Common use of Level Five – Formal Clause in Contracts

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.

Level Five – Formal. A. Within five (5) days after receipt of the written notice of the action taken by the Board grievance committee, if If the grievant is not satisfied with the disposition of the grievance at Level Four, he/she the grievant (through the Association) may make demand a written request hearing before an arbitrator. The grievant's demand for arbitration shall be submitted, in writing, 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 following the grievant’s receipt of the request Level Four disposition. Within ten (10) days following receipt by the Superintendent of the grievant's request for arbitration, the Board (or its designated representative) and the grievant for arbitration that the Association will appeal the decision to arbitration. B. The parties will jointly request a list of arbitrators from shall mutually petition the American Arbitration Association (AAA)) to provide both parties with a list of arbitrators. The selection of the arbitrator and the hearing shall be conducted selected in accordance with the rules and regulations Voluntary Labor Arbitration Rules of the AAA except that either party AAA. Once the arbitrator has been selected, the arbitration of the grievance shall proceed in accordance with the Voluntary Labor Arbitration Rules of the AAA. The arbitrator shall have the authority to consider only a single grievance, or several grievances involving a common question of interpretation or application. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may request be agreed upon. The decision shall be in writing and a copy shall receive a second list be sent to the Association and the Board. The decision of arbitrators. C. the arbitrator shall be 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 collective bargaining contractAgreement, nor add to, detract from, or modify the language therein in arriving at his/her decision concerning a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator arbitrator’s ruling and opinion shall expressly confine himself/herself be confined to the precise issue(s) submitted for arbitration to the arbitrator, and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit only include observations or declarations of opinion which that are not directly essential in to reaching his/her decision. D. the determination. The arbitrator shall in no way interfere with management prerogatives prerogative involving the Board’s Board discretion, nor limit or interfere in any way with the powers, duties, and responsibilities of the Board under its policies, applicable law 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 costs for arbitration shall be shared equally by the partiesBoard and the Association.

Level Five – Formal. A. Within five (5) days after receipt of the written notice of the action taken by the Board grievance committee, if If the grievant is not satisfied with the disposition of the grievance at Level Four, he/she the grievant (through the Association) may make demand a written request hearing before an arbitrator. The grievant's demand for arbitration shall be submitted, in writing, 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 following the grievant’s receipt of the request Level Four disposition. Within ten (10) days following receipt by the Superintendent of the grievant's request for arbitration, the Board (or its designated representative) and the grievant for arbitration that the Association will appeal the decision to arbitration. B. The parties will jointly request a list of arbitrators from shall mutually petition the American Arbitration Association (AAA)) to provide both parties with a list of arbitrators. The selection of the arbitrator and the hearing shall be conducted selected in accordance with the rules and regulations Voluntary Labor Arbitration Rules of the AAA except that either party AAA. Once the arbitrator has been selected, he/she shall proceed with the arbitration of the grievance in accordance with the Voluntary Labor Arbitration Rules of the AAA. The arbitrator shall have the authority to consider only a single grievance, or several grievances involving a common question of interpretation or application. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may request be agreed upon. The decision shall be in writing and a copy shall receive a second list be sent to the Association and the Board. The decision of arbitrators. C. the arbitrator shall be 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 collective bargaining contractAgreement, nor add to, detract from, or modify the language therein in arriving at his/her decision concerning a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himselfhis/herself her ruling and opinion 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 her, and shall only submit observations or declarations of opinion which that are not directly essential in to reaching his/her decision. D. the determination. The arbitrator shall in no way interfere with management prerogatives prerogative involving the Board’s Board discretion, nor limit or interfere in any way with the powers, duties, and responsibilities of the Board under its policies, applicable law 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 costs for arbitration shall be shared equally by the partiesBoard and the Association.