Common use of Step Three Clause in Contracts

Step Three. If the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at the request of the Association, provided written notice of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the day of the Request for Submission to Arbitration, the arbitrator shall be selected according to the rules of the American Arbitration Asso- ciation. Provided the Board, or its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. The arbitrator shall render his/her opinion only with respect to the particular grievance submitted and such opinion shall be binding upon the Board and the Association. The arbitrator’s fees and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether the Board has violated an express Article or Section of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any of the terms of this Agreement, nor shall the arbitrator substitute his/her judgment for that of the parties. Section 7: The number of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. Arbitration If the grievance remains unresolved at grievant is not satisfied with the conclusion of answer in Step Two, it may be submitted to arbitration at the request of the Association, provided written notice of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) calendar days after receipt of the Step Two response, (or ten (10) calendar days after the day Step Two meeting if no response is received) the Union may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Discipline consisting of a verbal warning, written reprimand or suspension not resulting in a loss of pay is subject to appeal to Step One of the Request for Submission grievance procedure only and shall not be subject to Arbitrationarbitration. Within twenty-one (21) calendar days of the Employer’s receipt of the notice of intent to arbitrate, the Union, shall, by letter, solicit nominations for arbitrators from the Federal Mediation and Conciliation Services (“FMCS”) to hear the arbitration. Upon receipt of such list of arbitrators the parties shall meet and attempt to select one (1) arbitrator from the list. Both parties may exercise the option to strike the entire panel of proposed arbitrators once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, and the parties otherwise fail to agree upon the selection of one (1) arbitrator, the parties shall then proceed to alternately strike one (1) name each from the list. Determination regarding which party shall have the privilege of striking a name from the list first shall be resolved by the toss of a coin or another mutually agreeable method. The individual whose name remains on the list after the other names have been removed shall be the arbitrator. The FMCS shall be informed of the individual selected according and request that such arbitrator be assigned to the rules of the American Arbitration Asso- ciation. Provided the Board, or its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedingsgrievance. The arbitrator shall render his/her opinion only arrange with respect to the particular grievance submitted parties, the date, time and such opinion place of the meeting. The parties may also mutually agree upon an arbitrator without requesting a list from the FMCS. Arbitration proceedings shall be binding upon conducted under the Board and voluntary labor arbitration rules of the Association. The arbitrator’s fees and expenses shall be shared equally FMCS, except as modified by the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether the Board has violated an express Article or Section provisions of this Agreement. The arbitrator shall have no power conduct a fair and impartial hearing concerning the grievance, and shall only consider the testimony, evidence and documents received during the hearing. The arbitrator shall hear only one grievance at a time unless both parties agree, in writing, to add consolidate two (2) or more grievances. After a dispute on which the arbitrator is empowered to or subtract fromrule hereunder has been referred to him, disregard or alter such dispute may be withdrawn by either party. The withdrawing party shall be responsible for any applicable cancellation fees. The fees of the terms of this Agreementarbitrator and the rent, nor if any, for the hearing room shall the arbitrator substitute his/her judgment for that of be shared equally by the parties. Section 7: . Agency employees, called as witnesses by either party, shall receive their regular rate of pay from the Agency while attending such hearing during work time. In no event shall this provision result in over-time. The number expense of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure non-employee witness(es) shall be deemed withdrawn; providedborne, if at all, by the party calling that witness. The fees of a court reporter shall be paid by the party asking for one, however, such fee shall be split equally if both parties desire a reporter or otherwise request a copy of the time limits set forth herein transcript. No issue whatsoever may be extended by mutual written agreement between arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place during the Board, effective dates or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification extensions of this Agreement. No decision by an arbitrator shall infringe upon the rights or obligations of the Employer as expressed or intended by the provisions of Ohio law, except as specifically modified by the express written provisions of this Agreement. Either party may raise the issue of arbitrability before the arbitrator. In the event such issue is raised, the first question to be addressed by the arbitrator shall be whether the grievance is arbitrable. The arbitrator shall not change wage rates already in effect pursuant to this Agreement. No award of any one case arbitrator shall re- quire be retroactive adjustment for a period prior to the ten (10) day period for filing grievances set forth in Section 1. The arbitrator shall hear and record testimony from both parties and apply the rules of the FMCS. The arbitrator shall not have the authority or power to add to, subtract from, disregard, alter or modify any other caseof the terms or provisions of this Agreement. The arbitrator shall not grant prospective, equitable relief that extends beyond the express term of this Agreement. It is expressly understood that the decision of the arbitrator, within his/her function and authority as set forth herein, shall be final and binding upon both parties. The arbitrator’s decision and award shall be provided in writing and will state the issue(s) and rationale for reaching the decision.

