Common use of Level Four Clause in Contracts

Level Four. If the alleged grievance is not resolved to the satisfaction of the Association within twenty (20) calendar work days immediately ensuing the response at Level Three, the Association may submit the grievance in writing to arbitration provided that the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration: a) Within ten (10) work days after written notice has been given by the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. Arbitration If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association his/her grievance at Level Three, he/she may within twenty (20) calendar work school days immediately ensuing after the response at Level Three, decision by the Association may submit the grievance Board request in writing to arbitration provided that the Association shall contemporaneously with the submission submit his/her grievance to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration: a) Within ten (10) work school days after such written notice has been given by of submission to arbitration, the Board and the Association shall attempt to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will agree upon a mutually acceptable arbitrator and will 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, either party a request for a list of arbitrators may request the designation of an arbitrator by be made to the American Arbitration Association, or Association by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationseither party. The parties will shall then be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Public Employment Relations Commission in the designation selection of an arbitrator. The arbitrator so elected shall confer with the Board and the proceedings before Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator’s decision shall be in writing and shall set forth his/her as otherwise herein provided. b) findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding with reference to grievances concerning the alleged misapplication, misinterpretation or violation of the Agreement commencing July 1, 2000. Advisory arbitration shall continue to be the final step for all other grievances of Board policy and administrative decisions. The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the District Board and the Association. c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The decision of the arbitrator Any other expenses incurred shall be final and binding upon paid by the parties, except that party incurring the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by lawsame. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. a. If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association within twenty (20) calendar work days immediately ensuing the response his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after s/he has first met with the Association Committee, s/he may, within five (5) school days after a decision by the Committee, request in writing the chairperson of the Grievance Committee or Professional Negotiating Team to submit his/her grievance to arbitration. If the Grievance Committee or Professional Negotiating Team determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of the Revere Public Schools, it may submit the grievance in writing to arbitration provided that within fifteen (15) school days after receipt of a request by the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration:aggrieved person. a) b. Within ten (10) work school days after such written notice has been given by the Association of submission to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set fortharbitration, the Association Committee and the District Grievance Committee or Professional Negotiating Team will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party a request for a list of arbitrators may request the designation of an arbitrator by be made to the American Arbitration Association, or by mutual agreement, Association in the parties may request selection of an arbitrator through the Massachusetts Division of Labor Relationsarbitrator. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation selection of an arbitrator and the proceedings before him/her as otherwise herein providedarbitrator. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. c) c. The arbitrator so selected will confer with the representatives of the District Committee and the Association Grievance Committee or Professional Negotiating Team and hold hearings promptly and will issue his/her decision as soon as possiblenot later than fifteen (15) days from the date of the close of the hearings: or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s 's decision will be in writing and will set forth his/her findings of fact, reasoning reasoning, and conclusions on the issue issues submitted. d) . The decision of the arbitrator shall will be submitted to the Committee and to the Association and, subject to law, will be final and binding upon the parties, except provided that the arbitrator shall make not usurp the functions of the Committee or the proper exercise of its judgment and discretion under law and this Agreement. The arbitrator will have no power to alter, add to, or detract from the provisions of this Agreement. d. The costs for the services of the arbitrator, including per diem expenses (if any), and actual and necessary travel and subsistence expenses, will be borne equally by the Committee and the Association. e. Either the Committee or the Association may appeal the decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior the arbitrator to the effective date of this agreementSuperior Court. Upon application by either party, the Court will vacate an award if: (1) the award was procured by corruption, fraud or other undue means; (2) there was evident partiality by an arbitrator appointed as a neutral, or which modifies corruption in any of the arbitrators, or abridges misconduct prejudicing the rights and prerogatives of any party; (3) the Committee as set forth arbitrators exceeded their powers or rendered an award requiring a person to commit an act or engage in Article II of this agreementconduct prohibited by state or federal law; (4) the arbitrators refused to postpone the hearing upon a sufficient cause being shown therefore, or which requires the commission of an act prohibited by law. e) The arbitration hearing will be held within the District unless both parties agree refused to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect hear evidence material to the matter submitted controversy, or otherwise so conducted the hearing as to said arbitrationprejudice substantially the rights of a party. However, the decision of the arbitrator will remain in full force and effect until such time as a final decision is handed down by the Court.

