Common use of Formal Level Four Clause in Contracts

Formal Level Four. If the grievant is not satisfied with the disposition of the grievance at Formal Level Three, or if no response has been rendered by the Superintendent/Designee within the time limits specified for the response at Formal Level Three above, the grievant may request in writing that the Association submit the grievance to arbitration. The Association has until the earlier of: (a) ten (10) days following the last day on which the response at Formal Level Three is due; or (b) ten (10) days following the date of the response at Formal Level Three to request in writing that the grievance be submitted to arbitration by filing the request with the Superintendent/Designee. The decision to submit the grievance to arbitration lies with the Association and not with the individual grievant. 6.7.1 The parties shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator within five (5) days of the Association's submission of the grievance to arbitration, the California State Conciliation Service shall be requested to submit a list of five (5) names of persons experienced in arbitration of grievances in educational institutions. Within five (5) days after receipt of the list of names, each party shall alternately strike names until only one (1) name remains. The order of striking shall be determined by the flip of a coin. The arbitrator shall proceed under the Voluntary Arbitration Rules of the American Arbitration Association. The Association and the District may mutually agree to utilize expedited procedures. 6.7.2 The arbitrator shall receive evidence and arguments promptly after his/her selection by the parties and, within thirty (30) calendar days from the close of the record, shall render a final and binding award on the issue(s) submitted to him/her. 6.7.3 If the parties cannot agree upon a statement of the issue(s), the arbitrator shall determine the issue(s) by referring to the grievance and the answers thereto at each level or by referring to each party's separate statement of the issue(s). 6.7.4 The arbitrator will have no power to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations and procedures of the District. After the arbitrator has afforded an opportunity for hearing, the arbitrator shall render a written decision setting forth findings of fact, reasoning and conclusions on the issue(s) submitted and the award. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The arbitrator shall have no power to make any award contrary to law. 6.7.5 Nothing herein shall be construed to prohibit either party from seeking judicial review of a final and binding award which the party believes is violative of the terms of this Agreement or violative of law.

Formal Level Four. Binding Arbitration 7.8.4.1 If the grievance is not resolved after Formal Level Three, CSEA may, within ten (10) days of the response to Formal Level Three, inform the Associate Superintendent that CSEA wants to take part in binding arbitration. If the grievant is not satisfied with CSEA, the disposition grievant must, and shall be solely responsible for, requesting that CSEA take part in binding arbitration sufficiently in advance of the ten (10) day time limit above to allow CSEA to determine whether or not to move the grievance forward to binding arbitration. 7.8.4.2 Within sixty (60) days after CSEA submits the grievance for binding arbitration it will complete its internal processes for authorizing binding arbitration of the grievance at Formal Level Three, and payment of its share of the costs of the arbitration as specified in this article. CSEA shall notify the District of the results of its internal processing of the grievance upon completion of the process. CSEA will have the sole authority to deny or if no response has been rendered by approve a unit member’s request to move the Superintendent/Designee within grievance forward to arbitration. If CSEA denies the time limits specified for the response at Formal Level Three abovegrievance moving to arbitration, the grievant may request District will consider the grievance process concluded. CSEA will notify the District in writing that of its decision if the Association submit unit member’s request to move the grievance to arbitration. The Association has until the earlier of: (a) arbitration is denied by CSEA. 7.8.4.3 Within ten (10) days following the last day on which the response at of CSEA’s proceeding to Formal Level Three is due; or (b) ten (10) days following Four, the date of the response at Formal Level Three parties agree to request in writing that from the grievance be submitted to arbitration by filing the request with the Superintendent/Designee. The decision to submit the grievance to arbitration lies with the Association State Mediation and not with the individual grievant. 6.7.1 The parties shall select a mutually acceptable arbitrator. If the parties are unable to agree on an arbitrator within five (5) days of the Association's submission of the grievance to arbitration, the California State Conciliation Service shall be requested to submit (SMCS) a list of five (5) names of persons experienced in arbitration of arbitrators qualified to resolve grievances in educational institutions. Within five (5) days after receipt of the list of names, each party shall alternately strike names until only one (1) name remainspublic schools in California. The order of striking shall be determined by lot with each party alternately striking the flip names of the arbitrators on the list until only one (1) remains, who shall serve as the arbitrator. If either the District or CSEA wants to reject the entire list before striking, a coinrequest for another panel will be forwarded to SMCS. Rejection of the hearing officers list may only be made once by either party. If for some reason the arbitrator chosen cannot serve, a new list shall be requested from SMCS and the above process begins again. 7.8.4.4 The fees and expenses of the arbitrator shall proceed under be shared equally. Any other expenses shall be borne by the Voluntary Arbitration Rules of party incurring the American Arbitration Associationexpenses. The Association If either party selects to obtain a court reporter, the party obtaining the court reporter shall bear the cost. 7.8.4.5 Prior to the arbitration hearing, CSEA and the District may mutually agree shall provide to utilize expedited procedureseach other, to the extent they exist, documents, including but not limited to the following: stipulations, joint exhibits, witness lists and any issues that are relevant to the grievance process which must be answered, or resolved. 6.7.2 7.8.4.6 The arbitrator shall receive evidence and arguments promptly after his/her selection by the parties and, within thirty (30) calendar days from the close of the record, Arbitrator shall render a final and binding award decision on the issue(s) submitted to him/her. 6.7.3 If the parties cannot agree upon a statement intent, meaning and interpretation of the issue(s), the arbitrator this Agreement and shall determine the issue(s) by referring to the grievance and the answers thereto at each level or by referring to each party's separate statement of the issue(s). 6.7.4 The arbitrator will have no power to add to, subtract from from, or modify the any terms of this Agreement or Agreement. 7.8.4.7 Either party may call witnesses and present evidence relevant to the written policies, rules, regulations arbitration issues. Bargaining unit members called as witnesses will be released from duty without loss of compensation to testify at the arbitration. 7.8.4.8 The Arbitrator’s decision will be in writing and procedures of shall set forth the District. After the arbitrator has afforded an opportunity for hearing, the arbitrator shall render a written decision setting forth arbitrator’s findings of fact, reasoning and conclusions solely on the issue(s) specific grievance issue. 7.8.4.9 The decision of the Arbitrator shall be submitted to the Superintendent, Associate Superintendent, CSEA President or designee and CSEA Labor Relations Representative. It shall be kept confidential unless or until submitted to the Board of Trustees and the award. grievant(s). 7.8.4.10 The arbitrator decision of the Arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The arbitrator shall have no power to make any award contrary to law. 6.7.5 Nothing herein shall be construed to prohibit either party from seeking judicial review of a final and binding award which on all parties and signals the party believes is violative conclusion of the terms of this Agreement or violative of lawgrievance process.