Step Three. If the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at the request of the Association, provided written notice of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the day of the Request for Submission to Arbitration, the arbitrator shall be selected according to the rules of the American Arbitration Asso- ciationAssoci- ation. Provided the Board, or its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. The arbitrator shall render his/her opinion only with respect to the particular grievance submitted and such opinion shall be binding upon the Board and the Association. The arbitrator’s fees and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether the Board has violated an express Article or Section of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any of the terms of this Agreement, nor shall the arbitrator substitute his/her judgment for that of the parties. Section 7: The number of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless un- less agreed to otherwise by the parties. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. If the Superintendent’s or his/her designated representative’s answer is not satisfactory, the UNION president may move the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at by notifying the request BOARD, within thirty (30) calendar days after receipt of the AssociationEmployer’s answer at Step 2, provided written notice of their intent to arbitrate. (1) The parties (the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5Employer and AFSCME Council 25) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall then attempt to select an arbitrator. If mutual agreement on Arbitrator. (2) If, within thirty (30) calendar days from the selection union President’s “Notice of Intent to Arbitrate”, an arbitrator canArbitrator has not be reached within ten (10) days after the day of the Request for Submission to Arbitrationbeen mutually selected, the arbitrator shall grievance may then be selected according appealed (by AFSCME Council 25) to the rules of the American Arbitration Asso- ciation. Provided the Board, or Association to be processed in accordance with its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. Voluntary Labor Arbitration Rules. (3) The arbitrator Arbitrator shall render his/her opinion only with respect award, which shall include a written opinion, not later than thirty (30) calendar days after the date on which the hearings were concluded, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the particular grievance submitted and such opinion Arbitrator. (4) The award of the Arbitrator shall be accepted as final and binding upon on the Board UNION, its members, the employee or employees involved, and the AssociationBOARD. There shall be no appeal from an arbitrator’s decision if said decision is within the scope of the Arbitrator’s authority as described below, or if no fraud, collusion or duress is present. The arbitrator’s Union shall not then, by any other means, attempt to bring about a different resolution of the grievance. (5) The fees and expenses of the Arbitrator shall be shared equally by the Board BOARD and the UNION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association. The expenses . (6) It shall be the function of the Arbitrator, and compensation s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of any witness or participant in of the arbitration shall be paid by the party calling such witness or requesting such participantterms of this Agreement. Section 6: The arbitrator’s (a) He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. His/her powers shall be limited to deciding whether the Board BOARD has violated an violated, misapplied or misinterpreted any of the express Article or Section terms of this Agreementagreement. The arbitrator It is understood that any matter that is not specifically set forth in this agreement shall not be subject to arbitration. (b) He shall have no power to add to or subtract fromdecide any question, disregard or alter any which under this agreement is within the authority of the terms of this AgreementBOARD to decide, nor shall the arbitrator s/he substitute his/her judgment for that of the partiesBOARD. Section (c) He shall have no power to consider the provisions of any constitutional, statutory, or common law in the resolution of any grievance. (7: The number ) If the BOARD disputes the arbitrability of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within under the time limits provided at each respective step terms of the Grievance Procedure shall be deemed withdrawn; provided, howeverthis agreement, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s)Arbitrator shall first determine whether s/he has jurisdiction to act, and if s/he finds that s/he has no such power the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Tworeferred back to the parties without decision or recommendation on its merits. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: (8) The Board BOARD shall not be required to pay back compensation for more than one that eleven (111) year or take into consideration any such back compensation before calendar days prior to the ratification of this Agreement. date the grievance was filed. a. No decision in any one case shall re- quire require a retroactive adjustment in compensation in any other case. (9) Any grievance occurring during the period between the termination date of this agreement and the effective date of this agreement and the effective date of the new agreement shall not be arbitral.

Step Three. If the grievance remains unresolved at Union is not satisfied with the conclusion of Step Two, it may be submitted to arbitration at the request disposition of the Association, provided written notice grievance at Step Two or the time limits expire without the issuance of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5) days after the date of the Board of Education’s superintendent's written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tionreply, the Association Union may submit the grievance to final and binding arbitration under the Board, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the day of the Request for Submission to Arbitration, the arbitrator shall be selected according to the rules Voluntary Labor Arbitration Rules of the American Arbitration Asso- ciationAssociation, which shall act as the administrator of the proceedings. Provided If a demand for arbitration is not filed within fifteen (15) days of the Boarddate for the Step Two answer, or its designee, has given its consent the As- sociation may elect to submit then the grievance shall be deemed withdrawn. If both parties agree, the Expedited Arbitrator Rules of the American Arbitration Union shall be used. If either party disagrees to use the Expedited Arbitration Rules, the grievance shall be processed using the Voluntary Labor Arbitration Rules. A. Neither the Board of Education nor the Union shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. other party. B. The arbitrator arbitrator, in his opinion, shall render his/her opinion only with respect not amend, modify, nullify, ignore or add to the particular grievance submitted and such opinion provisions of this Agreement. His authority shall be binding strictly limited to deciding