Level V Sample Clauses
The 'Level V' clause typically defines a specific tier or category within a structured system, such as service levels, employee grades, or performance standards. In practice, this clause outlines the criteria, responsibilities, or benefits associated with reaching or being assigned to Level V, distinguishing it from other levels in the hierarchy. Its core function is to clearly delineate expectations and entitlements for parties at this level, ensuring transparency and consistency in the application of the agreement.
Level V. If the grievant is not satisfied with the decision at Level IV, the grievant may, within ten (10) days, submit the grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. If an agreement is reached at mediation, the agreement shall be reduced to writing and shall be signed by the grievant, the Association, and the District. If the grievant, the Association, and the District have not resolved the grievance with the assistance of the mediator, the Association may appeal the matter to the next level.
Level V. Either the District or the grievant may appeal the advisory award of the arbitrator to the Board of Trustees within ten (10) working days after the receipt of such advisory award. The Board of Trustees shall place the appeal on the agenda of the next regular Board meeting as an item for Board consideration and shall render its decision by the following regular Board meeting. If the Board has not received the transcript of the arbitration hearing by the time of its first (1st) meeting for consideration of the appeal, the time for Board consideration and decision shall be extended until the receipt of the transcript. The decision of the Board of Trustees shall be final and binding.
Level V. If Binding Arbitration is not agreed to in Level IV and the grievant is 2 not satisfied with the disposition of his/her grievance at level IV, or if no written 3 decision has been rendered within ten (10) days after submission of the grievance 4 to the Superintendent, the Association may within ten (10) days request in writing 5 that the grievance be submitted to arbitration. The parties shall select a mutually 6 acceptable arbitrator. Should they be unable to agree on an arbitrator within ten 7 (10) days of the Association’s submission of the grievance to arbitration, 8 submission of the grievance shall be made to the American Arbitration
Level V. If the "grievant" is not satisfied with the decision at Level IV, the grievant may within ten (10) days of receipt of the Level IV response, submit a request in writing to the Superintendent for final resolution of the dispute.
Level V. 10.5.5.1 Within twenty (20) days after the Association has submitted the grievance to mediation, the Association and the District shall attempt to agree upon a mediator. If they are unable to agree upon a mediator, the District shall request a list of mediators from the State Conciliation and Mediation Service.
10.5.5.2 The purpose of the mediation is to attempt to resolve the grievance in its entirety pursuant to the Agreement of the Association and the District. If the mediation does not successfully resolve the dispute, the Association may, within ten (10) days of the termination of mediation, as determined by the mediator, submit the matter to Level VI, Binding Arbitration.
Level V. The arbitration shall be conducted in accordance with the Voluntary Arbitration Rules of the American Arbitration Association (AAA) and the provisions of this procedure. However, upon the mutual agreement of the District and the Association, the arbitration may proceed under the Expedited Rules of the AAA. The arbitrator shall be selected from a list provided by the AAA by eliminating names until only one (1) name remains. The one (1) remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) working days of receipt by both parties of the AAA list. The arbitrator shall have no power to alter, amend, add to, subtract from, or disregard any of the terms of this Agreement, but shall determine only if there has been a violation of a provision(s) of this Agreement as alleged in the grievance. The arbitrator will be without power or authority to make any decision, which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator shall be advisory only and shall be in the form of a written recommendation to the Board of Trustees. Copies of the decision shall be submitted to the District, the Association, and the grievant. The parties shall share all fees and expenses of the arbitration, including charges by the arbitrator, room rental, court reporter, and transcript, equally. Each party shall bear its own attorneys' fees and costs, if any.
Level V a. If the grievant is not satisfied with the decision of the Board of Education, the Association may request the appointment of an arbitrator.
b. The request will be made to the New Jersey Public Employment Relations
Level V. In the event that the grievant is not satisfied with the decision at Level IV, the grievant may within seven (7) working days of the issuance of the Level IV decision, request the Association to submit the grievance to arbitration (a copy of such request shall be sent to the District). The Association may, within seven (7) working days after service of such request, give written notice to the superintendent/president of its interest to submit the grievance to arbitration.
1. The parties shall attempt to select a mutually acceptable arbitrator.
2. In the absences of such agreement, the parties shall request a list of seven (7) arbitrators with a background in public education from the California State Mediation and Conciliation Service.
3. If any questions arise as to the arbitrability of the grievance, such questions will be ruled upon first by the arbitrator.
4. The arbitrator’s decision will be in writing and will set forth findings of fact, reasoning, and conclusions on the issues submitted.
5. The arbitrator, in rendering his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement.
6. The arbitrator’s authority shall be limited to deciding only the issue or issues presented by the District and the grievant of the grievant’s interpretation of the meaning or application of the language of this Agreement.
7. The decision of the arbitrator shall be advisory.
8. If the Governing Board rejects the arbitrator’s decision, it will justify its rejection in writing by the next board meeting to the parties.
9. Administration will not participate in discussion of the arbitrator’s decision in closed session. The costs of the compensation to the arbitrator and the reimbursement of the arbitrator’s travel and subsistence expenses will be borne equally by the District and the Association. All other costs will be borne by the party incurring the costs. If the Association determines not to pursue the grievance beyond grievance mediation, then the grievance process is complete.
Level V. 7.5.1 If the grievant is not satisfied with the disposition of his/her grievance at Level IV, the grievant may request that the Association submit the grievance to arbitration in accordance with the following provisions. 8.
7.5.2 The Association shall have twenty (20) days following the conclusion of mediation in Level IV to submit the grievance to arbitration.
Level V. If the grievance is not resolved at Level Three (3) or Four (4), the employee shall file, within ten (10) days, a receipt of the recommended resolution, a request for advisory arbitration, outlining the basis for the grievance and the requested adjustment, and including the written proposed resolution received at Level Three (3) and Four (4). The Teamsters must consent, in writing, to moving the grievance to arbitration. The advisory arbitrator shall be an arbitrator chosen by mutual Agreement of the District and the Union. The neutral shall be selected from a list of arbitrators provided by the State Mediation and Conciliation Service, except that the parties may mutually agree to another mode of selection. The District and the Union shall bear the arbitration expenses equally, excluding any fees incurred by a party for their own representation. Upon submission of the grievance at Level Three, the advisory arbitrator shall be chosen within twenty-two (22) working days. After selection of the arbitrator, a hearing shall be conducted as soon as is practical. The arbitrator shall have no power to add to or subtract from the Agreement. The arbitrator shall not establish salary structures. The arbitrator shall, within ten (10) days after the completion of the hearing, submit its recommendations to the Governing Board (with copies to the Union and grievant), unless otherwise agreed by the parties. Within ten (10) days of receipt of the panel's recommendation, the Governing Board shall render a final and binding decision, absent appeal to a court of competent jurisdiction. The grievant retains the right to bypass arbitration and appeal the Superintendent's decision directly to the Governing Board.