Common use of Level Four Clause in Contracts

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. Within ten days after receiving a) If the Board’s decision aggrieved person is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within fifteen (15) school days after the Association first meeting with the Board, the aggrieved person may request in writing that the Chairman of the PR&R Committee submit the grievance to arbitration. The Association shall notify If the Board PR&R Committee determines that the grievance is meritorious, that it involves the interpretation, meaning or application of its intention any of the provisions of this Agreement, and that submitting it to arbitration is in the best interests of the Torrington School System, it may, by written notice to the Board, submit the matter grievance to arbitration within fifteen (15) school days after receipt of the decision at Level Three. Grievances which do not involve the interpretation, meaning or application of any of the provisions of this ten-day period. After Agreement may be processed through Level Three, but shall not be arbitrable. b) Within ten (10) school days after such notificationwritten notice of submission to arbitration, the following procedure Board and the PR&R Committee shall 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 obtain such a commitment within the specified period, a request for a list of arbitrators shall be followed: a. The Association shall make a written request for the grievance’s arbitration made by requesting either party to the American Arbitration Association to submit to the parties the names of at least nine qualified arbitrators(AAA) or other mutually agreed upon dispute resolution agency. The parties shall select the arbitrator according to be bound by the rules and procedures of the AAAAAA or other mutually agreed upon dispute resolution agency in the selection of an arbitrator. b. Each party shall provide the other with a copy of its arbitration demand. c. c) The arbitrator so selected shall have no power to amendhold hearings, subtract from, gather relevant facts and render a decision in accordance with AAA’s Voluntary Labor Arbitration Rules 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 those 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 another mutually agreed upon sustaining the claimdispute resolution agency. The arbitrator’s jurisdictional authority is defined as 's decision shall be in writing and limited to determining any grievance between shall set forth findings of fact, reasoning and conclusions on 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 termsissues submitted. The arbitrator shall not have be without power or authority to render a make any decision on which requires the commission of an act prohibited by law or which violates the terms of this Agreement. Arbitration of grievances involving the interpretation, meaning or application of any issue not submitted under these grievance procedures. Unless of the parties expressly agree provisions of this Agreement, shall be final and binding, except as otherwise in writing, the arbitrator is limited to hearing only one grievance upon its merits at any one hearingprovided by law. e. Neither party d) The costs for the services of the arbitrator, per diem expenses, if any, and actual and necessary travel and subsistence expenses, 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 borne equally between by 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. Within ten days after receiving If the Board’s decision Association is not satisfied with the disposition of the grievance at Level ThreeThree or if the grievant is not represented by the Association, the Association grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit. 1. The Association If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Board Grievant and the Association, in writing, that it disagrees as to the arbitrability 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 Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the AAAquestion of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits. b. Each party 2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall provide be borne by the other requesting Party in accordance with Florida Statutes. Requests for such information shall allow a copy reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of its requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration demandproceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party. c. 3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to amendadd to, subtract from, modify or add to this alter the terms of the Agreement’s terms. The parties’ past practice arbitrator will conduct a hearing, shall render his/her decision in interpreting or applying this Agreement’s terms may only be relevant if writing within (30) days after the Agreement’s language is vague or ambiguous. d. If either party claims before close of the arbitrator arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that a particular grievance fails to meet the test decision of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule be final and binding on such claim and, if sustained, shall not proceed further except to render the decision based upon sustaining the claimall Parties. The arbitrator’s jurisdictional authority is defined as fees and limited expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to determining any grievance between the parties withdraw or not to support the grievance which concerns compliance with any and so notifies all Parties in writing. In this case, the fees and expenses of this Agreement’s terms, as provided in Section A(I) of this Articlethe arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, 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 neither Party shall be permitted to assert in an arbitration proceeding any ground or to rely on any evidence not previously disclosed to responsible for 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 expense of witnesses to be called and by the anticipated nature of their testimonyother. 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. Within ten days after receiving If the Board’s decision aggrieved person is not satisfied with the disposition of the grievance at Level Two and either 1) the Board and the Association have not agreed upon facilitation at Level Three, or 2) facilitation at Level Three has been completed but has not resulted in resolution of the Association grievance, the Association, at the grievant's request, may submit the grievance to arbitrationrequest a hearing before an arbitrator. The Association request for arbitration shall notify be made within fifteen (15) school days following receipt of the disposition of grievance in Level Two, or if facilitation has been requested, within (15) school days following either the facilitation meeting or the Board’s rejection of the facilitation request at Level Three. The request for arbitration shall be by certified mail with return receipt requested to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Treasurer, the Board of or its intention to submit designated representative and the matter to arbitration within this ten-day period. After such notification, the following procedure grievant or his designated representative shall be followed: a. The Association shall make a written request for the grievance’s arbitration by requesting mutually petition the American Arbitration Association ("AAA") to submit provide both parties with a list of seven (7) names. Within five (5) days following receipt of the list of names from the AAA, the Board or its designated representative and the grievant or his designated representative shall attempt to the parties the names of at least nine qualified arbitrators. The parties shall select the arbitrator. If an 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 amendcannot be mutually agreed to, 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 he/she shall be permitted to assert in an arbitration proceeding any ground or to rely on any evidence not previously disclosed to selected by the alternate striking of names from the American Arbitration Association list by first one party, then the other party. At least ten days before When six (6) names have been stricken from the arbitration hearing list, the parties remaining name shall disclose (and provide copies be the arbitrator. The first party to strike a name from the list shall be decided by the flip of if at all possible) all exhibitsa coin. Once the arbitrator has been selected, he/she shall be immediately notified, and he/she shall conduct a list of witnesses to be called and the anticipated nature of their testimony. f. The arbitrator’s decision hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. If, and only to the extent that, the decision is limited to determining that there has been a violation, misinterpretation, or misapplication of a specific term of this Agreement, the decision of the arbitrator shall be binding and final. g. on both parties. The cost of arbitration the arbitrator shall be divided equally between fully paid by the Board and the Association. h. All documentslosing party, communications, and records dealing with the processing of a grievance which shall be filed separately from so determined by the participant’s personnel filearbitrator in his/her written report.

Level Four. Within ten days after receiving 1. If the Board’s decision aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no written decision has been rendered within ten (10) working days after he/she has met with the mediator, he/she or his/her designee may, within ten (10) working days after a decision by the mediator, request in writing that the Association submit his/her grievance to binding arbitration. The Association, by written notice to the Superintendent within fifteen (15) working days after receipt of the request from the aggrieved person, may submit the grievance to binding arbitration. 2. The In the event that the Association shall notify the Board of its intention chooses not to submit the matter grievance to arbitration within this ten-day period. After such notificationbinding arbitration, the following procedure grievant shall be followed:notified in writing with fifteen (15) working days after the receipt of the request. 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 arbitrators3. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) working days of the arbitrator according Association’s submission of the grievance to arbitration, submission of the grievance shall be made to the American Arbitration Association. In any event, the parties will then be bound by the rules and procedures of the AAA. b. Each party shall provide American Arbitration Association in the other with a copy selection of its arbitration demand. c. The arbitrator shall have no power to amendan arbitrator, 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, and the arbitrator shall first rule on such claim and, if sustained, shall not proceed further except to render under the decision based upon sustaining the claimVoluntary Labor Arbitration Rules of said Association. 4. The arbitrator’s jurisdictional decision will be in writing and will set forth his/her findings of fact, reasoning and conclusion on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is defined as and limited to determining any grievance between violative of the parties to the grievance which concerns compliance with any terms of this Agreement’s terms, as provided in Section A(I) nor shall the arbitrator have power to alter, amend, add to or subtract from any of the terms of this ArticleAgreement. 5. All costs for the services of the arbitrator, including but not limited to per diem expenses, travel and subsistence expenses, 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 any hearing room will be divided borne equally between by the Board and the Association. All other costs will be borne by the party incurring them. h. All documents, communications, and records dealing with the processing of a grievance 6. This agreement to binding arbitration shall be filed separately from for the participant’s personnel fileresolution of grievances as defined in this contract only and shall in no way be construed to mean agreement to it in any other proceeding.