only the issues presented to him in writing by the School Board and the Union, and his decision must be based only upon his interpretation of the meaning or application of the express relevant language of the Agreement C. Each party shall bear the full costs for its representation in the grievance procedure. D. If either party requests a transcript of the proceedings, that party shall bear full costs for that transcript if both parties order a transcript, the costs of the two transcripts shall be equally divided between the Board and the Association. The arbitrator’s fees and expenses . E. Each party shall be shared share equally by the Board cost of the arbitrator and the Association. The expenses and compensation A.A.A. 9.3 Failure of an employee or union to act on any witness or participant in grievance within the arbitration shall be paid by the party calling such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether the Board has violated an express Article or Section of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any of the terms of this Agreement, nor shall the arbitrator substitute his/her judgment for that of the parties. Section 7: The number of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum prescribed time limits and will bar any grievance not presented further appeal. An administrator's failure to give a decision within the time limits provided at each respective step of shall permit the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing grievant to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Time limits shall be extended by mutual consent. Section 10: 9.4 Any time spent by any Association representativeinvestigation, handling, or processing of any other member grievance by the grievant shall be conducted so that instructional programs and related work activities of the bargaining unitgrievant or the teaching staff are not interrupted. 9.5 Step One of the grievance procedure may be bypassed and the grievance brought directly to Step Two if mutually agreed upon by the employee and the superintendent. 9.6 Class grievances involving one or more teachers or one or more supervisors and grievances involving an administrator above the building level maybe initially filed by the Union as Step Two. 9.7 The Board acknowledges the right of the teacher to have a Union representative present, in connection with if the grievancegrievant requests one, at Steps Two and Three. No teacher shall be after herrequired to discuss any grievance if the Union representative is not present, if one is requested. 9.8 No reprisals shall be taken by the Board or the administration against a teacher because of his participation in a grievance. 9.9 With the superintendent's approval, the grievant may be released from his/her regular assignment without loss of pay or benefits to attend the meetings specified in Section 8.2, Steps One, Two, and Three. In addition, the Union designee shall be released from his or her regular working hours and without pay. Any time spent by an employee submitting assignment, but the Union shall reimburse the District for the cost of the substitute, if one is hired. 9.10 All records related to a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by filed separately from the partiespersonnel files of the teachers. Section 11: The 9.11 A grievance may be withdrawn at any level without establishing precedent. If the Union or any employee files any claim or complaint in any -form other than under the grievance procedure of this Agreement, and then the Board shall not be required to pay back compensation for more than one (1) year process the said claim or take into consideration any such back compensation before set of facts through the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other casegrievance procedure.

Step Three. a. If the alleged grievance remains unresolved is not settled at the conclusion of Step Two, it the matter may be submitted referred to arbitration at arbitration. Either party may refer the request matter to arbitration, provided that notice to refer the matter is given to the other party within ten (10) days from the date of the Association, provided President’s written notice of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five decision at Step Three. Within ten (510) days after the date of the written request for arbitration, a committee of the Board of Education’s written communication of or its decision under Step Two. Following designated representative and the written notice of Request for Submission Association or its designated representative shall make every reasonable effort to Arbitra- tionagree upon a mutually acceptable arbitrator. b. If the parties are unable to agree on an arbitrator within the time period set forth herein, the party seeking arbitration shall file a request with the American Arbitration Association and the Board, or its designee, shall attempt to select an arbitratorsubmit a list of qualified arbitrators. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the day of the Request for Submission to Arbitration, the The arbitrator shall then be selected according to the rules of the American Arbitration Asso- ciation. Provided the Board, or its designee, has given its consent the As- sociation may elect to submit Association. c. The Arbitrator shall hear the grievance to the American Arbi- tration Association under its rules in dispute and regulations governing and controlling expedited proceedings. The arbitrator shall render his/her opinion only decision in writing as soon as possible after the close of the hearing. The Arbitrator's decision shall set forth findings and conclusions with respect to the particular grievance issues submitted and such opinion to arbitration. The Arbitrator's decision shall be final and binding upon the Board employer, the Association, and the Associationemployee or employee(s) involved. d. The Arbitrator shall have no authority except to pass on alleged violations of the expressed provisions of this Agreement and to determine disputes involving the application or interpretation of such expressed provisions. The arbitratorArbitrator shall construe this Agreement in a manner which does not interfere with the exercise of the Board's rights and responsibilities, except where they have been expressly and clearly limited by the terms of this Agreement. e. The Arbitrator shall have no authority except to pass on alleged violations of the expressed provisions of this Agreement and to determine disputes involving the application or interpretation of such expressed provisions. The Arbitrator shall construe this Agreement in a manner which does not interfere with the exercise of the Board’s rights and responsibilities, except where they have been expressly and clearly limited by the terms of this Agreement. f. The Arbitrator's fees and expenses shall be shared equally by the Board Employer and the AssociationAssociation equally. The expenses and compensation for attendance of any witness employee, witness, or participant in the arbitration shall be paid by the party calling such witness employee, witness, or requesting such participantparticipation. Section 6: g. The arbitrator’s power filing of the grievance shall in no way interfere with the right of the Board to proceed in carrying