Level Four Clause Samples
Level Four. Within ten days after receiving the Board’s decision at Level Three, the Association may submit the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter to arbitration within this ten-day period. After such notification, the following procedure shall be followed:
a. The Association shall make a written request for the grievance’s arbitration by requesting the American Arbitration Association to submit to the parties the names of at least nine qualified arbitrators. The parties shall select the arbitrator according to the rules of the AAA.
b. Each party shall provide the other with a copy of its arbitration demand.
c. The arbitrator shall have no power to amend, subtract from, or add to this Agreement’s terms. The parties’ past practice in interpreting or applying this Agreement’s terms may only be relevant if the Agreement’s language is vague or ambiguous.
d. If either party claims before the arbitrator that a particular grievance fails to meet the test of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule on such claim and, if sustained, shall not proceed further except to render the decision based upon sustaining the claim. The arbitrator’s jurisdictional authority is defined as and limited to determining any grievance between the parties to the grievance which concerns compliance with any of this Agreement’s terms, as provided in Section A(I) of this Article, and submitted to the arbitrator pursuant to this Agreement’s terms. The arbitrator shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless the parties expressly agree otherwise in writing, the arbitrator is limited to hearing only one grievance upon its merits at any one hearing.
e. Neither party shall be permitted to assert in an arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. At least ten days before the arbitration hearing the parties shall disclose (and provide copies of if at all possible) all exhibits, and a list of witnesses to be called and the anticipated nature of their testimony.
f. The arbitrator’s decision on the grievance is binding and final.
g. The cost of arbitration shall be divided equally between the Board and the Association.
h. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the participant’s personnel file.
Level Four. A. If within ten (10) school days following the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10) school days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitrator.
B. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties.
C. The costs of the services of the arbitrator will be borne equally by the Board and the Association.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Level Four. If not resolved at Level Three, the grievance may be submitted to binding arbitration or to the New Hampshire Courts. The aggrieved, through an election of forum, must choose (in writing) either arbitration or the Courts (and in doing so is then precluded from attempting to follow the second route also). If the grievance is submitted to arbitration, the following procedure shall apply. The School Board shall be notified in writing within ten (10) days after the date of its decision that the grievance is being submitted for arbitration. The following procedure shall be used to secure the services of an arbitrator:
26.9.1 The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) days, the Public Employee Labor Relations Board (PELRB) will be notified and requested to submit a roster of persons qualified to function as arbitrator.
26.9.2 If the parties are unable to determine within ten (10) days of receipt of the list, a mutually satisfactory arbitrator, the PELRB may be requested by either party to designate an arbitrator.
26.9.3 The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by, and must comply with, all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be binding.
26.9.4 The School Board, the aggrieved, and the Association shall receive copies of the arbitrator's report. This shall be accomplished within thirty (30) calendar days of the completion of the arbitrator's hearing.
26.9.5 The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the School Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Level Four i. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may file the written grievance within ten (10) days of the Level Three response with the Board.
ii. Within five (5) days after receipt of the written grievance, the Board will meet with the aggrieved person in an effort to resolve it. The Board shall submit its decision in writing to the aggrieved person within five (5) days of the meeting.
Level Four. If SEIU/FPSU or the grievant is not satisfied with the disposition of the grievance at Level three, grievance may be submitted to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, FMCS and the Superintendent or designee must receive written notice that the grievance is proceeding to arbitration within thirty (30) days following receipt of the Level Three disposition, and that SEIU/FPSU or the grievant has submitted the grievance to arbitration within that time limit. The arbitrator shall have no power to add to, subtract from, modify, or alter the terms of this agreement. The arbitrator shall render his/her written decision within thirty (30) days or as soon as possible after the close of the hearing or after the deadline for filing post-hearing briefs and shall furnish a copy to the grievant, SEIU/FPSU and to the District.
Level Four. If the alleged grievance is not resolved to the satisfaction of the Association within twenty (20) calendar work days immediately ensuing the response at Level Three, the Association may submit the grievance in writing to arbitration provided that the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration:
a) Within ten (10) work days after written notice has been given by the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided.
b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association.
c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted.
d) The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law.
e) The arbitration hearing will be held within the District unless both parties agree to another designated p...
Level Four a. Within fourteen (14) days after receipt of the decision of the Superintendent or his/her designee, the grievance may be appealed, in writing, to the Board of Education. This level may be waived with mutual agreement of the parties.
b. At the next regularly scheduled Board meeting at least fourteen (14) days after delivery of the appeal, the Board of Education shall hear the grievance.
c. Within twenty-one (21) days after the hearing, the Board of Education shall communicate its decision in writing.
Level Four a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, he/she may within five duty days after a decision by the superintendent request in writing that the Association submit his/her grievance to arbitration. If the grievance is not submitted to arbitration within the above-stated time limit, the grievance shall be deemed to be waived and shall not be subject to further discussion or appeal. If any question arises as to whether a grievance involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will be ruled upon by the arbitrator before hearing the case.
b. The parties shall agree to a standing list of arbitrators who are mutually acceptable and who agree to be readily available. Cases appealed to arbitration shall be submitted to one of those arbitrators by mutual agreement of the parties.
c. If agreement on selection of a panel arbitrator cannot be reached, then within 10 duty days after such a written notice of a failure to agree, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association.
d. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will issue his/her decision not later than 10 days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statements and proofs are submitted to him/her. The arbitrator's recommendations will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without authority to make any recommendation beyond the terms of this Agreement. The recommendation of the arbitrator shall be binding upon both parties.
e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the Board and the Association. All other expenses will be paid by the party incurring them.
Level Four. Arbitration
Level Four. If the grievant and/or Association is not satisfied with the disposition of the grievance at Level Three, it may, within ten (10) days after the decision of the Board, file a demand for arbitration with the American Arbitration Association, in writing, and request the appointment of an arbitrator, who shall be selected by the American Arbitration Association in accordance with its rules.