Level Four. Within ten Arbitration 1. Only the ASSOCIATION shall have the right to appeal any grievance, as defined in Section 3.01 to arbitration. In the event it is claimed by the ADMINISTRATION that any matter filed as a grievance is not a grievance as defined in Section 3.01, such issue, as such, may be appealed to arbitration, with the arbitrator having the authority to rule on the arbitrability issue in addition to hearing any evidence or issuing any ruling on the merits of the dispute. 2. Notification of the intent of the ASSOCIATION to appeal a grievance to arbitration must be submitted in writing to the Superintendent thirty (30) days after receiving the Board’s decision at Mediation Conference under Level Three, Three or within seven (7) work days after the Association may submit written answer was given by the Superintendent under Level Two of the grievance procedure, otherwise the matter shall not be subject 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 ASSOCIATION will request for the grievance’s arbitration by requesting the American Arbitration Association to submit to provide the parties with a panel of arbitrators from which the names of at least nine qualified arbitrators. The parties shall can select the an arbitrator according to in accordance with the rules of the AAA. b. Each party shall provide American Arbitration Association. In the other with a copy of its arbitration demand. c. The event the parties are unable to select an 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 from any list provided by 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 ProcedureAmerican Arbitration Association, 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 ASSOCIATION shall not have the authority to render a decision on any issue not submitted under these grievance procedures. Unless independently designate an arbitrator but shall furnish the parties expressly agree otherwise in writing, additional lists until an arbitrator can be selected from a list furnished by the arbitrator is limited to hearing only one grievance upon its merits at any one hearingAmerican Arbitration Association. e. 3. Neither party shall will be permitted to assert in an any arbitration proceeding any ground or to rely on any evidence not previously fully disclosed to the other party. 4. At least ten days before The BOARD and the ASSOCIATION shall equally share the fees and expenses of the arbitrator and any expenses incidental to the arbitration hearing proceeding. Each, however, shall be responsible for the parties fees and expenses of its representative. 5. Unless contrary to law, the decision of the arbitrator shall disclose (be final and provide copies of if at all possible) all exhibitsbinding upon the BOARD, the ASSOCIATION, and a list of witnesses to be called and any Professional Staff Member involved in the anticipated nature of their testimonymatter. f. 6. The arbitrator’s decision on arbitrator shall not have the power to add to, subtract from, or modify this CONTRACT and shall only have the authority to interpret the provisions of this CONTRACT in light of applicable law as the same relate to the specific grievance is binding and finalappealed to arbitration. 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. Within ten days after receiving In the Board’s decision at event the grievant is not satisfied with the disposition of the grievance in Level Three, the Association may submit request arbitration by filing written notice of such request with the grievance Superintendent and not later than fifteen (15) calendar days from the date that the written disposition was given or should have been given in Level Three. Within seven (7) calendar days after receipt of notice of appeal to arbitration. The Association shall notify the Board of its intention to submit the matter to arbitration within this ten-day period. After such notificationLevel Four, the following procedure Association and the Superintendent or his designee, shall be followed: a. The Association shall make a written request for the grievance’s arbitration by requesting mutually petition the American Arbitration Association to submit to provide both parties with a list of seven (7) names from which an arbitrator can be selected by the parties the alternate strike method. A second list of seven (7) names of at least nine qualified arbitratorsmay be requested by either party. The parties shall select the arbitrator according to the rules A toss of the AAA. b. Each party coin shall provide the other with a copy of its arbitration demand. c. determine who strikes first. The arbitrator shall have no power to amend, subtract from, or add to this Agreement’s termshold the necessary hearing and issue a decision within such time as may be agreed upon. The parties’ past practice decision shall be in interpreting or applying this Agreement’s terms may only writing and a copy shall be relevant if sent to all parties present at 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 hearing. The decision of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule be binding on such claim andthe grievant, if sustained, shall not proceed further except to render the decision based upon sustaining Association and the claimBoard. The arbitrator’s jurisdictional authority is defined as and limited to determining any grievance between the parties to Neither the grievance which concerns compliance with nor any issue(s) raised therein shall be the subject of this Agreement’s terms, as provided in Section A(I) of this Article, and submitted to further proceedings before the arbitrator pursuant to this Agreement’s termsAvon Lake Municipal Civil Service Commission. The arbitrator shall not have the authority to render a add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement, nor add to, detract from or modify the language therein in arriving at his decision on 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 under these grievance proceduresto him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her decision. Unless the parties Except as expressly agree otherwise in writinglimited by this Collective Bargaining Agreement, 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. The arbitrator is limited specifically prohibited from making any decision, which is inconsistent with the terms of this Collective Bargaining Agreement or contrary to hearing only one grievance upon its merits at any one hearing. e. Neither party law. In prescribing relief, the arbitrator may not usurp the legal authority vested by statute in the Board or the Superintendent. The arbitrator shall be permitted to assert in an arbitration proceeding any ground or to rely rule on any evidence not previously disclosed question pertaining to whether he/she has the other legal or contractual authority to grant the relief sought if requested to do so by either 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 fees and expenses, and the grievance is binding and final. g. The cost of arbitration any hearing room, shall be divided equally between borne by the losing side of the arbitration. The arbitrator will be requested to specify who is the loser (the employee, the Association or the Board). It is specifically agreed by the Association and the Board and the Association. h. All documents, communications, and records dealing with the processing of a that this grievance procedure shall be filed separately from the participant’s personnel filesole remedy for a bargaining unit member who alleges a violation of the terms of this Agreement and shall prevail over Civil Service laws. Accordingly, the parties agree that neither the Avon Lake Civil Service Commission nor the State Personnel Board of Review shall have jurisdiction to hear appeals relating to matters, which are appropriately subject to resolution through this grievance procedure, including specifically discipline and discharge of any non- probationary employee.

Level Four. Within ten If the SCEA is not satisfied with the disposition of the grievance at Level Three on a grievance alleging a violation, misinterpretation or misapplication of this agreement, the SCEA shall, within five (5) work days after receiving the Board’s decision at Level Threereceipt, the Association may submit review the grievance and the answer and, if it desires, advise in writing the Superintendent of its desire to proceed to arbitration. The Within five (5) work days after receipt of the request for arbitration by the Superintendent, representatives of the Board and the Association shall notify the Board of its intention meet to submit the matter select an arbitrator. If they are unable to arbitration within this ten-day period. After such notificationagree on an arbitrator, the following procedure parties shall be followed: a. The Association shall make a written request for the grievance’s arbitration by requesting jointly petition the American Arbitration Association to submit to the parties the for a list of fifteen (15) names of at least nine qualified arbitrators. The parties shall select from which the arbitrator shall be selected according to the rules of the AAA. b. Each . Either party shall provide be entitled to request a second list. Once the other arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with a copy the rules and regulations of its arbitration demand. c. the American Arbitration Association. The arbitrator shall have no power authority to amend, subtract from, consider only a single grievance or add to this Agreement’s termsseveral grievances involving a common question of interpretation or application. The parties’ past practice arbitrator shall hold the necessary hearing promptly and issue the decision within thirty (30) calendar days or such time as may be agreed upon. Decisions shall be in interpreting or applying this Agreement’s terms may only be relevant if writing and a copy sent to all parties present at 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 hearing. The decision of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule be binding on such claim andthe Board, if sustainedthe administration, shall not proceed further except to render the decision based upon sustaining Association and 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 termsgrievant(s). The arbitrator shall not have the authority to render 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 a decision on determination of any issue issues 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 determine 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 the determination. 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 these grievance proceduresits policies, applicable law, and rules and regulations having the force and effect of law. Unless Costs for services of the parties expressly agree otherwise in writingarbitrator, the arbitrator is limited to hearing only one grievance upon its merits at any one hearing. e. Neither party including per diem expenses, if any, and necessary travel and subsistence expenses, shall be permitted to assert in an arbitration proceeding any ground or to rely on any evidence not previously disclosed to borne one-half (1/2) by the other losing party and one-half (1/2) by the winning 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. Within ten thirty (30) calendar days after receiving of the Board’s decision at receipt of the Level ThreeThree decision, the Association may may, upon written notice to the Superintendent, submit the grievance to advisory arbitration. The Association shall notify Within ten (10) working days after receipt of the Board of its intention to submit the matter to arbitration within this ten-day period. After such notificationdemand for arbitration, the following procedure parties shall be followed: a. The Association shall make mutually request from the Federal Mediation and Conciliation Service (FMCS), a written request for the grievance’s arbitration by requesting the American Arbitration Association to submit to the parties the names list of at least nine qualified seven (7) arbitrators. The parties shall set a meeting at a mutually agreeable time after receiving the list of arbitrators and attempt to agree on one (1) arbitrator. If the parties cannot agree upon an arbitrator, they shall select an arbitrator by alternately striking names from the list, with the Association striking the first name. The last name remaining on the list shall be the arbitrator. If the arbitrator according chosen is unable to serve, the parties shall request a new list from the FMCS and repeat the selection process as described above. There shall be no new issue, evidence, material, or allegation submitted by either party during the grievance process once a formal grievance is appealed to advisory arbitration. The superintendent, other administrative staff, Board attorney, and the Association shall meet not fewer than fourteen (14) calendar days prior to the rules date for any arbitration hearing. At said meeting, the parties will frame the issue(s) or question(s) to be arbitrated, if possible and if agreement is reached, put the issue(s) or question(s) into writing to be signed by each, and submitted jointly at the appropriate time to the arbitrator. In the event that the agreement on the issue(s) cannot be reached by the parties, the arbitrator shall resolve the matter by defining the issue(s), which will be dealt with at the hearing. Only the issues raised during the grievance procedure will be considered at said pre-arbitration meeting. The fees and expenses of the AAA. b. Each arbitrator shall be shared equally by the Association and the Board, and all other expenses shall be borne by the party shall provide the other with a copy of its arbitration demand. c. incurring them. The arbitrator shall have no power hold a hearing as soon as possible. Within thirty (30) calendar days of the date on which the record is closed by the arbitrator, said arbitrator shall submit to amendboth parties his/her recommendation, subtract from, or add to this Agreement’s termswhich shall be advisory only. The parties’ past practice Said advisory recommendation of the arbitrator shall be in interpreting or applying this Agreement’s terms may only writing and shall be relevant if signed by the Agreement’s language is vague or ambiguous. d. If arbitrator. In the event either party claims before the arbitrator that raises a particular grievance fails to meet the test threshold question of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule on the arbitrability of the grievance. With such claim and, if sustained, shall not proceed further except to render ruling by 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 arbitrator that 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 is not have authority to render a decision on any issue not submitted under these grievance procedures. Unless the parties expressly agree otherwise in writingarbitrable, the arbitrator is limited to hearing only one grievance upon its merits shall be deemed resolved by the answer rendered at any one hearing. e. Level Two. Neither party shall be permitted to assert in an arbitration proceeding any ground grounds or to rely on any evidence before the arbitrator, which was not previously disclosed to the other party. At least ten days before The arbitrator shall be without power or authority to alter, amend, disregard, or modify any of the arbitration hearing terms of this Agreement or to make any recommendation which would require commission of an act prohibited by law or which is violative of the parties shall disclose (and provide copies terms of if at all possible) all exhibits, and a list of witnesses to be called and the anticipated nature of their testimony. f. this Agreement. The arbitrator’s decision on the grievance is binding and final. g. The cost of arbitration powers shall be divided equally between the limited to advising on whether there has been a violation of any article or section of this contract or Board and the Association. h. All documents, communicationspolicy, and records dealing with the processing of providing a grievance shall be filed separately from the participant’s personnel filerationale for his/her recommendation.