Level Four. a. If the alleged grievance Association is not resolved satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within ten (10) school days after being presented to the satisfaction of the Association within twenty (20) calendar work days immediately ensuing the response at Level ThreeBoard, the Association may submit within five (5) school days after a decision by the Board request in writing that the grievance in writing be submitted to arbitration provided that binding arbitration. If the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion determines that the grievance is meritoriousmeritorious and that it arises from the language of this Agreement or an alleged violation, misinterpretation or misapplication thereof and that submitting it to binding arbitration is in the best interest of the Republic- Michigamme School System, it may by written notice to the Board submit the grievance to binding arbitration within thirty (30) school days after receipt of a request by the aggrieved person. The following general provisions shall pertain to arbitration:Grievances which do not arise from the language of this Agreement or an alleged violation, misinterpretation, or misapplication thereof may be processed through Level Three but will not be arbitrable. a) b. Within ten (10) work school days after such written notice has been given by of submission to binding arbitration the Board and the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may a request the designation for a list of an arbitrator by arbitrators will be made to the American Arbitration Association, or Association by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationseither party. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation selection of an arbitrator and the proceedings before him/her as otherwise herein providedarbitrator. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. c) c. The arbitrator so selected will confer with the representatives of the District Board and the Association and hold hearings promptly and will issue his/her his decision as soon as possiblenot later then twenty (20) days from the date of the close of the hearings or if oral hearings have been waived, then from the date of the final statements and proofs are submitted to him. The arbitrator’s decision will be in writing and will set forth his/her his findings of fact, reasoning reasonings, and conclusions on the issue issues submitted. The arbitrator will be without power to make any decision which requires the commission of any act prohibited by law or which is violative of the terms of this Agreement. He shall have no power to rule on any of the following: 1. The termination of services of or failure to re-employ any probationary teacher. d) 2. The decision termination of services or failure to re-employ any teacher to a position on the extracurricular schedule. 3. Any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan as amended). 4. Any matter involving teacher evaluation. d. The fees and expenses of the arbitrator shall be final shared equally by the Board and binding upon the partiesAssociation. All other expenses shall be borne by the party incurring them, except that and neither party shall be responsible for the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period expense of time prior to witnesses called by the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by lawother. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. If the alleged grievance is not resolved to the satisfaction of the Association employee and the Bargaining Unit within twenty (20) calendar work days immediately ensuing the response at Level Three, the Association Bargaining Unit may submit the a grievance in writing to arbitration arbitration, provided that the Association Bargaining Unit shall contemporaneously with the submission to arbitration, advise the District in writing, that the Association Bargaining Unit is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration:. a) Within ten (10) work days after written notice has been given by the Association Bargaining Unit to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association Bargaining Unit and the District School Committee will agree upon a mutually acceptable arbitrator and will obtain a such commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator by the American Arbitration Association, Association or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules and procedures of procedure of the American Arbitration Association or Massachusetts Division of Labor Relations Relations, in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided. b) The cost for of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the AssociationBargaining Unit. c) The arbitrator will confer with the representatives of the District School Committee and the Association Bargaining Unit and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) . The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. ed) The arbitration hearing will be held within the District unless both parties agree to another designated place. fe) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association Bargaining Unit may have with respect to the matter submitted to said arbitration.

