s feehe has no power to rule, the AAA fees, and any room fees) it shall be borne referred back to the parties without decision or recommendation on its merits. Both parties agree to be bound by the losing partyaward of the arbitrator and that judgment thereon may be entered in any court of competent jurisdiction.