Level Four. Within ten days after receiving a. If the Association is not satisfied with the grievance disposition by the Board’s decision at Level Three's Review Committee or if no disposition has been made within the period above provided, the Association grievance may submit the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter be submitted to arbitration within this ten-day period. After such notification, the following procedure shall be followed: a. The Association shall make by filing a written request Demand for the grievance’s arbitration by requesting Arbitration with the American Arbitration Association to submit to within ten (10) days after receipt of the parties decision of the names of at least nine qualified arbitratorsBoard Review Committee. The arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall also govern the arbitration proceeding. Both parties shall select will be bound by the arbitrator according to the rules arbitrator’s decision and judgment thereon may be entered in any court of the AAAcompetent jurisdiction. b. Each party shall provide A Demand for Arbitration will be filed no later than fifteen (15) days after the other with a copy of its arbitration demandgrievance disposition by the Board’s Review Committee. c. The arbitrator’s powers are subject to the following limitations: (1) The arbitrator shall have no power to amendadd to, subtract from, or add to modify any of the terms of this Agreement’s terms. (2) The arbitrator shall have no power to establish salary schedules. (3) The arbitrator shall have no power to change any practices, policies, or rules of the Board or substitute his/her judgment for that of this Board as to the reasonableness of any such policy, practice, rule, or other action taken by the Board. (4) The arbitrator shall have no power to decide any questions, which under this Agreement are within the responsibility of management to decide. The parties’ past practice in interpreting or applying In rendering decisions an Arbitrator shall give due regard to the responsibilities of management and shall construe the Agreement that there shall be no interference with such responsibilities, except as specifically limited by this Agreement’s terms may only be relevant if the Agreement’s language is vague or ambiguous. d. (5) The arbitrator shall have no power to interpret State or Federal law. (6) The arbitrator shall have no authority to issue a decision on the merits of a prohibited or illegal bargaining subject. (7) If either party claims before the arbitrator that a particular arbitrability of any grievance fails to meet the test of arbitrability, as set forth in this Grievance Procedureis disputed, 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 no jurisdiction to render a decision on any issue not submitted under these grievance proceduresthe merits until he/she has first made a ruling on the arbitrability issue. Unless By stipulation of the parties expressly agree otherwise in writingof the grievance, the arbitrator may concurrently hear both the jurisdictional issues and the merits of that dispute in the same proceeding. If the arbitrator determines that he/she is limited without jurisdiction to hearing only one grievance upon its merits at any one hearing. e. Neither party rule, the matter 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 dismissed without decision on the grievance is binding and finalmerits. g. The cost (8) After the arbitrator is selected, the case may not be withdrawn except by the parties’ mutual consent. (9) Not more than one grievance may be considered by the arbitrator at the same time except with the parties’ written mutual consent and then only if the grievances are of arbitration similar nature. d. Within ten (10) days after receipt of the invoice, the fees and expenses of the arbitrator and the American Arbitration Association shall be divided shared equally between by the Board and the Associationparties. 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. Within ten If the SEA is not satisfied with the disposition of the grievance at Level Three on a grievance alleging a violation, misinterpretation or misapplication of this Agreement, the SEA shall, within five (5) work days after receiving receipt of the Board’s decision at Level ThreeThree decision, review the grievance and the answer and, if it desires advise in writing the Superintendent of its desire to proceed to binding arbitration by an outside arbitrator in accordance with the Rules of the American Arbitration Association. Within five (5) days after receipt of the request for arbitration by the Superintendent, representatives of the Board and the Association shall meet to select an arbitrator. If they are unable to agree on an arbitrator, the Association may submit the grievance to arbitration. The Association parties 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 jointly petition the American Arbitration Association to submit to the parties the for a list of seven (7) names of at least nine qualified arbitrators. The parties shall select from which the arbitrator according shall be selected by the alternate strike method. Either party shall be entitled to request a second list. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the AAA. b. Each party shall provide the other with a copy of its arbitration demand. c. American Arbitration Association. The arbitrator shall have no power authority to amend, subtract from, consider only a single grievance or add to this Agreement’s termsseveral grievances involving a common question of interpretation or application. The parties’ past practice only alleged contract violations which may be considered by the Arbitrator are violations specifically and expressly referenced by citation to the Article and Section of this Agreement in interpreting the written grievance. The arbitrator shall hold the necessary hearing within thirty (30) calendar days or applying this Agreement’s terms such time as may only be relevant if agreed upon. Decisions shall be in writing and a copy sent to all parties present at 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 hearing. The decision of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule be binding on such claim andthe Board, if sustainedthe administration, shall not proceed further except to render the decision based upon sustaining Association and 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 termsgrievant(s). The arbitrator shall not have the authority to render 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 a decision on determination of 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 determine any other issues(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. 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 these grievance proceduresits policies, applicable law, and rules and regulations having the force and effect of law. Costs for services of the arbitrator, including per diem expenses, if any, and necessary travel and subsistence expenses, shall be borne one-half (1/2) by the losing party and one-half by the winning party. Unless the parties expressly agree otherwise in writinga Memorandum of Understanding or other settlement document provides otherwise, the arbitrator party who cancels a scheduled arbitration hearing shall bear the entire fee, if any, for the cancellation. It is limited the mutual desire of the SEA and the Board of Education to hearing only one grievance upon its merits at any one hearing. e. Neither party shall be permitted to assert avoid unnecessary expenditures 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 process. Accordingly hearing(s) will be held alternately at the parties shall disclose (and provide copies OEA office or the Shawnee Board of if at all possible) all exhibits, and a list of witnesses to be called and the anticipated nature of their testimonyEducation facilities. 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. Within ten days after receiving If the Board’s decision aggrieved bargaining unit member is not satisfied with the disposition at Level Three, he/she may request, through the Association may submit Association, that the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter issue be submitted to arbitration within this ten-day five (5) days after receipt of the written notice of the action taken by the Superintendent. From the date that the letter from the Association President is received by the Superintendent, no arbitration shall take place for a period of sixty (60) days. During that time period, mediation may take place. After such notificationIf mediation is utilized, the mediator will be provided by the Federal Mediation and Conciliation Service (FMCS). Once mediation has occurred, the parties may agree to waive the sixty days and proceed with the arbitration process. Within five (5) days following procedure shall be followed: a. The receipt by the President of the grievant’s request for arbitration, the Board or its designated representative and the Association shall make a written request for the grievance’s arbitration by requesting mutually petition the American Arbitration Association to submit to provide both parties with a list of seven (7) names from which an arbitrator will be selected by the parties the names of at least nine qualified arbitrators. The parties shall select the arbitrator according to alternate strike method and notified in accordance with the rules of the AAA. b. Each American Arbitration Association. The toss of a coin will determine who strikes first. Either party has the right to request a second list. Once the arbitrator has been selected, he or she shall provide proceed with the other arbitration on the grievance in accordance with a copy the Voluntary Labor Arbitration Rules of its arbitration demand. c. the American Arbitration Association. The arbitrator shall have no power the authority to amend, subtract from, consider only a single grievance or add to this Agreement’s termsseveral grievances involving a common question of interpretation or application. The parties’ past practice arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in interpreting or applying this Agreement’s terms may only be relevant if writing and a copy sent to all parties present at 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 hearing. The decision of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule be binding on such claim andthe Board, 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 ArticleAssociation, and submitted to the arbitrator pursuant to this Agreement’s termsgrievant. The arbitrator shall not have the authority to render a decision on add, subtract from, modify, change, or alter any issue not submitted under these grievance proceduresof the provisions of this Collective Bargaining Contract; nor add to, detract from, or modify the language therein; nor make any award which is inconsistent with the terms of this Agreement. Unless the parties expressly agree otherwise in writing, All expenses for 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 shared equally between by 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. Within ten days after receiving 1. If the Boardgrievant is not satisfied with the Superintendent’s decision disposition of their contractualgrievance at Level Three, they may request in writing that the Association submit their grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within fifteen (15) days after the receipt of a request by the grievant. However, in no event may the appeal be initiated more than twenty (20) days after the Superintendent’s decision is mailed or personally delivered to the grievant. 2. Within ten (10) days after such written notice of submission to arbitration, the Board 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 arbitratoror to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the State Mediation and Conciliation Services by either party. Upon receipt of such a list, the Association shall strike the first name and the parties shall alternatively strike names thereafter, until only one name remains. Such person shall be deemed to be appointed as the arbitrator, provided they are available to serve upon a mutually agreeable date. If such arbitrator is not available to serve within thirty (30) days, the parties shall request a new list of arbitrators and repeat the striking process. 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 arbitrator so selected shall be followed: a. The Association shall make a written request for bound by the grievance’s arbitration by requesting Voluntary Labor Arbitration Rules of the American Arbitration Association to submit to in the parties the names of at least nine qualified arbitrators. The parties shall select the arbitrator according to the rules conduct of the AAAhearing. 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 terms3. The arbitrator so selected shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless confer with 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 representatives 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, hold hearings promptly and shall issue their written decision. The arbitrator’s decision shall be in writing and shall set forth their findings of the fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires commission of an act prohibited by law or which violates the terms of this collective bargaining agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on all parties. h. All documents, communications4. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this Agreement, and records dealing no arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution date of this Agreement. Grievances initiated on a timely basis under the terms of the prior agreement shall be continued in accordance with the processing terms of that agreement and any grievance initiated on a grievance shall timely basis prior to the expiration of this Agreement will be filed separately from continued in accordance with the participant’s personnel fileterms thereof.

