Level Five – Formal Sample Clauses

The 'Level Five – Formal' clause establishes the highest level of escalation for resolving disputes or issues within a contractual relationship. At this stage, unresolved matters are typically referred to senior executives or may require formal procedures such as mediation, arbitration, or litigation. This clause applies when previous, less formal resolution steps have failed, ensuring that both parties have exhausted internal remedies before resorting to external or legal processes. Its core function is to provide a structured, final opportunity for resolution, thereby minimizing unnecessary legal action and promoting thorough internal problem-solving.
Level Five – Formal. A. Within five (5) days after receipt of the written notice of the action taken by the Board grievance committee, if the grievant is not satisfied with the disposition at Level Four, he/she may make a written request to the Association that the grievance be submitted to arbitration. The Association, if it so desires, shall notify the Superintendent in writing within ten (10) days of receipt of the request of the grievant for arbitration that the Association will appeal the decision to arbitration. B. The parties will jointly request a list of arbitrators from the American Arbitration Association (AAA). The selection of the arbitrator and the hearing shall be conducted in accordance with the rules and regulations of the AAA except that either party may request and shall receive a second list of arbitrators. C. 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. 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. D. The arbitrator shall in no way interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties, and responsibilities of the Board under its policies, applicable law and rules and regulations having the force and effect of law. E. The arbitrator shall submit his/her decision to the grievant, the Board grievance committee, the Superintendent, the treasurer of the Board of Education, and the president of the Association. His/her decision shall be binding upon the parties. The arbitrator’s decision shall be submitted within thirty (30) days of the hearing unless otherwise agreed by the parties. Cost of the arbitrator’s services shall be shared equally by the parties.
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Level Five – Formal a. If the grievant is not satisfied with the disposition at Level Four or if no written decision has been made within ten (10) workdays following the Level Four meeting, the grievant may, within ten (10) additional workdays, request in writing to the Association that the grievance be submitted to advisory arbitration. b. In the event the Association chooses to take the grievance to advisory arbitration, the Association and the Chancellor, or his or her designee, shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request through the California State Mediation and Conciliation Service’s automated Panel of Arbitrators Selection System (PASS) to generate a random list of arbitrators based on criteria indicated in the parties’ request. If the request does not specify the number of arbitrator names, a list of seven will be issued. Each party shall alternately strike a name until only one name remains. The order of striking shall be determined by lot. The remaining name shall be that of the arbitrator. If the arbitrator will not be available for the hearing within a reasonable time not to exceed sixty (60) days, the parties shall secure another list and repeat the selection unless they mutually agree to waive this time provision.
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Level Five – Formal. If the aggrieved person is not satisfied with the disposition at Level Four, he may request that the issue be submitted to arbitration within five (5) days after receipt of the written notice of the action taken by the Board. No grievance may be submitted to arbitration without the consent of the Union. The arbitrator shall be appointed by the Board of Education and the grievant, or their designated representatives, from a list submitted by the Federal Mediation and Conciliation Service. If the parties cannot agree on the selection of an arbitrator, a second list of seven names shall be requested from the Federal Mediation and Conciliation Service. The parties shall alternately strike a name from said list until a single name remains, who shall be the Arbitrator. The right to strike first is to be determined by a flip of a coin; the winner shall strike second. The selection must be completed and mailed to the Federal Mediation and Conciliation Service within seven (7) days from receipt of the list. The Arbitrator shall have no power to alter, add to, or subtract from the terms of the Agreement, nor make any award, which is inconsistent with the terms of the Agreement or contrary to law. The Arbitrator shall make his report and recommendations to the aggrieved, the Superintendent, the Treasurer/CFO of the Board of Education and the President of the Union. His decision shall be binding upon the parties. Cost of the Arbitrator’s services shall be shared equally by the Board of Education and the grievant. Bellaire Local School District GRIEVANCE FORM OAPSE Local 250 EMPLOYEE’S NAME DATE OF ALLEGED GRIEVANCE _ Date of Discussion Result of Discussion Signature Employee Supervisor Date Signature of Grievant Date Signature of Supervisor Date Signature of Grievant Date Signature of Superintendent Bellaire Local School District GRIEVANCE FORM OAPSE ▇▇▇▇▇ ▇▇▇ Date Signature of Grievant Date received Signature of Treasurer Date Signature of Board President Date Signature of Superintendent Date Signature of Treasurer Date Signature of Officer or Grievance Committee
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Level Five – Formal. If the aggrieved person is not satisfied with the disposition of Level Four, he/she may request that the issue be submitted to arbitration within five (5) days after receipt of the written notice of the action taken by the Board at Level Four. Notice of request for arbitration shall be submitted in writing to the Treasurer. The matter shall be submitted to an Arbitrator within ten (10) days after the request of either party. The Arbitrator shall be selected from the American Arbitration Association by their voluntary rules and regulations. The Arbitrator shall have the authority to hold hearings and to confer with any person deemed advisable in seeking to effect recommendations for resolving the disagreement. Within thirty (30) days after receiving the matter under dispute, the Arbitrator shall report recommendation for settlement to the representative of the Board, and the representative of the Association. His/her decision shall be binding upon the parties. Cost of the Arbitrator’s services shall be shared equally by the Board and the grievant.