out its management responsibilities, subject to the final decision of the grievance. h. In the event the alleged grievance involves an order, requirement, etc., the grievant shall fulfill or carry out such order or requirement, etc., pending the final decision of the grievance. i. Nothing contained herein shall be limited construed as limiting the right of any Instructor having a grievance to deciding whether discussing and having it resolved informally with the Board has violated an express Article employer, provided that the Association be given the opportunity to be present at the hearings or Section meetings of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any of such grievance and that the final decision by the Employer is not inconsistent with the terms of this Agreement, nor shall the arbitrator substitute his/her judgment for that of the parties. Section 7: The number of days provided for j. It is understood by the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such parties that no grievance shall be commenced at Step Twofiled or based upon any prior or previous agreement or upon any alleged grievance occurring prior to the effective date of this agreement. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent k. Nothing contained herein shall be construed as a waiver or precedent by any Association representative, action or any other member lack of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise action taken by the partiesEmployer. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. If In the event the grievant is not satisfied with the disposition of the grievance remains unresolved at the conclusion of Step Two, it the grievant and the Association may be submitted mutually, within 10 days of the receipt of the Superintendent's findings and recommendations, submit the grievance to the Federal Mediation and Conciliation Service (FMCS) or Public Employment Relations Commission (PERC) for arbitration at under their rules and within the request of following guidelines: 1. If there is mutual agreement between the District and the Association, provided written notice of arbitration may be held under the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the day of the Request for Submission to Arbitration, the arbitrator shall be selected according to the expedited rules of the American Arbitration Asso- ciationAssociation. 2. Provided the BoardIf a question of arbitrability is raised, or its designee, has this will be determined before any consideration will be given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedingssubstantive matters of the grievance. 3. The arbitrator Arbitrator shall render limit his/her opinion only with respect decision strictly to disputes involving the particular grievance submitted application, interpretation or alleged violation of specific articles and/or section of the Contract and such opinion the expressed terms therein, but he/she shall be without power or authority to establish or adjust salary schedules. This stipulation shall not prohibit the Arbitrator from making interpretations or judgments regarding application of the salary schedules as they have been negotiated and agreed upon. The Arbitrator's decision shall be in conformity with all existing laws. This shall not preclude the Association's right to appeal to a court of law for an enforcement order. 4. There shall be no appeal from the Arbitrator's decision if it is within the scope of his/her authority, except those grievances involving charges of discrimination in which cases the grievant may further pursue his/her complaint to any appropriate agency(ies). It shall be final and binding upon on the Board Association, the grievant(s) involved the Administration and the AssociationBoard. 5. The arbitrator’s fees and expenses of the Arbitrator shall be shared equally by the Board District and the Association in those grievances mutually initiated by the grievant and the Association. The All other expenses and compensation of any witness or participant in the arbitration shall be paid borne by the party calling such witness or requesting such participant. Section 6: The arbitrator’s power incurring them, and neither party shall be limited to deciding whether the Board has violated an express Article or Section of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any of the terms of this Agreement, nor shall the arbitrator substitute his/her judgment for that of the parties. Section 7: The number of days provided responsible for the presentation and processing expenses of grievances in each step of witnesses called by the Grievance Procedure shall establish other. (Except the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure District shall be deemed withdrawn; provided, however, responsible for necessary released time of Employees as provided in the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(sintroductory language to these Grievance Procedures.), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. If the Superintendent’s or his/her designated representative’s answer is not satisfactory, the UNION president may move the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at by notifying the request BOARD, within thirty (30) calendar days after receipt of the AssociationEmployer’s answer at Step 2, provided written notice of their intent to arbitrate. (1) The parties (the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5Employer and AFSCME Council 25) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall then attempt to select an arbitrator. If mutual agreement on Arbitrator. (2) If, within thirty (30) calendar days from the selection union President’s “Notice of Intent to Arbitrate”, an arbitrator canArbitrator has not be reached within ten (10) days after the day of the Request for Submission to Arbitrationbeen mutually selected, the arbitrator shall grievance may then be selected according appealed (by AFSCME Council 25) to the rules of the American Arbitration Asso- ciation. Provided the Board, or Association to be processed in accordance with its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. Voluntary Labor Arbitration Rules. (3) The arbitrator Arbitrator shall render his/her opinion only with respect award, which shall include a written opinion, not later than thirty (30) calendar days after the date on which the hearings were concluded, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the particular grievance submitted and such opinion Arbitrator. (4) The award of the Arbitrator shall be accepted as final and binding upon on the Board UNION, its members, the employee or employees involved, and the AssociationBOARD. There shall be no appeal from an arbitrator’s decision if said decision is within the scope of the Arbitrator’s authority as described below, or if no fraud, collusion or duress is present. The arbitrator’s Union shall not then, by any other means, attempt to bring about a different resolution of the grievance. (5) The fees and expenses of the Arbitrator shall be shared equally by the Board BOARD and the UNION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association. The expenses . (6) It shall be the function of the Arbitrator, and compensation s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of any witness or