Level Four. Within ten days after receiving A. If the Board’s decision aggrieved person is not satisfied with disposition of the grievance at Level Three, or if no decision has been rendered within fifteen (15) calendar days after the Association grievance was delivered to the Board of Education, the employee may within five (5) calendar days after the decision by the Board of Education or twenty (20) calendar days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Chairman of the PR & R Committee submit the grievance to arbitration. The Association shall notify (If the Board of its intention to PR & R Committee determines that the grievance is meritorious, it may submit the matter grievance to arbitration within this ten-day period. After fifteen (15) calendar days after receipt of a request by aggrieved person.) B. Within ten (10) calendar days after such notificationwritten notice of submission to arbitration, the following procedure Board and the PR & R Committee shall be followed: a. The Association attempt to agree upon a mutually acceptable arbitrator and shall make obtain a written commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for the grievance’s arbitration a list of arbitrators may be made to PERC by requesting the American Arbitration Association to submit to the parties the names of at least nine qualified arbitratorseither party. The parties shall select the arbitrator according to then be bound by the rules and procedures of PERC. C. The arbitrator so selected shall confer with representative of the AAA. b. Each party Board and the PR & R Committee and hold hearings promptly and shall provide issue a decision not later than twenty (20) days from the other with a copy date of its arbitration demand. c. The arbitrator shall have no power to amend, subtract fromthe close of the hearings, or add to this Agreement’s terms. The parties’ past practice in interpreting or applying this Agreement’s terms may only be relevant if oral hearings have been waived, then from the Agreement’s language is vague or ambiguous. d. If either party claims before date of the arbitrator that a particular grievance fails to meet final statements and proofs on 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 claimissues submitted. The arbitrator’s jurisdictional authority is defined as decision shall be in writing and limited to determining any grievance between shall set forth the parties to findings of fact, reasoning and conclusions on 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 termsissue submitted. The arbitrator shall not have be without power or authority to render a make any decision on any issue not submitted under these grievance procedureswhich requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. Unless the parties expressly agree otherwise in writing, The decision of the arbitrator is limited shall be submitted to hearing only one grievance upon its merits at any one hearingthe Board and the Association and shall be final and binding on the parties. e. Neither party D. The cost 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 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 borne equally between by the Board and the Association. h. All documents, communications, and records dealing with the processing of a grievance . Any other expenses incurred shall be filed separately from paid by the participant’s personnel fileparty incurring the same.

Level Four. Within ten days after receiving If the Board’s decision grievance is not resolved at Level Three, or if no written answer has been rendered within fifteen (15) days of the meeting with the Board, the Association may submit the grievance to arbitration. The Association shall notify final and binding arbitration under the Board Voluntary Labor Arbitration Rules 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 which shall act as the parties administrator of the names proceedings. If a demand for arbitration is not filed within thirty (30) days of at least nine qualified arbitratorsthe date for the Level Three answer, then the grievance is deemed withdrawn. The parties Arbitrator shall select have no power to alter the arbitrator according to the rules terms of the AAA. b. Each party shall provide the other with a copy of its arbitration demand. c. this agreement. The arbitrator Arbitrator shall have no power to amend, subtract frommodify, nullify, ignore, add to, or add subtract from the provisions of this agreement or any applicable Board policy. He or she shall consider only the specific issues submitted in writing by both parties and shall have no authority to this Agreement’s termsdecide any issue which was not submitted to him/her. The parties’ past practice Arbitrator shall be without the power to make a decision contrary to, inconsistent with, or modifying or varying in interpreting any way the applicable laws and rules and regulations having the force and effect of law. The Arbitrator’s decision shall be based solely upon his or applying her interpretation of the meaning or application of the specific terms of this Agreement’s terms may only agreement as applied to the facts of the grievance presented. The Arbitrator is empowered to include in any award such financial reimbursements or other remedies as he/she judges to be relevant if proper. Each party shall bear the Agreement’s language is vague or ambiguous. d. full costs for its representation in the arbitration. The cost of the Arbitrator and the American Arbitration Association shall be divided equally between the Board and Association. If either party claims before requests a transcript of the arbitrator proceedings, that party shall bear full responsibility for the cost of the transcript. If both parties order a particular grievance fails to meet the test of arbitrability, as set forth in this Grievance Proceduretranscript, 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 the two (2) transcripts 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. Within ten days after receiving Arbitration (a) A grievance dispute which is not resolved at the Board’s level of the Superintendent under the grievance procedure herein may be submitted by the Association as specified herein to an arbitrator for decision at Level Threeif it involves the application or interpretation of this Agreement. (b) A grievance may not be submitted to an arbitrator unless a decision has been rendered by the Superintendent of Schools under the grievance procedure, except in cases where, upon expiration of the time limit for decision, the aggrieved employee or the Association may filed notice with the Superintendent of intention to submit the grievance to arbitration. arbitration and no decision was issued by the Superintendent within fifteen (15) days after receipt of such notice. (c) 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 proceedings shall be followed: a. The Association shall make a written request for initiated by filing with the grievance’s arbitration by requesting Superintendent and the American Arbitration Association to submit to the parties the names a notice of at least nine qualified arbitratorsarbitration. The parties notice shall select the arbitrator according to the rules be filed within ten (10) days after receipt of the AAA. b. Each party shall provide decision of the other with a copy Superintendent 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 Schools under 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, or, where no decision has been issued in the circumstances described above, three (3) days following the expiration of the fifteen (15) day period provided above. The notice shall include a statement setting forth precisely the issue to be decided by the arbitrator and the specific provision of the Agreement involved. (d) The parties will be bound by the Voluntary Labor Arbitration Rules of the American Arbitration Association regardless of how the arbitrator is selected; except that neither the Board nor the Association nor any grievant shall first rule on be permitted to assert any ground in arbitration if such claim and, if sustained, shall ground was not proceed further except disclosed to render the other parties in interest prior to the decision based upon sustaining the claim. The arbitrator’s jurisdictional authority is defined as and limited to determining any grievance between the parties being appealed to the grievance which concerns compliance with arbitrator, or to assert any of this Agreement’s terms, as provided in Section A(I) of this Article, and submitted evidence known but not disclosed prior to the arbitrator pursuant to this Agreement’s terms. decision being appealed. (e) The arbitrator shall not have the authority to render a add to or to subtract from the Agreement and shall limit the decision on any issue not submitted under these grievance procedures. Unless strictly to the application and interpretation of this Agreement and it shall be binding upon all parties expressly agree otherwise in writing, involved. (f) The costs for the services of the arbitrator is limited to hearing only one grievance upon its merits at any one hearing. e. Neither party shall will 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 borne equally between by the Board and the Association. Each party shall pay all the expenses of preparing and submitting its case. 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. Within ten days after receiving a. If the Board’s decision aggrieved person is not satisfied with the disposition of the grievance at Level Three, said employee may within five (5) school days of the Board's decision, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) school days after receipt of a request by the aggrieved person. b. Within ten (10) school days after such written notice of submission to arbitration. The , the Board and the Association shall notify attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the Board of its intention parties are unable to submit agree upon an arbitrator or to obtain such a commitment within the matter to arbitration within this ten-day specified 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 a list of arbitrators may be made to the parties the names of at least nine qualified arbitratorsPublic Employment Relations Commission by either party. The parties shall select the arbitrator according to then be bound by the rules and procedures of the AAA. b. Each party shall provide Public Employment Relations Commission in the other with a copy selection of its arbitration demandan arbitrator. c. The arbitrator so selected shall have no power to amend, subtract fromhold hearings promptly and shall issue his/her decision not later than thirty (30) calendar days from the date of the close of the hearings, or add if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted 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 claimhim/her. The arbitrator’s jurisdictional authority is defined as 's decision shall be in writing and limited to determining any grievance between shall set forth his/her findings of fact, reasoning and conclusions on 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 termsissues submitted. The arbitrator shall not have be without power or authority to render a decision on which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. He shall have no authority to add to detract from, alter, amend, or modify any issue not submitted under these grievance proceduresprovision of this Agreement. Unless the parties expressly agree otherwise The award in writing, writing by the arbitrator is limited on the merits of any grievance adjudicated within his/her jurisdiction and authority shall be final and binding on the parties. d. The arbitrator shall limit himself to hearing only one grievance upon its merits at any one hearingthe interpretation and application of the terms of this Agreement, to the issues submitted to him and to consider no other(s). e. Neither party The arbitrator shall be permitted have the power and authority to assert in an arbitration proceeding any ground preclude the introduction of new or to rely on any parole evidence not previously disclosed to upon proper motion insofar as such introduction is violative of 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 testimonyprovisions contained herein. f. The arbitrator’s decision on arbitrator shall be without power or authority to fashion a monetary award except in the grievance following instances: (1) To make an aggrieved whole. (2) Where the award is binding and finala matter of equity. g. The cost All fees of the arbitrator, including but not limited to necessary travel expenses, but not including fees for transcripts and payments to witnesses, of any arbitration proceedings shall be divided borne equally between by the Board and parties. Each party shall pay the Associationfees of its own counsel or representative(s). 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. Within ten days after receiving a. A grievance to proceed to Level Four must be concerned with the interpretation or meaning or application of any of the provisions of this Agreement. b. If the grievant wishes to proceed to Level Four following a hearing by the Board’s decision at , he/she must request, in writing, within five work days of the receipt of the Level Three, Three response that the Association submit the grievance to advisory arbitration. Failure to do so means that the grievance has been resolved. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration. The Association shall advisory arbitration within fifteen work days after receipt of a request by the grievant and so notify the Board of its intention Board. Failure to submit means that 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 demandgrievance is resolved. c. The Within ten work days after such written notice of submission to advisory arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall have no power obtain a commitment from said arbitrator to amend, subtract from, serve. If the parties are unable to agree upon an arbitrator or add to this Agreement’s terms. The parties’ past practice in interpreting or applying this Agreement’s terms obtain such a commitment within the specified period a request may only be relevant if made to the Agreement’s language is vague or ambiguous. d. If Public Employment Relations Commission by 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 select an 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 confer with representatives of the Board and grievant and begin hearings as soon as can be arranged. He/she shall then be restricted to render a decision considering only the question(s) submitted to him. The arbitrator shall issue his recommendations within thirty calendar days after he/she has concluded the hearings. d. The arbitrator's recommendation(s) shall be advisory and shall be submitted to the Board and to the grievant in writing and shall set forth his findings of fact, reasoning, and recommendations only 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 hearingissue(s) submitted. e. Neither party The cost for the services of the arbitrator, including per diem expenses, if any, subsistence expenses, actual and necessary travel 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 borne equally between by the Board and the Association. h. All documents, communications, and records dealing with the processing of a grievance . Any other expenses incurred shall be filed separately from paid by the participant’s personnel fileparty incurring same.

