Step Four If the grievance is not settled at Step Three and the Association desires to appeal it to the Fourth Step, the Association must file a written request for binding arbitration with either the American Arbitration Association (AAA) or Michigan Arbitration & Mediation Association (MAMA) and must serve a written copy of such request upon the Superintendent, all within fifteen (15) working days after the Board's Step Three answer. AAA or MAMA shall appoint an arbitrator in accordance with their rules.
10.8.1 Any such binding arbitration proceeding shall be subject to all of the following terms and conditions:
a. The recommendation(s) of the arbitrator shall be binding upon the Board and the Association. However, each party may have its legal remedies if the arbitrator exceeds the powers described in this Agreement.
b. Not more than one (1) grievance shall be heard by any arbitrator at any one time unless the parties mutually agree otherwise. The arbitration hearing shall be held in Board offices; or at a mutually agreeable site.
c. The arbitrator shall have no authority, directly or indirectly, to add to, subtract from, disregard, alter or modify any provision or provisions of the Agreement; her/his powers are limited to interpreting this Agreement.
d. The arbitrator shall not base his/her recommendation(s) on state or federal law, or interpret state or federal law or the Constitution, but must make recommendation(s) solely on the basis of the provisions of this Agreement.
e. The arbitrator shall not recommend any alteration in any policies, rules and/or actions of the Board which are not specifically in violation of this Agreement.
f. The arbitrator shall not recommend any monetary or financial adjustment or settlement of a grievance retroactively more than twenty five (25) working days before the date of filing the grievance, or the payroll period immediately preceding initiation of the grievance at the Informal Level, whichever is longer; and any claim for or recommendation of back wages shall be offset by any unemployment compensation paid, and by any compensation derived from any substitute employment or interim earnings (provided such earnings were not part of grievant's earnings prior to the incident precipitating the grievance), during the period for which back wages are sought.
g. The arbitrator shall not recommend any punitive damages.
h. The arbitrator shall have no power to recommend new salary schedules, or to recommend any monetary adjustment where there has been no wage loss.
i. The costs or expenses of the arbitrator shall be borne by the party least supported by the arbitrator’s decision as determined by the arbitrator. Any costs or expenses individually incurred by the parties, however, including any transcript of an arbitration proceeding ordered by a party shall be borne by the party incurring the cost of expense.
j. Any grievance which is not appealed to binding arbitration within the time limit hereinabove provided shall be considered adjusted and may not thereafter be so appealed.
k. The arbitrator shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide, except as they may be specifically limited by this agreement.
l. Grievances which are not filed or appealed in the manner or within the time limits specified in the grievance procedure shall be considered to have been withdrawn or abandoned and shall not be resubmitted. If the Board fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure.
m. It is understood and agreed, however, that the time limits specified in this grievance procedure may be extended by mutual agreement in writing between the aggrieved employee or Association and the Board.
n. Notwithstanding any other provisions hereof, any individual employee may at any time present a grievance through Step Two on the employee's own behalf and have the grievance adjusted, without intervention by the Association, if the adjustment is not inconsistent with the terms of this agreement, provided the Association has been afforded an opportunity to be present at such adjustment. A copy of any adjusted grievance under this paragraph will be forwarded to the Association President.
o. The decision of the arbitrator shall be final as to all parties and shall be enforceable through application of the Circuit Court for the County of Newaygo for enforcement.
p. Students’ FERPA rights will be honored throughout the process.
q. Any grounds or evidence not identified in the grievance procedure by written reference shall not be admitted at arbitration, except in the event that testimony provides newly discovered evidence, as the parties agree that the purpose of this procedure is to resolve all disputes at the earliest possible phase, and surprising the other party with new evidence or grounds at arbitration is contrary to that mutually recognized goal.
r. The grievance and arbitration procedure shall not apply to:
1. The discharge, discipline, failure to re-employ or suspension of a probationary employee.
2. Any matter involving the content of an employee's written evaluation, unless specifically stated otherwise herein.
3. Any provision of this agreement which contains an express exclusion from this procedure.
4. Any matter prescribed by law over which the Board either has no power or discretion, provided the matter and/or its impact is not addressed specifically in this Agreement. However, alleged contract violations that arise from the contractual impact of such matters prescribed by law are fully arbitrable, except for the nonnegotiable impacts identified in PA 112.
s. The following matters shall not be advanced to arbitration, though they may be processed through the grievance procedure:
1. Any matter or complaint for which there is recourse under state or federal statutes, (specifically EEOC, MDCR and OCR).
2. The content of any job description or posting, the qualifications or performance expectations required of any position.
3. Alleged procedural violations of Article 17 may advance to arbitration, but no evaluation shall be rescinded solely due to alleged procedural defects, unless such defects resulted in discipline or financial loss to the employee.
Contract Duration and Annual Salary 1. The College hereby employs the Administrator in the capacity of Assistant Controller, Associate Professor for one year, commencing on July 1, 2024 and terminating on June 30, 2025. The Administrator accepts such employment on the conditions hereinafter set forth, and any applicable provisions of the Board of Trustees Policy Manual. In the event of conflict between Board Policy and this Contract, the Contract shall govern.
2. For the 2024-2025 contract year, the Administrator shall receive an annual salary of $134,871.00 subject to applicable deductions, to be paid in bi-weekly installments as full compensation for all rights granted and service performed under this Contract.