Level Four. 5.4.1 If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association his/her grievance at Level Three, or if no decision has been rendered within twenty (20) calendar work school days immediately ensuing by the response at Level Three, the Association may submit School Committee after the grievance was submitted in writing to arbitration provided that the Association shall contemporaneously Superintendent-Director for the Committee, he/she may, within five (5) school days after the decision has been rendered or after twenty (20) school days has passed since the grievance was filed with the submission Superintendent-Director for transmittal to the Committee, whichever is sooner, request in writing to the Chairman of the PR&R Committee to submit his/her grievance to arbitration, advise District in writing, that . If the Association is of the opinion PR&R Committee determines that the grievance is meritorious. The following general provisions shall pertain , it may submit the grievance to arbitration:binding arbitration within fifteen (15) school days after receipt of a request by the aggrieved person. a) 5.4.2 Within ten (10) work school days after such written notice has been given by the Association of submission to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set fortharbitration, the Association Sub-Committee and the District PR&R Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party a request for a list of arbitrators may request the designation of an arbitrator by be made to the American Arbitration Association, or Association by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationseither party. The parties will be bound by the rules and procedures will bind the parties of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation selection of an arbitrator. 5.4.3 The arbitrator so selected will confer with representatives of the Committee and the proceedings before himPR&R Committee and hold hearings promptly and will issue his/her as otherwise herein provideddecision not later than twenty (20) days from the date of the close of the hearings or if oral hearings have been waived then from the date the final statements and proofs are submitted to him. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on 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 violation of the terms of this Agreement. The decision of the arbitrator will be submitted to the Committee and to the Association and will be final and binding. b) 5.4.4 The cost costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall will be borne equally by the District Committee and the Association. c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. a) If the alleged grievance Association is not resolved satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within ten (10) school days after being presented to the satisfaction of the Association within twenty (20) calendar work days immediately ensuing the response at Level ThreeBoard, the Association may submit within five (5) school days after a decision by the Board request in writing that the grievance in writing be submitted to arbitration provided that binding arbitration. If the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion determines that the grievance is meritoriousmeritorious and that it arises from the language of this Agreement or an alleged violation, misinterpretation or misapplication thereof and that submitting it to binding arbitration is in the best interest of the Republic-Michigamme School System, it may by written notice to the Board submit the grievance to binding arbitration within thirty (30) school days after receipt of a request by the aggrieved person. The following general provisions shall pertain to arbitration:Grievances which do not arise from the language of this Agreement or an alleged violation, misinterpretation, or misapplication thereof may be processed through Level Three but will not be arbitrable. ab) Within ten (10) work school days after such written notice has been given by of submission to binding arbitration the Board and the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may a request the designation for a list of an arbitrator by arbitrators will be made to the American Arbitration Association, or Association by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationseither party. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation selection of an arbitrator and the proceedings before him/her as otherwise herein provided. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. c) The arbitrator so selected will confer with the representatives of the District Board and the Association and hold hearings promptly and will issue his/her his decision as soon as possiblenot later then twenty (20) days from the date of the close of the hearings or if oral hearings have been waived, then from the date of the final statements and proofs are submitted to him. The arbitrator’s decision will be in writing and will set forth his/her his findings of fact, reasoning reasons, and conclusions on the issue issues submitted. The arbitrator will be without power to make any decision which requires the commission of any act prohibited by law or which is a violation of the terms of this Agreement. He shall have no power to rule on any of the following: 1. Any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan as amended). 2. The termination of services of or failure to re-employ any probationary teacher. 3. The termination of services or failure to re-employ any teacher to a position on the extra- curricular schedule. d) The decision fees and expenses of the arbitrator shall be final shared equally by the Board and binding upon the partiesAssociation. All other expenses shall be borne by the party incurring them, except that and neither party shall be responsible for the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period expense of time prior to witnesses called by the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by lawother. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. a. If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association within twenty (20) calendar work days immediately ensuing the response his grievance at Level Three, or if no decision has been rendered within ten (10) school days after he has first met with the Association may submit Board Committee, he may, within five (5) school days after a decision by the grievance Board or fifteen (15) school days after he has first met with the Board Committee, which ever is sooner, request in writing the Chairman of the PR&R Committee to arbitration provided that the Association shall contemporaneously with the submission submit his grievance to arbitration, advise District in writing, that . If the Association is of the opinion PR&R Committee determines that the grievance is meritoriousmeritorious and that it arised from the language of this Agreement or an alleged breach thereof and that submitting it to arbitration is in the best interests of the Bessemer School System, it may by written notice to the Board submit the grievance to arbitration within fifteen (15) school days after receipt of the request by the aggrieved person. The following general provisions shall pertain to arbitration:Grievances which do not arise from the language of this Agreement, or an alleged breach thereof, may be processed through Level Three, but will not be arbitrable. a) b. Within ten (10) work school days after such written notice has been given by the Association of submission to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set fortharbitration, the Association Board Committee and the District PR&R Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may a request the designation for a list of an arbitrator by arbitrators will be made to the American Arbitration Association, or Association by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationseither party. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation selection of an arbitrator. c. The arbitrator so selected will confer with representatives of the Board and the proceedings before PR&R Committee and hold hearings promptly and will issue his decision not later than twenty (20) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her as otherwise herein provided. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of any act prohibited by law or which is violative of the terms of this Agreement. Arbitration of grievances arising from the language of this Agreement or an alleged breach thereof will be final and binding. b) d. The cost costs for the services of the arbitratorarbitration, including per diem expenses, if expenses of any, and actual and necessary travel and subsistence expenses, shall will be borne equally by the District Board and the Association. c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. (a) If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association within twenty (20) calendar work days immediately ensuing the response his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after he/she has first met with the Board, he/she may, within five (5) school days after a decision by the Board or fifteen (15) school days after he/she has first met with the Board, whichever is sooner, file the grievance in writing with the President of the Association or his/her designee with a copy to the Superintendent of Schools requesting the Association to submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of the school system, it may submit the grievance in writing to arbitration provided within ten (10) school days after receipt of a request by the aggrieved person by notifying the Board and the Superintendent to that the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration:effect. a(b) Within ten (10) work school days after such written notice has been given by of submission to arbitration, the Board and the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will may agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to servearbitrator. If the parties they are unable to agree upon on an arbitrator or to obtain within such commitment within the specified periodtime, then either party may request the designation of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division Association to designate a panel of Labor Relations. The parties will be bound by arbitrators experienced in public employment relations with reference to schools from which in accordance with the rules and procedures then obtaining of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation of an arbitrator and the proceedings before him/her as otherwise herein providedwill be selected or designated. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. (c) The arbitrator so selected will confer with hold closed hearings promptly in the representatives City of the District and the Association and hold hearings White Plains and will issue his/her decision as soon as possiblea written award not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted. The arbitrator’s decision arbitrator will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The without power or authority to make any decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. e) law or which is violative of the terms of this Agreement; nor shall he/she have power to add to, subtract from, change or modify any provision of this Agreement. He/she shall be authorized only to interpret the existing provisions of this Agreement and apply them to the specific facts of the grievance. The arbitration hearing will be held within decision of the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have arbitrator with respect to all contract grievances will be binding. (d) The costs for the matter submitted to said arbitrationservices of the arbitrator will be borne equally by the School District and the Association.

Level Four. a) If the alleged grievance Association is not resolved satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within ten (10) school days after being presented to the satisfaction of the Association within twenty (20) calendar work days immediately ensuing the response at Level ThreeBoard, the Association may submit within five (5) school days after a decision by the Board request in writing that the grievance in writing be submitted to arbitration provided that binding arbitration. If the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion determines that the grievance is meritoriousmeritorious and that it arises from the language of this Agreement or an alleged violation, misinterpretation or misapplication thereof and that submitting it to binding arbitration is in the best interest of the Republic-Michigamme School System, it may by written notice to the Board submit the grievance to binding arbitration within thirty (30) school days after receipt of a request by the aggrieved person. The following general provisions shall pertain to arbitration:Grievances which do not arise from the language of this Agreement or an alleged violation, misinterpretation, or misapplication thereof may be processed through Level Three but will not be arbitrable. ab) Within ten (10) work school days after such written notice has been given by of submission to binding arbitration the Board and the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may a request the designation for a list of an arbitrator by arbitrators will be made to the American Arbitration Association, or Association by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationseither party. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation selection of an arbitrator and the proceedings before him/her as otherwise herein provided. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. c) The arbitrator so selected will confer with the representatives of the District Board and the Association and hold hearings promptly and will issue his/her his decision as soon as possiblenot later than twenty (20) days from the date of the close of the hearings or if oral hearings have been waived, then from the date of the final statements and proofs are submitted to him. The arbitrator’s decision will be in writing and will set forth his/her his findings of fact, reasoning reasons, and conclusions on the issue issues submitted. The arbitrator will be without power to make any decision which requires the commission of any act prohibited by law or which is a violation of the terms of this Agreement. He shall have no power to rule on any of the following: 1. Any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV, Public Acts, extra session of 1937 of Michigan as amended). 2. The termination of services of or failure to re-employ any probationary teacher. 3. The termination of services or failure to re-employ any teacher to a position on the extra- curricular schedule. d) The decision fees and expenses of the arbitrator shall be final shared equally by the Board and binding upon the partiesAssociation. All other expenses shall be borne by the party incurring them, except that and neither party shall be responsible for the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period expense of time prior to witnesses called by the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by lawother. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. (a) If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association within twenty (20) calendar work days immediately ensuing the response his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after he/she first met with the Association Committee, he/she may, within five (5) school days after a decision by the School Committee or fifteen (15) school days after he/she has first met with the Committee, whichever is sooner, request in writing the Chairman of the PR&R Committee to submit his/her grievance to arbitration. If the PR&R Committee determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of all concerned it may submit the grievance in writing to binding arbitration provided that within fifteen (15) school days after receipt of a request by the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration:aggrieved person. a(b) Within ten (10) work school days after such written notice has been given of arbitration, the Committee and Association shall attempt to agree upon an arbitrator to hear the dispute. If no agreement is reached within ten (10) school days the grievance shall be submitted by the Association to the District that a grievance is to be submitted to arbitration American Arbitration Association in accordance with the provisions hereinabove set forth, AAA rules for the Association and the District will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation arbitration of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations in the designation of an arbitrator and the proceedings before him/her as otherwise herein providedlabor disputes. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. (c) The arbitrator will confer with issue its decision not later than twenty (20) school days from the representatives of date the District and the Association and hold hearings and will issue his/her decision as soon as possiblegrievance was first submitted to it for arbitration. The arbitratorArbitrator’s decision will be in writing and will set forth his/her its findings of fact, reasoning and conclusions on the issue issues submitted. d) . The award or decision of the arbitrator made in any such arbitration shall be final and binding upon on the partiesSchool Committee, except the Association, and the aggrieved employee; provided, however, that the arbitrator no such award or decision shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for be inconsistent with any period of time prior to the effective date provisions of this agreementContract or shall be in conflict with any applicable law, ordinance, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by by-law. (d) Any costs for such arbitration as described in this section will be borne equally by the School Committee and the Association. (e) In the event a grievance is filed on or after May 1, which if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth above shall mean calendar days exclusive of Saturdays, Sundays, and legal holidays. The arbitration hearing will be held within the District time limits indicated above are maximum unless both parties agree to another designated placeextended by mutual agreement. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. (a) If the alleged grievance Association or Grievant is not resolved to dissatisfied with the satisfaction disposition of the Association matter or if no answer is given by the School Committee within twenty ten (2010) calendar work days, then within seven (7) days immediately ensuing of the response at Level Threedisposition or the last day on which an answer may be given by the Committee, the Association may submit the grievance in writing to file a demand for arbitration provided that the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration: a) Within ten (10) work days after written notice has been given by the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator by the American Arbitration Association, or . It is recognized by mutual agreementthe parties that after the demand for arbitration is filed, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division and their time limits and procedures shall apply. The list of Labor Relations in the designation of an arbitrator arbitrators shall be provided by said Association and the proceedings before him/her arbitrator will be chosen from the lists of that Association in accordance with their rules. The parties will make every effort to have the matter heard as otherwise herein providedsoon as is reasonably possible. (b) The cost decision of the arbitrator will be rendered within thirty (30) days of submission of briefs or if there are no briefs, after the close of the hearing. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall have no power to add to, subtract from, modify or amend any of the provisions of this Agreement, nor modify disciplinary action, nor shall he usurp the functions of the Committee or the proper exercise of its judgment and discretion under the Law and this Agreement, nor may he compel an act which is in derogation of such rights. No award shall be effective retroactively beyond the date at which the grievance was first presented under the Grievance Procedure established herein. The decision of the arbitrator will be submitted to the School Committee and to the Association and shall be final and binding upon the parties to this Agreement, and upon the aggrieved person or persons. Both parties to this Agreement realize that the submission of a particular matter to arbitration proceedings represents a step which, in most instances, ought to be avoided. Accordingly, before the arbitration option hereunder is invoked, the parties may mutually schedule such meetings as may be appropriate between representatives of both sides to attempt to resolve the matter on a local level. (c) Dismissals and suspensions of teachers either on professional teacher status or non-professional teacher status as provided for under General Laws, Chapter 71, Section 42, as amended, or any other applicable law, shall not be grievable, but the teacher shall have all of the rights and remedies provided for under General Laws, Chapter 71, Section 42, as amended, or any other applicable law, shall now be grievable, but the teacher shall have all the rights and remedies provided for under the aforesaid laws. (d) If, at any time after the execution of this Agreement, binding arbitration is found to be illegal or is prohibited by legislative action, all references and provisions herein to such a procedure and the effect and application thereof shall thereafter be deemed null and void, and of no effect. If, at the time of such adjudication or legislative action, there are any grievances which have been submitted to arbitration and upon which no decision has been reached by the arbitrator under Article III, Section 4 (c), such grievances shall be affected only to the extent that the findings of the arbitrator shall be received and considered by the parties as advisory only. No further arbitration submissions will be required or permitted, and the grievance process will terminate at Level Three, and the decision of the Committee will thereafter be final. (e) The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall expenses will be borne equally by the District School Committee and the Association. c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. a. If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of his/her grievance at Level Three, or if no decision has been rendered within fifteen (15) school days after he/she has first met with the Association Board or its designated committee, he/she may, within five (5) school days after a decision by the Board or twenty (20) calendar work school days immediately ensuing after he/she first met with the response at Level ThreeBoard or its designated Committee, whichever is sooner, request in writing that the Association Chairperson of the PR&R Committee submit his grievance to arbitration. If the PR&R Committee determines that the grievance is meritorious and that submitting it to arbitration is in the best interest of the Unit Member, it may submit the grievance in writing to arbitration provided within fifteen (15) school days after receipt of a request by the aggrieved person by notifying the Board to that the Association shall contemporaneously with the effect. b. Within fifteen (15) school days after such written notice of submission to arbitration, advise District in writing, that the Association is of Board and the opinion that PR&R Committee agree to submit the grievance is meritorious. The following general provisions shall pertain for arbitration to arbitration: a) Within ten (10) work days after written notice has been given by the Association to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties and all hearings will be bound by conducted under the rules and procedures of the American Arbitration Association Association. c. The Arbitrator so selected will confer with representatives of the Board and the PR&R Committee and hold hearings promptly in Seneca County, unless both parties mutually agree to meet elsewhere, and will issue a decision no later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted. The decisions of the Arbitrator will be in writing and will set forth the findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or Massachusetts Division of Labor Relations in authority to make any decision that requires the designation commission of an arbitrator act prohibited by law or which is violative of the terms of this Agreement. The decision of the determination of the grievance by the Arbitrator will be final and the proceedings before him/her as otherwise herein providedbinding on both parties. However, such decision shall be reviewable upon appeal to any court of competent jurisdiction. b) d. The cost costs for the services of the arbitratorArbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall will be borne equally by the School District and the Association, provided the grievance has been approved at the third level by the PR&R Committee. c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. Arbitration (a) If the alleged grievance Association is not resolved to satisfied with the satisfaction disposition of a grievance filed by the Association at Level Three, or if no decision has been rendered within twenty (20) calendar work school days immediately ensuing after the response grievance was delivered to the Board or after the conclusion of any hearing conducted by the Board, the Association may, within ten (10) school days after the decision by the Board or after the