Level Four. Within ten days after receiving a.) If the Board’s decision at Level Threeaggrieved member with the consent of the R.E.A. or the Runnemede Board of Education determines the grievance is not satisfied, the Association may submit the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter be submitted to arbitration within this ten-day period. After (15) school days by the aggrieved member or R.E.A. Committee if so required. b.) Within ten (10) school days after such notificationwritten notice or submission to arbitration, the following procedure Board and the aggrieved member and/or the R.E. A. Committee shall attempt to agree upon a mutually acceptable arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators shall be followed: a. The Association shall make a written request for the grievance’s arbitration by requesting made to the American Arbitration Association to submit to the parties the names of at least nine qualified arbitratorsby either party. The parties shall select the arbitrator according to then be bound by the rules and procedures of the AAAAmerican Arbitration Association in the selection of an arbitrator. b. Each party c.) The arbitrator so selected shall provide the other confer with a copy representative of its arbitration demand.theBoard and the member and/or the R.E. c. The arbitrator A. Committee and hold hearings promptly and 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 issue 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 claimdecision. The arbitrator’s jurisdictional authority is defined as 's decision shall be in writing and limited to determining any grievance between shall set forth findings reasoning and conclusions on 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 termsissues submitted. The arbitrator shall not have be without power or authority to render a make any decision, which requires the commission of an act prohibited by law or which violates of the terms of this Agreement. The arbitrator shall be without power or authority to alter, modify or amend the express terms of this Agreement or to expand its meaning by implication. The decision on any issue not of the arbitrator shall be submitted under these grievance procedures. Unless to the parties expressly agree otherwise in writingBoard, the arbitrator is limited to hearing only one grievance upon its merits at any one hearingaggrieved member and the Association and shall be final and binding on the parties. e. Neither party d.) The cost of/or 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 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 borne equally between by the Board and the Association. h. All documentsAssociation when mutually agreed upon to submit the arbitration, communicationshowever, each party shall bear the expense of its own witnesses and records dealing with council. If not mutually agreed upon, the processing of a grievance cost as defined above shall be filed separately from borne by the participant’s personnel filemoving party for the first five (5) grievances - after that, the expense, as defined, would be equally shared.

Level Four. Within ten days after receiving 1. If the Boardgrievant is not satisfied with the Superintendent’s decision disposition of their contractual grievance at Level Three, they may request in writing that the Association submit their grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within fifteen (15) days after the receipt of a request by the grievant. However, in no event may the appeal be initiated more than twenty (20) days after the Superintendent’s decision is mailed or personally delivered to the grievant. 2. Within ten (10) days after such written notice of submission to arbitration, the Board 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 the specified period, a request for a list of arbitrators may be made to the State Mediation and Conciliation Services by either party. Upon receipt of such a list, the Association shall strike the first name and the parties shall alternatively strike names thereafter, until only one name remains. Such person shall be deemed to be appointed as the arbitrator, provided they are available to serve upon a mutually agreeable date. If such arbitrator is not available to serve within thirty (30) days, the parties shall request a new list of arbitrators and repeat the striking process. 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 arbitrator so selected shall be followed: a. The Association shall make a written request for bound by the grievance’s arbitration by requesting Voluntary Labor Arbitration Rules of the American Arbitration Association to submit to in the parties the names of at least nine qualified arbitrators. The parties shall select the arbitrator according to the rules conduct of the AAAhearing. 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 terms3. The arbitrator so selected shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless confer with 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 representatives 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, hold hearings promptly and shall issue their written decision. The arbitrator’s decision shall be in writing and shall set forth their findings of the fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires commission of an act prohibited by law or which violates the terms of this collective bargaining agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on all parties. h. All documents, communications4. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this Agreement, and records dealing no arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution date of this Agreement. Grievances initiated on a timely basis under the terms of the prior agreement shall be continued in accordance with the processing terms of that agreement and any grievance initiated on a grievance shall timely basis prior to the expiration of this Agreement will be filed separately from continued in accordance with the participant’s personnel fileterms thereof.

Level Four. Within ten days after receiving 1. If the Boardgrievant is not satisfied with the Superintendent’s decision disposition of their contractualgrievance at Level Three, they may request in writing that the Association submit their grievance to arbitration. If the Association so determines, it may submit the grievance to arbitration within fifteen (15) days after the receipt of a request by the grievant. However, in no event may the appeal be initiated more than twenty (20) days after the Superintendent’s decision is mailed or personally delivered to the grievant. 2. Within ten (10) days after such written notice of submission to arbitration, the Board 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 the specified period, a request for a list of arbitrators may be made to the State Mediation and Conciliation Services by either party. Upon receipt of such a list, the Association shall strike the first name and the parties shall alternatively strike names thereafter, until only one name remains. Such person shall be deemed to be appointed as the arbitrator, provided they are available to serve upon a mutually agreeable date. If such arbitrator is not available to serve within thirty (30) days, the parties shall request a new list of arbitrators and repeat the striking process. 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 arbitrator so selected shall be followed: a. The Association shall make a written request for bound by the grievance’s arbitration by requesting Voluntary Labor Arbitration Rules of the American Arbitration Association to submit to in the parties the names of at least nine qualified arbitrators. The parties shall select the arbitrator according to the rules conduct of the AAAhearing. 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 terms3. The arbitrator so selected shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless confer with 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 representatives 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, hold hearings promptly and shall issue their written decision. The arbitrator’s decision shall be in writing and shall set forth their findings of the fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires commission of an act prohibited by law or which violates the terms of this collective bargaining agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on all parties. h. All documents, communications4. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this Agreement, and records dealing no arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution date of this Agreement. Grievances initiated on a timely basis under the terms of the prior agreement shall be continued in accordance with the processing terms of that agreement and any grievance initiated on a grievance shall timely basis prior to the expiration of this Agreement will be filed separately from continued in accordance with the participant’s personnel fileterms thereof.

