Common use of Level Five – Formal Clause in Contracts

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

Level Five – Formal. If the aggrieved person is not satisfied with the disposition at Level Four, he he/she may request that the Association submit the issue to arbitration. This request must be submitted sent to arbitration the Superintendent within five twenty (520) days after receipt of the written notice of the action taken by the BoardBoard of Education. No grievance may be submitted Failure to arbitration without file the consent appeal within twenty (20) days from receipt of the Unionwritten 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 Arbitrator shall be appointed by the Board of Education and the grievant, or their his/her designated representativesrepresentative, 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, 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 Either party may request a flip of a coin; the winner shall strike secondsecond list. The selection must be completed and mailed Information submitted to the Federal Mediation Arbitrator shall be confined to the information and Conciliation Service within seven (7) days from receipt positions related to the lower levels of the listgrievance 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, award which is inconsistent with the terms of the Agreement or contrary to law. The Arbitrator shall make his his/her report and recommendations to the aggrieved, the Superintendent, the Treasurer/CFO Treasurer of the Board of Education Education, and the President of the UnionOAPSE. His decision The said report shall be binding upon the partieswithin thirty (30) days of request for arbitration. Cost of the Arbitrator’s services shall be shared equally borne by the Board party which does not prevail in the decision of Education and the grievantArbitrator. Bellaire Local School District GRIEVANCE FORM OAPSE Local 250 EMPLOYEE’S NAME DATE OF ALLEGED GRIEVANCE _ Date The decision 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 Committeethe Arbitrator shall be binding upon all parties. A RTICLE VI -- CONFERENCE COMMITTEE

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 ▇▇▇▇▇ ▇▇▇ Local 250 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