participant in of the arbitration shall be paid by the party calling such witness or requesting such participantterms of this Agreement. Section 6: The arbitrator’s (a) He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. His/her powers shall be limited to deciding whether the Board BOARD has violated an violated, misapplied or misinterpreted any of the express Article or Section terms of this Agreementagreement. The arbitrator It is understood that any matter that is not specifically set forth in this agreement shall not be subject to arbitration. (b) He shall have no power to add to or subtract from, disregard or alter decide any question which under this agreement is within the authority of the terms of this AgreementBOARD to decide, nor shall the arbitrator s/he substitute his/her judgment for that of the partiesBOARD. Section (c) He shall have no power to consider the provisions of any constitutional, statutory, or common law in the resolution of any grievance. (7: The number ) If the BOARD disputes the arbitrability of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within under the time limits provided at each respective step terms of the Grievance Procedure shall be deemed withdrawn; provided, howeverthis agreement, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s)Arbitrator shall first determine whether s/he has jurisdiction to act, and if s/he finds that s/he has no such power the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Tworeferred back to the parties without decision or recommendation on its merits. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: (8) The Board BOARD shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.that eleven

Step Three. If the grievance remains unresolved at Union is not satisfied with the conclusion of Step Two, it may be submitted to arbitration at the request of the Association, provided written notice of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tionTwo decision, the Association and the BoardUnion, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) working days after the day of the Request for Submission to Arbitrationreceipt of that answer, the arbitrator shall be selected according to the rules of the American Arbitration Asso- ciation. Provided the Board, or its designee, has given its consent the As- sociation may elect to submit the grievance to arbitration in accordance with paragraph E.3.a. below, except that alleged violations of Article X (Health and Safety) may not be submitted to arbitration unless the American Arbi- tration Association under alleged violation of Article X constitutes a "class action" grievance as defined in Article X in which case the grievance may be submitted to advisory arbitration. E. 3. a. If the Union submits a grievance to arbitration, the Union will submit to the Office of University Labor Relations a copy of its rules submission. A pool of six professional arbitrators, jointly agreed to by the University and regulations governing and controlling expedited proceedingsthe Union, shall be established for the duration of this Agreement except that twelve months after the establishment of the pool either of the parties may reopen negotiations about the membership of the pool. If any grievances are pending arbitration at the time of a request to reopen negotiations, they shall be scheduled utilizing rotation of the pool as it exists at the time of the request. The arbitrator Union and the University shall render his/her opinion only utilize a selection procedure that ensures both rotation in the use of the arbitrators and random assignment of grievances to arbitrators. Arbitration shall be binding on the Union, the grievant(s), and the University with respect to all grievances that allege a violation of the particular terms of this Agreement that involve mandatory subjects of negotiations. In the case of a grievance submitted and such opinion to arbitration which challenges termination of the negotiations unit member, the arbitrator’s remedy shall be binding upon limited to compensating the Board and negotiations unit member for salary lost from the Associationeffective date of termination through the end of the appointment from which the negotiations unit member was terminated. All other grievances shall be advisory. E. 3. b. The arbitrator’s fees appointed arbitrator will submit, within thirty (30) calendar days of the close of the hearing, a written decision. E. 3. c. No arbitrator functioning under the provisions of this grievance procedure shall have the authority to amend, modify, or delete any provision of this Agreement. E. 3. d. Costs and expenses shall be shared equally incurred by the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall each party will be paid by the party calling incurring such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether costs except that the Board has violated an express Article or Section of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any fees and costs of the terms of this Agreement, nor shall the arbitrator substitute his/her judgment for that of will be divided equally between the parties. Section 7: The number of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. If the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at the request decision of the AssociationCompany is not satisfactory, provided written notice of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, Committee Chairperson shall within five (5) working days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within ten (10) days after the day receipt of the Request for Submission to Arbitrationanswer in STEP TWO, the arbitrator shall be selected according to the rules of the American Arbitration Asso- ciation. Provided the Board, or its designee, has given its consent the As- sociation may elect to submit refer the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedingsappropriate Department Manager. The arbitrator shall render his/her opinion only Department Manager will meet with the Plant Committee in five (5) further working days to discuss the grievance, and will give its decision in writing giving reasons for his decision to the Committee within five (5) working days after the meeting has been The ▇▇▇▇▇▇▇ be present at this meeting. To avoid the necessity of processing numerous grievances concerning the same subject or event, the Company will recognize Group Grievances provided that each aggrieved employee signs the grievance the grievance is processed as provided in If either party has a complaint with respect to the particular grievance submitted and such opinion shall be binding upon the Board and the Association. The arbitrator’s fees and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether the Board has violated an express Article or Section of this Agreement. The arbitrator shall have no power to add to or subtract from, disregard or alter any a representative of the terms other, or alleges that there has been a misrepresentation, violation or non-application of this Agreement, nor shall the arbitrator substitute his/her judgment for that or of of the parties. Section 7: The number provisions hereof, then either party may within thirty (30) calendar days of days provided the incident giving rise to the grievance give to the other notice in writing