Level Four. If the grievance is not settled at the preceding step, it may be submitted to arbitration at the election of either the Board of Education or the ▇▇▇▇▇▇▇▇ Education Association President or their designee, acting on behalf of the ▇▇▇▇▇▇▇▇ Education Association Executive Board. The matters to be arbitrated shall be submitted to a single arbitrator, as follows: a. Within the ten days after receiving the Board’s decision at referred to above (Level Three, - c.), the Association may submit party choosing to arbitrate must give written notice to the other party, setting forth specifically the nature of the grievance to arbitrationbe arbitrated. 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 arbitrator shall be followed: a. The Association shall make a written request for the grievance’s arbitration by requesting selected from 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 AAAin accordance with its rules. b. Each party This Agreement constitutes a contract between the parties which shall provide be interpreted and applied by the parties and by the Arbitrator in the same manner as other with a copy collective bargaining agreements. The function and purpose of its arbitration demand. c. the Arbitrator is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator Arbitrator shall, therefore, not have authority nor shall he consider his function to include the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have no power to amendbeen the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decision which in practice or actual effect modifies, subtract revises, detracts from, or add adds to any of the terms or provisions of this Agreement’s terms. The parties’ past Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify, or result in what is in effect a modification (whether by addition or deletion) of written terms of this Agreement’s terms may only be relevant if the Agreement’s language . The Arbitrator has no obligation or function to render decision or not to render a decision merely because in his opinion such decision is vague fair or ambiguousequitable or because in his opinion it is unfair or inequitable. d. c. If either party claims shall claim before the arbitrator Arbitrator that a particular grievance fails to meet the tests of arbitrability, as the same are set forth in this Article, (Grievance Procedures), the Arbitrator shall proceed to decide such issue before proceeding to hear the case upon the merits. The Arbitrator shall have the authority to determine whether he will hear the case on its merits at the same hearing in which the jurisdictional question is presented. In any case where the Arbitrator determines that such grievance fails to meet said test of arbitrability, he shall refer the case back to the parties without a recommendation on the merits. d. Unless expressly agreed to by the parties in writing, the Arbitrator is limited to hearing one grievance including its arbitrability at any one hearing, upon its merits. e. All cases may be presented to the arbitrator in the form of a written brief prepared by each party setting forth the facts and its position and the arguments in support thereof. The arbitrator shall proceed with the hearing process as set forth in this Grievance Procedureper the rules and guidelines of the American Arbitration Association. Within thirty (30) working days after the close of the hearing, or the filing of post hearing briefs, if so desired by either party, 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 issue 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 which 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 (final and provide copies of if at all possible) all exhibits, and a list of witnesses to be called and the anticipated nature of their testimonybinding. f. The arbitrator’s decision on cost for the grievance is binding and final. g. The cost services of arbitration shall be divided equally between the Board and the Association. h. All documentsArbitrator, communicationsincluding per diem expenses if any, and records dealing with actual and necessary travel and subsistence expenses will be borne by the processing of a grievance shall be filed separately from the participant’s personnel filelosing party.

Level Four. Within ten days after receiving a. If the Board’s decision aggrieved person is not satisfied with the disposition of the grievance at Level Three, said employee may within five (5) school days of the Board's decision, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) school days after receipt of a request by the aggrieved person. b. Within ten (10) school days after such written notice of submission to arbitration. The , the Board and the Association shall notify attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the Board of its intention parties are unable to submit agree upon an arbitrator or to obtain such a commitment within the matter to arbitration within this ten-day specified 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 a list of arbitrators may be made to the American Arbitration Association to submit to the parties the names of at least nine qualified arbitratorsby either party. The parties shall select the arbitrator according to then be bound by the rules and procedures of the AAA. b. Each party shall provide American Arbitration Association in the other with a copy selection of its arbitration demandan arbitrator. c. The arbitrator so selected shall have no power to amend, subtract fromhold hearings promptly and shall issue his/her decision not later than thirty (30) calendar days from the date of the close of the hearings, or add if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted 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 claimhim/her. The arbitrator’s jurisdictional authority is defined as 's decision shall be in writing and limited to determining any grievance between shall set forth his/her findings of fact, reasoning and conclusions on 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 termsissues submitted. The arbitrator shall not have be without power or authority to render a decision on which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. He shall have no authority to add to detract from, alter, amend, or modify any issue not submitted under these grievance proceduresprovision of this Agreement. Unless the parties expressly agree otherwise The award in writing, writing by the arbitrator is limited on the merits of any grievance adjudicated within his/her jurisdiction and authority shall be final and binding on the parties. d. The arbitrator shall limit himself to hearing only one grievance upon its merits at any one hearingthe interpretation and application of the terms of this Agreement, to the issues submitted to him and to consider no other(s). e. Neither party The arbitrator shall be permitted have the power and authority to assert in an arbitration proceeding any ground preclude the introduction of new or to rely on any parole evidence not previously disclosed to upon proper motion insofar as such introduction is violative of 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 testimonyprovisions contained herein. f. The arbitrator’s decision on arbitrator shall be without power or authority to fashion a monetary award except in the grievance following instances: (1) To make an aggrieved whole. (2) Where the award is binding and finala matter of equity. g. The cost All fees of the arbitrator, including but not limited to necessary travel expenses, but not including fees for transcripts and payments to witnesses, of any arbitration proceedings shall be divided borne equally between by the Board and parties. Each party shall pay the Associationfees of its own counsel or representative(s). 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. Within If the decision of the Board does not resolve the grievance and the Association wishes review by a third party, it shall notify the Board within ten (10) school days after receiving of receipt of the Board’s decision at in Level Three, the Association may of its desire to submit the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter to . a. If arbitration within this ten-day period. After such notificationis requested, the following procedure arbitrator 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 selected under the rules of the AAAPublic Employment Relations Commission and shall not hold any hearings until at least thirty (30) school days after the determination at Level Three; and in the event the aggrieved party elects to pursue remedies through the Department of Education, the arbitration proceeding shall forthwith be canceled and all costs incurred thereby assumed by the Association. b. Each party Grievances concerning the interpretation, application, or alleged violation of the written Agreement shall provide be subject to binding arbitration. Grievances concerning: (1) the other with interpretation, application, or alleged violation of Board policies or administrative decisions; (2) a copy complaint of its arbitration demanda non-tenured teacher which arises by reason of his/her not being reemployed; (3) a complaint by any teacher occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which tenure is either not possible or not required; and (4) any matter not contained in the Agreement between the parties shall not be subject to either advisory or binding arbitration. c. The arbitrator shall have no be limited to the issues submitted to him/her and will not add to or subtract from or modify the terms of the Agreement. The arbitrator shall be without power or authority to amend, subtract frommake any decision contrary to or inconsistent with, or add to modifying or varying in any way the terms of this Agreement’s terms. The parties’ past practice in interpreting Agreement or applying this Agreement’s terms may only be relevant if applicable law or rules or regulations having the Agreement’s language is vague force or ambiguous. d. If either party claims before the arbitrator that a particular grievance fails to meet the test effect 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 claimlaw. The arbitrator’s jurisdictional authority is defined decision shall not usurp the functions or powers of the Board as and limited to determining any grievance between provided by statute or be inconsistent with the parties to the grievance which concerns compliance with any provisions of this Agreement’s terms, as provided in Section A(I) . The fees and expenses 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 shared equally by 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 testimonyparties. 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. Within ten days after receiving If the Board’s decision Association is not satisfied with the disposition of the grievance at Level ThreeThree or if the grievant is not represented by the Association, the Association grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit. 1. The Association If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Board Grievant and the Association, in writing, that it disagrees as tothe arbitrability 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 Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the AAAquestion of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits. 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 terms2. The parties’ past practice in interpreting District and the Association (or applying this Agreement’s terms may only be relevant the grievant if the Agreement’s language Association is vague or ambiguous. d. If either party claims before not representing the arbitrator grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that a particular grievance fails if the arbitration hearing is to meet the test of determine arbitrability, as then a reasonable time before a hearing is set forth in this Grievance Procedure, or the arbitrator shall first rule on such claim andpurpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if sustained, shall not proceed further except to render the decision based upon sustaining grievant is notrepresented by 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(IAssociation) 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 such arbitration proceeding any ground or to rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the other partyrequesting Party. 3. At least ten If the Parties cannot mutually agree to an arbitrator within seven (7) days before of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. Thearbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the parties Association/grievant and the District. The Parties agree that the decision of the arbitrator shall disclose (be final and provide copies binding on all Parties. The fees and expenses of if at the arbitrator shall be shared equally by the District and the Association unless theAssociation has elected to withdraw or not to support the grievance and so notifies all possible) all exhibitsParties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and a list neither Party shall be responsible for the expense of witnesses to be called and by the anticipated nature of their testimonyother. 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. Within ten days after receiving (a) If the Board’s decision at Level Threeaggrieved person determines that the grievance is not satisfied, the Association grievance may submit the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter be submitted to arbitration within this ten-day fifteen (15) school days by the aggrieved person or GTSPA Committee if so requested. (b) Within ten (10) school days after such written notice of submission to arbitration, the Board and the aggrieved person and/or the GTSPA Committee shall attempt to agree upon a mutually acceptable arbitrator and shall obtain such a commitment within the specified period. After such notification, the following procedure shall be followed: a. The Association shall make a written A request for the grievance’s arbitration by requesting a list of Arbitrators may be made to the American Arbitration Association to submit to the parties the names of at least nine qualified arbitratorsby either party. The parties shall select the arbitrator according to then be bound by the rules and procedures of the AAAAmerican Arbitration Association in the selection of an arbitrator. b. Each party shall provide the other with a copy of its arbitration demand. c. (c) The arbitrator so selected 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 confer with the Agreement’s language is vague or ambiguous. d. If either party claims before representative of the arbitrator that a particular grievance fails to meet Board and the test of arbitrability, as set forth in this Grievance Procedure, aggrieved person and/or the arbitrator GTSPA Committee and hold hearings promptly and shall first rule on such claim and, if sustained, shall not proceed further except to render the decision based upon sustaining the claimissue his decision. The arbitrator’s jurisdictional authority is defined as 's decision shall be in writing and limited to determining any grievance between shall set forth his findings of fact, reasoning and conclusions on 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 termsissues submitted. The arbitrator shall not have be without power or authority to render a make any decision on any issue not which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted under these grievance procedures. Unless to the parties expressly agree otherwise in writingBoard, the arbitrator is limited to hearing only one grievance upon its merits at any one hearingaggrieved person and the Association and shall be final and binding on the parties. e. Neither party (d) 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 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 borne equally between by the Board and the Association. h. All documentsAssociation when mutually agreed upon to submit to arbitration. However, communications, each party shall bear the expense of its own witnesses and records dealing with counsel. If not mutually agreed upon the processing of a grievance cost as defined above shall be filed separately from borne by the participant’s personnel filemoving party for the first five (5) grievances. After that, the expenses, as defined, would be equally shared.