conclusion of any hearing conducted by the Board, whichever is sooner, submit the grievance to arbitration. (b) If a Teacher grievant is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within twenty (20) school days after the grievance was delivered to the Board or after the conclusion of any hearing conducted by the Board, the Teacher grievant may, within ten (10) school days after the decision by the Board or thirty (30) school days after the grievance was delivered to the Board or after the conclusion of any hearing conducted by the Board, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the Teacher grievance is meritorious, it may submit the grievance in writing to arbitration provided that within ten (10) school days after receipt of a request by the Association shall contemporaneously with the submission to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration:Teacher grievant. a(c) Within ten (10) work school days after such written notice has been given by of submission to arbitration, the Board and the Association shall attempt to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will agree upon a mutually acceptable arbitrator and will 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 Public Employment Relations Commission (“P.E.R.C.”) by either party may request the designation of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationsparty. The parties will shall then be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Relations P.E.R.C. in the designation selection of an arbitrator and during the proceedings before him/her as otherwise herein providedarbitration proceedings. b) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. c(d) The arbitrator will selected shall confer with the representatives of the District Board and the Association and hold hearings a hearing promptly and will shall issue his/her decision as soon as possibleno later than thirty (30) days from the date of the close of the hearing, or from the date the final statements and proofs, including briefs and legal memoranda, are submitted to the arbitrator. The arbitrator’s decision will shall be final and binding upon the parties and shall be in writing and will shall set forth his/her his findings of fact, reasoning and conclusions on the issue issues submitted. d(e) The decision authority of the arbitrator shall be final limited to the interpretation, application or the compliance with the provision of this Agreement, and binding upon the parties, except that the arbitrator shall make have no decision which altersauthority to modify, amendsadd to, adds to subtract from, or detracts from this agreement or which recommends a right or relief for in any period way alter any of time prior to the effective date terms of this agreementAgreement, or which modifies or abridges and the rights arbitrator shall be bound by and prerogatives decide in accordance with all applicable New Jersey and Federal Statutes, the Committee as set forth in Article II Constitutions of this agreementthe State of New Jersey and of the United States, or which requires and all decision(s) of the commission Commissioner of an act prohibited by lawEducation, the State Board of Education, the Courts of the State of New Jersey and the Federal Courts having jurisdiction over matters arising with the State of New Jersey. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. If the alleged grievance is not resolved to the satisfaction of the Association employee and the Bargaining Unit within twenty (20) calendar work days immediately ensuing the response at Level Three, the Association Bargaining Unit may submit the a grievance in writing to arbitration a local arbitrator mutually agreed upon by the Unit and the School Committee, provided that the Association Bargaining Unit shall contemporaneously with the submission to arbitration, advise the District in writing, that the Association Bargaining Unit is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration: a) : Within ten (10) work days after written notice has been given by the Association Bargaining Unit to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association Bargaining Unit and the District School Committee will agree upon a mutually acceptable arbitrator and will obtain a such commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, either party may request the designation of an arbitrator by the American Arbitration Association, Association or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relations. The parties will be bound by the rules and procedures of procedure of the American Arbitration Association or Massachusetts Division of Labor Relations Relations, in the designation of an arbitrator and the proceedings before him/her as otherwise herein provided. b) . The cost for of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association. c) Bargaining Unit. The arbitrator will confer with the representatives of the District School Committee and the Association Bargaining Unit and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) . The decision of the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by law. e) . The arbitration hearing will be held within the District unless both parties agree to another designated place. f) . The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association Bargaining Unit may have with respect to the matter submitted to said arbitration. The District acknowledges the right of the Bargaining Unit to participate in the processing of a grievance at any level. Provided the parties agree, Level One and/or Level Two of the grievance procedure may be passed and the grievance brought directly to the next step. No reprisals of any kind will be taken by the District or its agents or members of the School Committee because of the participation in this grievance procedure or by any bargaining member against the District or its agents or members of the School Committee. All documents, communications and records dealing with the processing of the grievance shall be filed separately from the personnel files of the participants. The District and the Bargaining Unit will cooperate with each other in the investigation of any grievance and, further, will furnish to each other such information, if available, as required for the processing of any grievance. Grievance meetings and the investigation of the same will normally take place outside of school hours. Arbitration meetings will be held outside of school hours.