of such grievance. In the case of the Union such grievance be filed by the Committee Chairperson and for the presentation Company by the appropriate Department Manager. Within three (3) working days of receipt of such notice a meeting will be held between the Department Manager and processing of grievances the Plant Committee. The party against whom the complaint has been made will give an answer in each step of writing giving reasons within three (3) working days after the Grievance Procedure shall establish meeting has been held. If the maximum time limits matter is not settled it may then be referred to Arbitration by either party provided that it is submitted within thirty (30) calendar days following the reply as referred to above and any grievance not presented within in accordance with Article It is understood that the time limits as provided at each respective step of the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein may be extended by mutual written agreement between of the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: parties. If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within the time limits stipulated within each stepprovided for above, and any mutually agreed upon time extensions, are not observed by the moving party, the Association may proceed grievance will be considered as dropped. If such limits or any agreed upon time extension are not observed by the receiving party then the grievance will be considered to have advanced to the next step. Section 10: Any time spent by any Association representative, or any other member stage of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without payabove grievance procedure. Any time spent by an employee submitting After a grievance has been processed through all of the steps provided in this and the matter is still in dispute it may then be referred to Arbitration by either party provided that is submitted within thirty (30) calendar days following the reply in STEPTHREE and in accordance with Article ll be paid for all lost rrent regular hourly rate while evance procedure up to but not The CAW National Representative the Union President may be at hearings or oth- erwise in connection with Step Three of the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the partiesProcedure. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. If In the event the grievance remains unresolved is not resolved to the satisfaction of grievant at the conclusion of Step Two, it may be submitted to arbitration or in the event the Township Committee, has not served a timely response at the request of the AssociationStep Two, provided written notice of the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, then within five fifteen (515) days after the date of the Board of Education’s written communication of its decision under response set forth in Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and grievant may notify the Board, Township Committee or its designee, shall attempt to select an arbitrator. If mutual agreement on the selection in writing, of an arbitrator cannot be reached within ten (10) days after the day of the Request for Submission to Arbitration, the arbitrator shall be selected according to the rules of the American Arbitration Asso- ciation. Provided the Board, or its designee, has given its consent the As- sociation may elect his/her intent to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedingsNew Jersey Board of mediation or the Public Employment Relations Commission for binding arbitration. If the grievance is so submitted: 1. The arbitrator shall render his/her be required to deliver parties a written award, coupled with a written opinion only with respect setting forth detailed reasons, findings of fact, and conclusions of law utilized in making his award, by no later than thirty (30) days from the date of closing of the hearings, or if oral hearings have been waived, then from the date of transmitting the final statements and proof to the particular grievance submitted and such opinion shall be binding upon the Board and the Associationarbitrator. The arbitrator’s fees and expenses shall be shared equally by arbitrator expressly has no authority to modify, add to, subtract from, or in any way whatsoever, alter the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant. Section 6: The arbitrator’s power shall be limited to deciding whether the Board has violated an express Article or Section provisions of this Agreement. 2. Grievance meetings and hearings shall be held at mutually acceptable times and places. The grievant shall have at his request a representative from the bargaining unit and/or a labor consultant to assist in the resolution of the grievance at such meetings and hearings. 3. The fees, expenses, and all other proper charges of the arbitrator shall have no power be divided equally between the parties; however, each party shall bear his own additional costs. 4. All grievance hearings scheduled in accordance with the provisions hereof shall be so scheduled so as to add avoid time off from regular scheduled shifts. However, in the event a grievant, or witness called by him, is on duty, he shall be permitted to attend the said hearing without reduction or subtract fromloss of pay. 5. No reprisals of any kind shall be taken by the Township, disregard or alter any agent thereof, against any grievant or party participating in a grievance procedure or any member of the terms bargaining unit by reason of this Agreementsuch participation. 6. All grievance hearings, nor conducted as outlined herein, shall be conducted in private and shall be attended by the arbitrator substitute his/her judgment respective parties and/or their representatives, in addition to any witnesses produced by either party for that the purpose of testifying at such hearing. 7. All time limits contained in the Article of the parties. Section 7: The number of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within the time limits provided at each respective step of the Grievance Procedure shall be deemed withdrawn; provided, however, the time limits set forth herein Agreement may be extended by mutual written agreement between the Board, or its representative(s), and the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a wholeconsent. Unless such time limits are so extended, the Association may submit such grievance in writing failure to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Two. Section 9: If the Board does not act within observe the time limits stipulated within each step, herein stated for the Association may proceed presentation of the grievance or submission of said grievance to the next steparbitration shall constitute an abandonment of said grievance or right to arbitration and be deemed a settlement thereof. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, 8. All days referred to herein shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, calendar days unless agreed to otherwise by the partiesspecified otherwise. Section 11: The Board shall not be required to pay back compensation for more than one (1) year or take into consideration any such back compensation before the ratification of this Agreement. No decision in any one case shall re- quire retroactive adjustment in any other case.