Level Four. Within ten days after receiving a. If the PR&R Committee is not satisfied with the disposition of the grievance by the Board’s decision at Level Three, and the grievance is an arbitrable grievance as hereafter defined, the Association PR&R Committee may submit the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter to arbitration arbitration, in the manner hereafter provided, by serving a written notice upon the Board of the Committee's intent to arbitrate within this ten-day period. After ten (10) days after decision by the Board. b. Within ten (10) school days after such notificationwritten notice of submission to arbitration, the following procedure Board and the PR&R Committee shall be followed: a. The Association attempt to agree upon a mutually acceptable arbitrator and shall make obtain a written commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for the grievance’s arbitration by requesting the American Arbitration Association to submit a list of arbitrators may be made to the parties the names of at least nine qualified arbitratorsPublic Employment Relations Commission by either party. 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.then be c. The arbitrator so selected 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 confer with the Agreement’s language is vague or ambiguous. d. If either party claims before representatives of the arbitrator that a particular grievance fails to meet Board and the test PR&R Committee and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule on such claim andclose of the hearings or, if sustainedoral hearings have been waived, shall not proceed further except then from the date the final statements and proofs on the issues are submitted to render the decision based upon sustaining the claimhim. The arbitrator’s jurisdictional authority is defined as 's decision shall be in writing and limited to determining any grievance between shall set forth his findings of fact, reasoning and conclusions on 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 termsissues submitted. The arbitrator shall not have be without power or authority to render a make any decision on any issue not submitted under these grievance procedureswhich requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. Unless the parties expressly agree otherwise in writing, The decision of the arbitrator is limited to hearing only one grievance upon its merits at any one hearing. e. Neither party shall be permitted submitted 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, Association and records dealing with the processing of a grievance shall be filed separately from final and binding on d. The costs for the participant’s personnel fileservices of the arbitrator, e. Binding arbitration under this Agreement shall apply only to Administrative decisions which contravene or misapply the provisions of this Agreement in such a way as to affect the terms and conditions of employment in this Agreement E. 1. A grievant may represent himself at any stage of the grievance procedure or, at his option, a grievant may elect to be represented by the Association at any step subsequent to Stage One.

Level Four. Within ten If the aggrieved teacher and the Association are dissatisfied with the disposition of the grievance at level 3, the Association may, within five (5) days after receiving receipt of the Board’s decision at Level Threeor after the last day the decision should have been rendered by the Board of Education, submit the grievance to arbitration by notifying the Superintendent of its intent to do so. If the Association and the Superintendent cannot mutually agree upon a single arbitrator to hear the grievance within three (3) days of the notice of intent to submit to arbitration, then 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 filing a demand for arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association to submit to the parties the names of at least nine qualified arbitratorsAssociation. The parties American Arbitration Association shall select then act as the arbitrator according to the rules administrator of the AAA. b. Each party shall provide the other with a copy of its arbitration demand. c. proceedings. The arbitrator shall have no render a decision in writing to both parties setting forth his/her findings of fact, reasoning and conclusions only on the issues submitted. He shall hear only one (1) grievance at a time. He shall render his/her decision as promptly as possible. The arbitrator shall limit his/her decision strictly to the interpretation and application of the specific provisions of this Agreement. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to amendmake any decision which involves Board action under all applicable statutes or which is violative of the terms of this Agreement, or Board policies, and he shall be without power or authority to add to, subtract from, modify or add to delete any term or provision of 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 decision 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 be submitted to the arbitrator pursuant Board and to this Agreement’s termsthe Wilton Education Association and, subject to law, shall be final and binding, on both parties. The cost for the services of 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 hearingbe borne equally by both parties. 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. Within ten days after receiving ARBITRATION: If the Board’s decision grievant is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within ten (10) school days after they have first met with the Board, they may, within five (5) school days after a decision by the Board or fifteen (15) school days after they have their first meeting with the Board, whichever is sooner, request in writing that the Association may submit the grievance to arbitration. The If the Association shall notify determines that the Board grievance involves the interpretation, meaning or application of its intention any of the provisions of this Agreement, it may, by written notice to the Superintendent within fifteen (15) school days after receipt of the request from the Grievant, submit the matter grievance to arbitration within binding arbitration. If any question arises as to whether a particular dispute involves the interpretation, meaning or application of any of the provisions of this ten-day period. After such notificationAgreement, the following procedure arbitrator selected to hear the dispute will first rule upon such question. In the event that a case is appealed to an arbitrator on which he has no power to rule, it shall be followed: a. The Association shall make a written request for referred back to the grievance’s arbitration by requesting parties without decision or recommendation on its merits. Except as otherwise expressly provided in this Agreement, the hearing will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (herein referred to submit as the “AAA RULES”). Within ten (10) school days after such written notice of submission to arbitration, the Superintendent and the Association will attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from such arbitrator to serve. If the parties as unable to agree upon an arbitrator or obtain such a commitment within the ten (10) day period, a request for a list of five (5) arbitrators shall be made to the Employment Relations Board (hereinafter referred to as the “▇▇▇”) by either party. Upon receipt of the list of five (5) arbitrators, both parties shall strike one (1) name from the names of at least nine qualified arbitratorslist until one (1) name remains. The parties first one to strike a name shall select be determined by a flip of a coin. The arbitrator selected will confer with the arbitrator according to the rules representatives of the AAA. b. Each party shall provide Board and the other with a copy Association and hold hearings promptly and will issue their decision not later than thirty (30) days from the date 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 close of 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 andhearings or, if sustainedoral hearings have been waived, shall not proceed further except from the date of the final statements and proofs submitted to render the decision based upon sustaining the claimthem. The arbitrator’s jurisdictional decision will be in writing and will set forth their findings of facts, reasoning’s and conclusions on the issues submitted. The arbitrator will be without power or authority is defined as and limited to determining make any grievance between decision, which requires the parties to commission of an act, prohibited by law or which modifies, alters or amends the grievance which concerns compliance with any terms of this Agreement’s terms, as provided in Section A(I) . The decision of this Article, and the arbitrator will be submitted to the arbitrator pursuant to this Agreement’s termsBoard and the Association and will be final and binding upon the parties. The arbitrator shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless costs for the parties expressly agree otherwise in writingservices of the arbitrator, 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 including per diem expense, if at all possible) all exhibitsany, and a list of witnesses to be called their travel and subsistence expenses and the anticipated nature costs of their testimony. f. The arbitrator’s decision on the grievance is binding and final. g. The cost of arbitration shall any hearing room, will be divided borne equally between by the Board and the Association. All other costs will be borne by the party incurring them. 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. Within ten days after receiving a. If the Board’s decision aggrieved person is not satisfied with the resolution of the grievance at Level Three, the Association may he/she shall submit the grievance to arbitrationthe Association, and the Association will decide on its continuance. The Association shall notify may, within ten (10) days of receipt of the response at Level Three, submit the grievance to arbitration by so notifying the Superintendent and the Board of its intention Chair in writing. If the Association decides to submit a grievance to arbitration, it waives its access to other available forums based on the matter to arbitration within this ten-day period. After such notificationtreatment, acts or conditions which formed the following procedure shall be followed:basis of the grievance. a. b. The Association President and the Board Chair (or their designees) shall, within ten (10) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within ten (10) days, they shall make a written request for the grievance’s arbitration by requesting the American Arbitration Association to submit to the parties propose the names of at least nine qualified five (5) arbitrators. The parties shall select the arbitrator according to arbitration proceedings will be conducted in accordance with the rules and procedures of the AAA. b. Each party shall provide the other with a copy of its arbitration demandAmerican Arbitration Association. c. The arbitrator selected shall have no power to amendconfer promptly with representatives of the Board, subtract from, or add to this Agreement’s terms. The parties’ past practice representatives of the Association and the aggrieved person; shall review the record of the prior meetings; and shall hold such hearings with the aggrieved person and other parties in interpreting or applying this Agreement’s terms may only be relevant if the Agreement’s language is vague or ambiguousinterest as he/she shall deem requisite. d. If either party claims before The arbitrator shall, within thirty (30) days, render his/her decision in writing, setting forth his/her findings of fact, reasoning and conclusions on 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 termsissues submitted. The arbitrator shall not have be without power or authority to render a make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement, or to add to, subtract from or modify this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association. The decision shall be binding on any issue not submitted under these grievance procedures. Unless the parties expressly agree otherwise in writing, the arbitrator is limited subject only to hearing only one grievance upon its merits at any one hearingjudicial review as permitted by Maine law. e. Neither party The costs for the services of the arbitrator 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 borne equally between by 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. Within ten days after receiving If the Board’s decision union is not satisfied with the disposition of the Grievance at Level Three, it may within twenty (20) work days after the Association may submit decision of the grievance to arbitration. The Association shall notify the Board of its intention to submit Superintendent refer the matter for arbitration 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 Association, in writing, and request the appointment of an arbitrator to submit to hear the parties the names of at least nine qualified arbitratorsgrievance. The parties An arbitrator shall select the arbitrator according to be selected in accordance with the rules of the AAA. b. Each American Arbitration Association, except each party shall provide have the other with a copy right to peremptorily strike not more than three (3) from the list of its arbitration demand. c. The arbitrator shall have no power to amend, subtract from, or add to this Agreement’s termsarbitrators. The parties’ past practice in interpreting or applying this Agreement’s terms may only be relevant if Employer and 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, Union 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 such arbitration proceeding any ground ground, or to rely on any evidence evidence, not previously disclosed to the other party. At least ten days before The arbitrator shall have no authority to alter, ignore, modify, add to, or subtract from the arbitration hearing terms of this agreement. The arbitrator shall have no authority to make a decision in any case of discharge or discipline of a probationary employee. The arbitrator shall have no authority to make a decision in any matter based upon an interpretation of any statutory law for which there is an administrative agency created by state or federal statute which has jurisdiction to determine the legal rights of the grievant. Both parties shall disclose (and provide copies of if at all possible) all exhibits, and a list of witnesses agree to be called bound by the award of the arbitrator made within the scope of authority. The fees and expenses of the anticipated nature of their testimony. f. The arbitrator’s decision on arbitrator shall be paid as follows: If the grievance is binding sustained and final. g. The cost the remedy sought by the Union is awarded in full, the Employer shall pay the fees and expenses in full. If the grievance is denied in full, the Union shall pay the fees and expenses in full. If the grievance is neither sustained in full, nor denied in full, the fees and expenses of arbitration the arbitrator shall be divided equally between shared equally. Employees who are necessary participants in an arbitration hearing as a Union representative or witness in the Board and the Association. h. All documents, communications, and records dealing with the processing of a grievance proceedings shall be filed separately released from duty without loss of pay for the participanttime necessary to represent or testify as the case may be, provided the hearing is held on the Employer’s personnel filepremises. If the hearing is not held on the Employer’s premises, employees may use personal business leave or the Union may reimburse the Employer for necessary substitute costs, unless the Employer initiates the request for the hearing to be held away from its premises. An attempt shall be made to schedule arbitration and attendance of employees at times which will avoid or minimize release from work.

