Level 5 Clause Samples

Level 5. An Employee at this level performs work above and beyond the skills of an Employee at Level 4.

Level 5. An employee at this level may also be known as a Director of Nursing. An employee at this level: • holds any other qualification required for working in an Aged Care or Home Care practice setting; and • is appointed as such by a selection process. In addition to the duties of an RN4, an employee at this level may perform the following duties: • being accountable for the standards of nursing care for the Facility and for coordination of the nursing service in the Facility; • participating as a member of the executive, being accountable to the executive team for the development and evaluation of nursing policy, and generally contributing to the development of wider policy; • providing leadership, direction and management in accordance with policies, philosophies, objectives and goals established through consultation with staff and in accordance with the directions of the Facility Manager (or similar) and the Board of Directors; • providing leadership and role modelling, in collaboration with others, particularly in the areas of staff selection, promotion of participative decision making and decentralisation of nursing management and generally advocating for the interests of nursing to the executive team; • managing the budget for nursing services; • ensuring that nursing services meeting changing needs of residents and/or clients through proper strategic planning; and • complying, and ensuring the compliance of others, with the code of ethics and legal requirements of the nursing profession.

Level 5. Requires 15 Semester Units The employee may utilize not more than six (6) academic units to meet this requirement.

Level 5. In the event that the grieving parties are not satisfied with a decision made at the School Board level, the grieving parties may request, within ten (10) days, that the Association refer the grievance for arbitration. The Association shall notify the Chair of the Board and the parties shall apply to the NH PELRB for a list of arbitrators within seven (7) days. Upon selection of a mutually agreed upon arbitrator said arbitrator shall hear the appeal, but have no power or authority other than to interpret and apply the articles of this Agreement. The arbitrator has no power to add to, subtract from, alter, or modify the articles or their intent. The arbitrator shall submit a decision in writing to both the Board and the grieving parties. It is understood that the decision shall not be binding, but advisory. It is further understood that any costs for arbitration shall be paid by both parties equally.

Level 5. If the Executive Committee of the Association, and the Board of Education shall be unable to resolve any grievance, and it shall involve an alleged ▇▇▇▇▇- tion of a specific article and/or section of this Agreement, it may within ten

Level 5. If the SMEA 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 to the Michigan Employment Relations Commission by the SMEA for mediation before an impartial mediator. Submission to mediation must be made within twenty (20) days after receipt of the Board's disposition.

Level 5. (a) Employees who have undertaken the employer's induction programme and who apply the skills acquired through successful completion of a Trade certificate level qualification in the production, distribution or stores functions according to the needs of the enterprise.

Level 5. If the Employee (or the Union, in case of Union grievances), is not satisfied with the disposition of the grievance at Level 4, the Union may, within thirty (30) calendar days after the decision of the Superintendent, notify the Superintendent and Council #25 of the demand for arbitration. If the Union and the Employer cannot mutually agree upon an arbitrator, the Union shall file a demand for arbitration with the American Arbitration Association within sixty (60) calendar days. 1. The decision of the arbitrator shall be final and conclusive and binding upon Employee, the Board and the Union. 2. Powers of the arbitrator are subject to the following limitations: a. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. b. He/she shall have no power to establish wage rates or to change wage rates. c. He/she shall have no power to interpret state or federal law. d. He/she shall not hear any grievance previously barred from the grievance procedures. e. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 3. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent. 4. If either part disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the arbitrator has first ruled upon the arbitrability of the grievance. In the event that a case is appealed to the arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. 5. More than one grievance may not be considered by the arbitrator at one time unless there is mutual written consent or the employer has consolidated grievances which arise out of and concern the same factual circumstances. 6. The cost of arbitration shall be borne equally by the parties, except each party shall assume its own cost for representation including any expense of witnesses. a. At arbitration, neither party may raise new defenses or grounds not previously raised or disclosed.

Level 5. Employees employed by the Employer on or after the 9th December 2007 with the appropriate level of training, including a supervisory course, who are appointed by the Employer to train, supervise and co-ordinate the work of kitchen, bar and/or restaurant Employees including maintenance of service and operational standards, preparation of operational reports and preparing staff rosters or an Employee who has the appropriate level of training including a supervisor's course and trains and co-ordinates the work of front office and/or other staff.