Level Four. Arbitration If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association his/her grievance at Level Three, he/she may within twenty (20) calendar work school days immediately ensuing after the response at Level Three, decision by the Association may submit the grievance Board request in writing to arbitration provided that the Association shall contemporaneously with the submission submit his/her grievance to arbitration, advise District in writing, that the Association is of the opinion that the grievance is meritorious. The following general provisions shall pertain to arbitration: a) Within ten (10) work school days after such written notice has been given by of submission to arbitration, the Board and the Association shall attempt to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set forth, the Association and the District will agree upon a mutually acceptable arbitrator and will 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 Public Employment Relations Commission by either party may request the designation of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationsparty. The parties will shall then be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of Labor Public Employment Relations Commission in the designation selection of an arbitrator. The arbitrator so selected shall confer with the Board and the proceedings before Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her as otherwise herein provided. b) findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding with reference to grievances concerning the alleged misapplication, misinterpretation or violation of the Agreement commencing July 1, 2001. Advisory arbitration shall continue to be the final step for all other grievances of Board policy and administrative decisions. The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the District and party whom the Association. c) The arbitrator will confer with ruled against. If a consent award is agreed to by the representatives of parties, costs shall be split. If the District and complaint is settled, costs shall be split. If the Association and hold hearings and will issue his/her decision parties disagree as soon as possible. The arbitrator’s decision will be in writing and will set forth his/her findings of factto whom shall pay, reasoning and conclusions on the issue submitted. d) The decision of the arbitrator shall be final and binding upon have authority to assess costs. Any grievance not answered within the partiesprescribed time limits, except that at the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period level of time prior to the effective date of this agreementSuperintendent, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II Board of this agreementEducation, or which requires the commission of an act prohibited by lawshall be sustained. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.

Level Four. a. If the alleged grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the Association within twenty (20) calendar work days immediately ensuing the response his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after the Association may submit the grievance in writing to arbitration provided that the Association shall contemporaneously meeting with the submission to arbitrationBoard, advise District the aggrieved person may, within five (5) school days after a decision by the Board, or fifteen (15) school days after the meeting with Board, whichever is sooner, request, in writing, that the Association is Chairperson of the opinion Teacher Rights Committee submit that grievance to arbitration. If the Teacher Rights Committee determines that the grievance is meritorious. The following general provisions shall pertain meritorious and that submitting it to arbitration:arbitration is in the best interests of the school system, it may submit the grievance, in writing, to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person. a) b. Within ten (10) work school days after such written notice has been given by the Association of submission to the District that a grievance is to be submitted to arbitration in accordance with the provisions hereinabove set fortharbitration, the Association Board and the District Teacher Rights Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the NH Public Employees Labor Relations Board by either party may request the designation of an arbitrator by the American Arbitration Association, or by mutual agreement, the parties may request an arbitrator through the Massachusetts Division of Labor Relationsparty. The parties will then be bound by the rules and procedures of the American Arbitration Association or Massachusetts Division of NH Public Employees Labor Relations Board in the designation selection of an arbitrator. c. The arbitrator so selected will confer with representatives of the Board and the proceedings before him/her as otherwise herein providedTeacher Rights Committee and hold hearings promptly and will issue a decision not later than twenty (20) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to the arbitrator. The arbitrator's decision will be in writing and will set forth findings of fact, reasoning and conclusions 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 violate of the terms of this Agreement or which changes or amends this Agreement. b) d. The cost decision of the arbitrator shall be binding upon both parties. However, both parties shall have a right to appeal to the New Hampshire Superior Court under the provision of Revised Statutes Annotated, Chapter 542, as amended. It is hereby specifically agreed by the Board and the Association that this contract and the grievance procedure clause are subject to the provisions of New Hampshire Revised Statutes Annotated, Chapter 542, as amended. e. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall will be borne equally by the District Board and the Association. c) The arbitrator will confer with the representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator’s decision will parties agree that the party which requests a postponement of any arbitration hearing shall be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issue submitted. d) The decision of obligated to pay any costs or fees submitted by the arbitrator shall be final and binding upon and/or the parties, except that NH Public Employees Labor Relations Board which result from the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives the Committee as set forth in Article II of this agreement, or which requires the commission of an act prohibited by lawpostponement. e) The arbitration hearing will be held within the District unless both parties agree to another designated place. f) The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said employee or Association may have with respect to the matter submitted to said arbitration.