Level Four. Within ten days after receiving If the Board’s decision Association is not satisfied with the disposition of the grievance at Level ThreeThree or if the grievant is not represented by the Association, the Association grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit. 1. The Association If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Board Grievant and the Association, in writing, that it disagrees as to the arbitrability 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 Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the AAAquestion of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits. b. Each party 2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall provide be borne by the other requesting Party in accordance with Florida Statutes. Requests for such information shall allow a copy reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of its requested information. Neither the District nor the Association (nor the grievant, if the grievant is notrepresented by the Association) shall be permitted to assert in such arbitration demandproceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party. c. 3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to amendadd to, subtract from, modify or add to this alter the terms of the Agreement’s terms. The parties’ past practice arbitrator will conduct a hearing, shall render his/her decision in interpreting or applying this Agreement’s terms may only be relevant if writing within (30) days after the Agreement’s language is vague or ambiguous. d. If either party claims before close of the arbitrator arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that a particular grievance fails to meet the test decision of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule be final and binding on such claim and, if sustained, shall not proceed further except to render the decision based upon sustaining the claimall Parties. The arbitrator’s jurisdictional authority is defined as fees and limited expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to determining any grievance between the parties withdraw or not to support the grievance which concerns compliance with any and so notifies all Parties in writing. In this case, the fees and expenses of this Agreement’s terms, as provided in Section A(I) of this Articlethe arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, 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 neither Party shall be permitted to assert in an arbitration proceeding any ground or to rely on any evidence not previously disclosed to responsible for 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 expense of witnesses to be called and by the anticipated nature of their testimonyother. 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. Within ten a. If the grievant or Association representative is not satisfied with the disposition at Level Three or if no decision was rendered after the grievance was delivered to the Superintendent, the grievant may, within seventeen (17) school days after receiving the Board’s decision at Level Three, the Association may submit the grievance was delivered to the Superintendent or designee, request in writing that the grievance be submitted to advisory arbitration. The Association shall retain the right to determine which grievances may proceed to arbitration. The Association shall have twenty (20) days from receipt of the request to arbitrate to determine whether the grievance shall proceed to arbitration and notify the Superintendent and the County Board in writing. b. Within ten (10) days after such written notice of its intention submission to submit the matter to arbitration within this ten-day period. After such notificationadvisory arbitration, the following procedure shall be followed: a. The Board and Association shall make attempt to agree upon a written 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 the specified time period, a request for the grievance’s arbitration by requesting a list of arbitrators may be made to the American Arbitration Association to submit to the parties the names of at least nine qualified arbitratorsby either party. The parties shall select the arbitrator according to then be bound by the rules and procedures of the AAA. b. Each party shall provide American Arbitration Association in the other with a copy selection of its arbitration demandan arbitrator and hearing procedures. c. The arbitrator so selected shall have no power to amend, subtract from, confer with the Superintendent 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 designee 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 AssociationAssociation and hold hearings promptly and, when possible, shall issue an award not later than twenty (20) days from close of hearings or, if oral hearings have been waived, then from the date final statements and proofs on issues are submitted to him. The arbitrator's recommendation shall be in writing and shall set forth his findings of fact, reasoning, and conclusions of issues submitted. h. All documents, communications, and records dealing with d. The award of the processing of a grievance arbitrator shall be filed separately from final unless overturned by the participant’s personnel fileBoard within thirty (30) days of the rendering thereof.

Level Four. Within Binding Arbitration 1. The grievant may within ten days after receiving (10) days, dating from the Boardprevious level response, submit a request in writing to the Superintendent’s decision at Level Three, office that the Association may submit the grievance grievant is preceding to binding arbitration. The Association When arbitration has been requested, an arbitrator shall notify be selected by mutual agreement within ten (10) days. If the Board of its intention parties are unable to submit the matter to arbitration within this ten-day period. After such notificationagree on an arbitrator, the following procedure shall will be followed: a. The Association shall make a written request for used. Within seven (7) days of the grievance’s arbitration by requesting the American Arbitration Association to submit to determination that the parties cannot reach mutual agreement on an arbitrator, the Superintendent shall request a list of five (5) arbitrators from the California State Conciliation Service. A representative of the Association and the Superintendent or designee shall select an arbitrator from the list by eliminating names of at least nine qualified arbitratorsuntil one name remains. The parties shall select first option of elimination may be determined by lot. 2. Once the arbitrator according to has been selected, the rules hearing shall commence at the convenience of the AAAparties and the arbitrator. b. Each party shall provide the other with a copy of its arbitration demand. c. 3. The arbitrator shall have no power authority to amendadd to, subtract from, or add to modify the terms of 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 arbitrabilityagreement, as set forth in this Grievance Procedure, and the arbitrator shall first rule on such claim andinterpret this agreement in accordance with accepted standards of contract interpretation. 4. All costs for services of the arbitrator, if sustainedincluding, but not limited to, per diem expenses, the arbitrator's travel and subsistence expense, the cost of any hearing room, and the cost of any court reporter and transcript, shall not proceed further except to render be borne equally by the decision based upon sustaining District or SCOE, and the claimaggrieved. All other costs will be borne by the party incurring them. 5. The arbitrator’s jurisdictional 's decision shall be in writing and shall set forth the arbitrator's finding of fact, reasoning and conclusions of the issues submitted. The arbitrator will be without power or authority is defined as to make any decision which requires the commission of an act prohibited by law which will violate the terms of this agreement. The award of the arbitrator shall be submitted to both parties and limited to determining any grievance between the parties presented to the grievance which concerns compliance with District's governing board or County Superintendent, and shall be binding on both parties, subject to any right of judicial appeal. 6. Level Four shall apply only to alleged violations of this Agreement’s terms. Alleged violations of administrative regulations or practices affecting conditions of employment shall not be subject to Level Three; for such allegations, as provided in Section A(I) of this Article, and submitted the decision at Level Two may be appealed to the arbitrator pursuant to this Agreement’s termsBoard in writing within ten (10) days whose decision shall be final. The arbitrator Board shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless consider the parties expressly agree otherwise in writing, the arbitrator appeal at its next regular Board meeting which 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 (10) 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.submission of the appeal. (Article 5, Article 5,Section 5.3 , Adopted October 9, 2012)