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Level Five – Formal. 1. If the grievant is not satisfied with the disposition of the grievance at Level Four, the grievant (through the Association), within fifteen (15) days from the receipt of the Level Four answer, may request a hearing before an arbitrator. The grievant's request for arbitration shall be by certified mail with return receipt requested to the Superintendent. 2. Within ten (10) days following receipt by the Superintendent of the grievant's request for arbitration, the grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names from which an arbitrator will be selected by use of the voluntary rules of the American Arbitration Association. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. No claims that have not been raised in the previous levels may be raised at the arbitration. The decision of the arbitrator shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement. All expenses for the arbitrator shall be shared equally by the Board and the Association.
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Level Five – Formal. If the action taken by the Board does not resolve the grievance to the satisfaction of the grievant, the aggrieved employee may request that the Union submit the issue to arbitration. This request must be sent to the Superintendent within ten
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Level Five – Formal. If the action taken by the Board of Education does not resolve the grievance to the satisfaction of the employee, the aggrieved employee may request that the union submit the issue to arbitration. This request must be sent to the Superintendent or his/her designee by the Union within thirty (30) working days following the Level Three hearing. The arbitrator will be chosen from a list of seven (7) names furnished by the FMCS using the alternate strike method. Each party may request a second list. All other procedures relative to the hearing with the arbitrator will be in accordance with the rules and regulations of the FMCS. The arbitrator shall conduct the necessary hearing(s) and issue the decision within the time limit as agreed to by the Union, the Board and the arbitrator. A copy of the decision will be sent to the aggrieved employee and the Union President or his/her designee, the Treasurer and the Superintendent. The arbitrator will not have the authority to add to, subtract from, modify, change or alter any of the provisions of the Agreement, nor add to, detract from, or modify the language therein, in arriving at a decision in regard to the grievance. The arbitrator will be confined to those issues that have been presented and will have no authority to consider other issues thathave not been presented for arbitration. The decision of the arbitrator will be binding on both the board and the Union. The Board and the Union will share the costs of the arbitrator equally.
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Level Five – Formal. If the aggrieved is not satisfied with the disposition at Level Four, he/she may request that the Association submit the issue to arbitration. This request must be sent to the Superintendent within twenty (20) days after receipt of the written notice of the action taken by the Board of Education. Failure to file the appeal within twenty (20) days from receipt of the written notice of the Board’s action on said grievance shall be deemed a waiver of the right to appeal. Prior to the selection of an arbitrator, the parties may mutually agree to mediate the dispute. If this option is exercised, a mediator will be provided by the Federal Mediation and Conciliation Service (FMCS). If mediation does not produce a resolution, the arbitration process will resume and proceed in accordance with this Article. The Arbitrator shall be appointed by the Board of Education and the grievant, or his/her designated representative, from a list of seven (7) names submitted by the Federal Mediation and Conciliation Service. If the parties cannot agree on the selection of an arbitrator, the parties shall alternately strike a name from said list until a single name remains, who shall be the Arbitrator. Either party may request a second list. Information submitted to the Arbitrator shall be confined to the information and positions related to the lower levels of the grievance proceedings relative to the parties concerned. The Arbitrator shall have no power to alter, add to, or subtract from the terms of the Agreement, nor to make any award which is inconsistent with the terms of the Agreement or contrary to law. The Arbitrator shall make his/her report and recommendations to the aggrieved, the Superintendent, the Treasurer of the Board of Education, and the President of OAPSE. The said report shall be within thirty (30) days of request for arbitration. Cost of the Arbitrator’s services shall be borne by the party which does not prevail in the decision of the Arbitrator. The decision of the Arbitrator shall be binding upon all parties.
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Level Five – Formal. If the action taken by the Board does not resolve the Grievance to the satisfaction of the Employee, the aggrieved Employee may request that the Union Grievance Committee submit the issue to Arbitration. This request must be sent to the Superintendent by the Union Grievance Committee within ten (10) working days following the receipt of the decision of the Board. The Arbitrator will be chosen from a list of seven (7) names furnished by the Federal Mediation and Conciliation Service, or if mutually agreed upon, by the American Arbitration Association. All other procedures relative to the Hearing with the Arbitrator will be in accordance with the rules and regulations of the appropriate body. The Arbitrator shall conduct the necessary Hearing(s) and issue the decision within the time limit, as agreed to by the Union, the Board, and the Arbitrator. A copy of the decision will be sent to the aggrieved Employee, the Local Union President, the Treasurer, and the Superintendent. The Arbitrator will not have the authority to add to, subtract from, modify, change, or alter any of the provisions of the Agreement, nor add to, detract from, or modify the language therein in arriving at a decision in regard to the Grievance. The Arbitrator will be confined to those issues which have been presented and will have no authority to consider other issues which have not been presented for Arbitration. The decision of the Arbitrator will be in accordance with the law and will be binding.
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Related to Level Five – Formal