Step Three. If the Superintendent’s or his/her designated representative’s answer is not satisfactory, the UNION president may move the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at by notifying the request BOARD, within thirty (30) calendar days after receipt of the AssociationEmployer’s answer at Step 2, provided written notice of their intent to arbitrate. (1) The parties (the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5Employer and AFSCME Council 25) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall then attempt to select an arbitrator. If mutual agreement on Arbitrator. (2) If, within thirty (30) calendar days from the selection union President’s “Notice of Intent to Arbitrate”, an arbitrator canArbitrator has not be reached within ten (10) days after the day of the Request for Submission to Arbitrationbeen mutually selected, the arbitrator shall grievance may then be selected according appealed (by AFSCME Council 25) to the rules of the American Arbitration Asso- ciation. Provided the Board, or Association to be processed in accordance with its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. Voluntary Labor Arbitration Rules. (3) The arbitrator Arbitrator shall render his/her opinion only with respect award, which shall include a written opinion, not later than thirty (30) calendar days after the date on which the hearings were concluded, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the particular grievance submitted and such opinion Arbitrator. (4) The award of the Arbitrator shall be accepted as final and binding upon on the Board UNION, its members, the employee or employees involved, and the AssociationBOARD. There shall be no appeal from an arbitrator’s decision if said decision is within the scope of the Arbitrator’s authority as described below, or if no fraud, collusion or duress is present. The arbitrator’s Union shall not then, by any other means, attempt to bring about a different resolution of the grievance. (5) The fees and expenses of the Arbitrator shall be shared equally by the Board BOARD and the UNION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association. The expenses . (6) It shall be the function of the Arbitrator, and compensation s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of any witness or participant in of the arbitration shall be paid by the party calling such witness or requesting such participantterms of this agreement. Section 6: The arbitrator’s (a) He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. His/her powers shall be limited to deciding whether the Board BOARD has violated an violated, misapplied or misinterpreted any of the express Article or Section terms of this Agreementagreement. The arbitrator It is understood that any matter that is not specifically set forth in this agreement shall not be subject to arbitration. (b) He shall have no power to add to or subtract from, disregard or alter decide any question which under this agreement is within the authority of the terms of this AgreementBOARD to decide, nor shall the arbitrator s/he substitute his/her judgment for that of the partiesBOARD. Section (c) He shall have no power to consider the provisions of any constitutional, statutory, or common law in the resolution of any grievance. (7: The number ) If the BOARD disputes the arbitrability of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within under the time limits provided at each respective step terms of the Grievance Procedure shall be deemed withdrawn; provided, howeverthis agreement, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s)Arbitrator shall first determine whether s/he has jurisdiction to act, and if s/he finds that s/he has no such power the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Tworeferred back to the parties without decision or recommendation on its merits. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: (8) The Board BOARD shall not be required to pay back compensation for more than one that eleven (111) year or take into consideration any such back compensation before calendar days prior to the ratification of this Agreement. date the grievance was filed. a. No decision in any one case shall re- quire require a retroactive adjustment in compensation in any other case. (9) Any grievance occurring during the period between the termination date of this agreement and the effective date of this agreement and the effective date of the new agreement shall not be arbitral.

Step Three. If the Superintendent‟s or his/her designated representative‟s answer is not satisfactory, the UNION president may move the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at by notifying the request BOARD, within thirty (30) calendar days after receipt of the AssociationEmployer‟s answer at Step 2, provided written notice of their intent to arbitrate. (1) The parties (the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5Employer and AFSCME Council 25) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall then attempt to select an arbitrator. If mutual agreement on Arbitrator. (2) If, within thirty (30) calendar days from the selection union President‟s “Notice of Intent to Arbitrate”, an arbitrator canArbitrator has not be reached within ten (10) days after the day of the Request for Submission to Arbitrationbeen mutually selected, the arbitrator shall grievance may then be selected according appealed (by AFSCME Council 25) to the rules of the American Arbitration Asso- ciation. Provided the Board, or Association to be processed in accordance with its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. Voluntary Labor Arbitration Rules. (3) The arbitrator Arbitrator shall render his/her opinion only with respect award, which shall include a written opinion, not later than thirty (30) calendar days after the date on which the hearings were concluded, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the particular grievance submitted and such opinion Arbitrator. (4) The award of the Arbitrator shall be accepted as final and binding upon on the Board UNION, its members, the employee or employees involved, and the AssociationBOARD. There shall be no appeal from an arbitrator‟s decision if said decision is within the scope of the Arbitrator‟s authority as described below, or if no fraud, collusion or duress is present. The arbitrator’s Union shall not then, by any other means, attempt to bring about a different resolution of the grievance. (5) The fees and expenses of the Arbitrator shall be shared equally by the Board BOARD and the UNION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association. The expenses . (6) It shall be the function of the Arbitrator, and compensation s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of any witness or participant in of the arbitration shall be paid by the party calling such witness or requesting such participantterms of this Agreement. Section 6: The arbitrator’s (a) He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. His/her powers shall be limited to deciding whether the Board BOARD has violated an violated, misapplied or misinterpreted any of the express Article or Section terms of this Agreementagreement. The arbitrator It is understood that any matter that is not specifically set forth in this agreement shall not be subject to arbitration. (b) He shall have no power to add to or subtract from, disregard or alter decide any question which under this agreement is within the authority of the terms of this AgreementBOARD to decide, nor shall the arbitrator s/he substitute his/her judgment for that of the partiesBOARD. Section (c) He shall have no power to consider the provisions of any constitutional, statutory, or common law in the resolution of any grievance. (7: The number ) If the BOARD disputes the arbitrability of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within under the time limits provided at each respective step terms of the Grievance Procedure shall be deemed withdrawn; provided, howeverthis agreement, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s)Arbitrator shall first determine whether s/he has jurisdiction to act, and if s/he finds that s/he has no such power the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Tworeferred back to the parties without decision or recommendation on its merits. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: (8) The Board BOARD shall not be required to pay back compensation for more than one that eleven (111) year or take into consideration any such back compensation before calendar days prior to the ratification of this Agreement. date the grievance was filed. a. No decision in any one case shall re- quire require a retroactive adjustment in compensation in any other case. (9) Any grievance occurring during the period between the termination date of this agreement and the effective date of this agreement and the effective date of the new agreement shall not be arbitral.

Step Three. If the Superintendent’s or his/her designated representative’s answer is not satisfactory, the UNION president may move the grievance remains unresolved at the conclusion of Step Two, it may be submitted to arbitration at by notifying the request BOARD, within thirty (30) calendar days after receipt of the AssociationEmployer’s answer at Step 2, provided written notice of their intent to arbitrate. (1) The parties (the Request for Submission to Arbitra- tion is delivered to the Board, or its designed, within five (5Employer and AFSCME Council 25) days after the date of the Board of Education’s written communication of its decision under Step Two. Following the written notice of Request for Submission to Arbitra- tion, the Association and the Board, or its designee, shall then attempt to select an arbitrator. If mutual agreement on Arbitrator. (2) If, within thirty (30) calendar days from the selection union President’s “Notice of Intent to Arbitrate”, an arbitrator canArbitrator has not be reached within ten (10) days after the day of the Request for Submission to Arbitrationbeen mutually selected, the arbitrator shall grievance may then be selected according appealed (by AFSCME Council 25) to the rules of the American Arbitration Asso- ciation. Provided the Board, or Association to be processed in accordance with its designee, has given its consent the As- sociation may elect to submit the grievance to the American Arbi- tration Association under its rules and regulations governing and controlling expedited proceedings. Voluntary Labor Arbitration Rules. (3) The arbitrator Arbitrator shall render his/her opinion only with respect award, which shall include a written opinion, not later than thirty (30) calendar days after the date on which the hearings were concluded, or if oral hearings are waived, then from the date of transmitting the final statements and proofs to the particular grievance submitted and such opinion Arbitrator. (4) The award of the Arbitrator shall be accepted as final and binding upon on the Board UNION, its members, the employee or employees involved, and the AssociationBOARD. There shall be no appeal from an arbitrator’s decision if said decision is within the scope of the Arbitrator’s authority as described below, or if no fraud, collusion or duress is present. The arbitrator’s Union shall not then, by any other means, attempt to bring about a different resolution of the grievance. (5) The fees and expenses of the Arbitrator shall be shared equally by the Board BOARD and the UNION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association. The expenses . (6) It shall be the function of the Arbitrator, and compensation s/he shall be empowered except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of any witness or participant in of the arbitration shall be paid by the party calling such witness or requesting such participantterms of this Agreement. Section 6: The arbitrator’s (a) He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. His/her powers shall be limited to deciding whether the Board BOARD has violated an violated, misapplied or misinterpreted any of the express Article or Section terms of this Agreementagreement. The arbitrator It is understood that any matter that is not specifically set forth in this agreement shall not be subject to arbitration. (b) He shall have no power to add to or subtract from, disregard or alter decide any question which under this agreement is within the authority of the terms of this AgreementBOARD to decide, nor shall the arbitrator s/he substitute his/her judgment for that of the partiesBOARD. Section (c) He shall have no power to consider the provisions of any constitutional, statutory, or common law in the resolution of any grievance. (7: The number ) If the BOARD disputes the arbitrability of days provided for the presentation and processing of grievances in each step of the Grievance Procedure shall establish the maximum time limits and any grievance not presented within under the time limits provided at each respective step terms of the Grievance Procedure shall be deemed withdrawn; provided, howeverthis agreement, the time limits set forth herein may be extended by mutual written agreement between the Board, or its representative(s)Arbitrator shall first determine whether s/he has jurisdiction to act, and if s/he finds that s/he has no such power the aggrieved employee or the Association. Section 8: If a grievance affects a group of employees or the bargaining unit as a whole, the Association may submit such grievance in writing to the Super- intendent, or designee, directly, and the processing of such grievance shall be commenced at Step Tworeferred back to the parties without decision or recommendation on its merits. Section 9: If the Board does not act within the time limits stipulated within each step, the Association may proceed to the next step. Section 10: Any time spent by any Association representative, or any other member of the bargaining unit, in connection with the grievance, shall be after her/his regular working hours and without pay. Any time spent by an employee submitting a grievance at hearings or oth- erwise in connection with the Grievance Procedure shall be without pay and said hearings and meetings will be after regular working hours, unless agreed to otherwise by the parties. Section 11: (8) The Board BOARD shall not be required to pay back compensation for more than one that eleven (111) year or take into consideration any such back compensation before calendar days prior to the ratification of this Agreement. date the grievance was filed. a. No decision in any one case shall re- quire require a retroactive adjustment in compensation in any other case. (9) Any grievance occurring during the period between the termination date of this agreement and the effective date of this agreement and the effective date of the new agreement shall not be arbitral.