  • Level Five i. If the grievant is not satisfied with the disposition of the grievance at Level Four, the Association may submit the grievance to advisory arbitration not later than fifteen (15) school days after receipt of the decision by the Board. ii. Within ten (10) school days after such submission for arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator, either shall request the Public Employment Relations Commission to appoint an arbitrator. iii. The arbitrator shall confer with the representative of the Board and of the Association and shall proceed with a hearing and submit a written report in the shortest possible time setting forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of the Agreement. The decision of the arbitrator shall be advisory only to the Board and the Association. iv. The costs for the services of the arbitrator, including per diem expenses and actual necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same. v. If time is lost by any teacher due to arbitration proceedings necessitating the retention of a substitute, the Board of Education will pay only the cost of the substitute; the time lost by the teacher must either be without pay or charged to personal time; however, if the arbitrator subpoenas a teacher to attend the arbitration proceedings as a witness, this teacher shall not suffer loss of pay. vi. Notwithstanding the above, the parties agree that in not more than one (1) arbitration per contract year (non-cumulative) may be submitted to an arbitrator, whose decision shall be final and binding upon both parties. The Association shall have the right to designate which arbitration shall be so binding, provided such designation is made and communicated in writing prior to the commencement of the arbitration in question. The Association's choice shall be limited to a grievance which must have reached Level Two of the grievance procedure in any contract year governed by the agreement. vii. Notwithstanding the above, the parties agree that any dispute which involves a disagreement as to whether the health insurance benefits provided employees herein are equal to or better than the health insurance benefits heretofore provided employees through the New Jersey Public and School Employees Health Benefits Plan may be submitted to an arbitrator whose decision shall be final and binding on both parties.

  • Step III 21.5.1 If the employee desires to appeal the grievance to Step III, the employee shall indicate in writing the reason for the appeal and present it along with the original written grievance to the Municipal Employee Relations Officer or designee within ten (10) working days following receipt of the written decision at Step II. 21.5.2 Within ten (10) working days after receipt of the appeal to Step III, the Municipal Employee Relations Officer or designee shall schedule a meeting with the employee, the appropriate Union representative, and the Department Director or designee to discuss the matter. A written decision shall be given to the employee or the appropriate Employee Organization representative within ten (10) working days following the meeting. 21.5.3 If the decision of the Municipal Employee Relations Officer or designee is unsatisfactory, the appropriate Employee Organization representative may appeal the grievance to Step IV - Arbitration.

  • STEP II If the grievance is not resolved at Step I then the Association may refer the grievance to the superintendent or the superintendent’s official designee within ten (10) days after receipt of the Step I answer. The superintendent shall arrange with the Association representative for a meeting to take place within five (5) days of the superintendent’s receipt of the appeal. Each party may include in its representation such witnesses and counselors as it deems necessary. Within five (5) days of the meeting, the Association shall be provided with the superintendent’s written response, including the reasons for the decision.

  • Measuring EPP parameters Every 5 minutes, EPP probes will select one “IP address” of the EPP servers of the TLD being monitored and make an “EPP test”; every time they should alternate between the 3 different types of commands and between the commands inside each category. If an “EPP test” result is undefined/unanswered, the EPP service will be considered as unavailable from that probe until it is time to make a new test.

  • Step I 18.3.1.1 An employee may present the grievance orally either directly or through the Union representative to the immediate supervisor. The grievance must be presented within ten (10) working days following the event or events on which the grievance is based. The immediate supervisor shall make whatever investigation is necessary to obtain the facts pertaining to the grievance. Within ten (10) working days after receiving the oral grievance, the immediate supervisor shall give the employee an oral reply. 18.3.1.2 If the employee is not satisfied with the reply of his/her immediate supervisor, he/she may appeal the grievance to Step II.