Formal Level IV. If the Association is not satisfied with the disposition of the grievance at Level III, or if no disposition has been made by the Board within the period above provided, the Association may submit a Demand for Arbitration with the American Arbitration Association within twenty (20) days. The arbitrator shall be selected through the American Arbitration Association in accordance with its rules. Individual employees may not arbitrate a grievance.
Formal Level IV. Arbitration
6.1 If the grievant is not satisfied with the disposition of the grievance at Level III, or if no decision is rendered within the designated time period, a grievant may forward a written grievance to the Director of Human Resources, proposing that arbitration be undertaken.
6.2 Said written grievance request for convening of arbitration shall be considered timely only if received by the Director of Human Resources no later than ten (10) days after service by the department head/designee of the Level III decision or twenty (20) days after the grievance was presented to the Department Head or designee, whichever is later. Said request for arbitration shall clearly state the provisions of the MOU and/or written rules, regulations or procedures affecting terms and conditions of employment, which have been allegedly violated. The arbitration proposal shall also set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim of an MOU/rule or regulation violation. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a representative shall be insufficient.
6.3 Within ten (10) calendar days of receipt by the Director of Human Resources of a timely grievance, the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable arbitrator. If said meeting either does not occur or if said meeting does not result in the selection of an advisory arbitrator, then within fifteen (15) calendar days of receipt by the Director of Human Resources of the timely grievance, the Director shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential arbitrators be sent jointly to the grievant and to the City.
6.4 Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains. Said individual shall be the arbitrator. Determination of which party shall make the initial strike shall be by lot.
6.5 Within five (5) calendar days of said selection process being completed, the Director shall mail written notice to the State Mediation and Conciliation Service of the identity of the individual mutually selected to hear the grievance mat...
Formal Level IV. The Association or the Employer, upon written notice to the other and within twenty (20) days after the written response to the grievance at Level III may submit up to three (3) grievances annually to arbitration under and in accordance with the rules of the American Arbitration Association.
Formal Level IV. The grievant and the employer, having decided on arbitration, shall attempt to 4 agree upon an arbitrator. Should they be unable to do so, a request shall be made to the State
Formal Level IV. If the aggrieved is not satisfied with the decision rendered by the Superintendent, Level III, they may request that BCTA submit the grievance to mediation which must be mutually agreed to by BCTA and the Superintendent. Within ten (10) duty days after receipt of the Level III decision, BCTA may request that a mediator from the California State Conciliation Service meet with BCTA and the Superintendent or designee to attempt to settle the grievance. If the grievance is not resolved as a result of mediation, BCTA at the request of the grievant, may appeal the grievance to arbitration (Formal Level V).
Formal Level IV. If the grievant is not satisfied with the decision at Level III, or the superintendent/president fails to respond within the specified time, the grievant may, within ten (10) days from the date the Level III decision was or should have been made, request the matter go to arbitration by notifying the Association. The Association within sixty (60) days from the receipt of the Level IV decision or lack thereof, at the request for the grievant, shall notify the Superintendent/President and/or the designee in writing of its intent to proceed with Arbitration of the grievance. If Arbitration is not requested within sixty (60) days after the receipt of the Formal Level III decision, the grievance will be closed.
Formal Level IV. If the aggrieved is not satisfied with the decision rendered by the 24 Superintendent, Level III, he/she may request that the Association submit the grievance to 25 mediation which must be mutually agreed by the Association and the Superintendent.
Formal Level IV. If the aggrieved is not satisfied with the decision rendered by the 901 Superintendent, Level III, he/she may request that the Association submit the grievance to 902 mediation which must be mutually agreed by the Association and the Superintendent. Within 903 ten (10) duty days after receipt of the Level III decision, the Association may request that a 904 mediator from the California State Conciliation Service meet with the Association and the 905 Superintendent or designee to attempt to settle the grievance. If the grievance is not resolved 906 as a result of mediation, the Association, at the request of the grievant, may appeal the 907 grievance to arbitration (Formal Level V).
Formal Level IV. Mediation
7.6.1 If the grievance is not resolved at Level III, or if no decision has been rendered within the timelines specified in Level III above, the grievant or the Association may, within ten (10) days of the District’s decision at Level III, refer the grievance to a neutral mediator.
7.6.2 If the parties agree to mediate the grievance, the Association shall request the service of a mediator from the California State Mediation/Conciliation Service for the purpose of assisting in an attempt to resolve the dispute.
7.6.3 If the parties reach an agreement resolving the grievance, the agreement shall be reduced to writing and signed by the grievant, the Association and the District. This agreement shall be non-precedential and shall constitute a settlement of that grievance.
7.6.4 In the event that the grievant, the Association and the District are unable to resolve the grievance with the mediator’s assistance, the Association shall have fifteen (15) days from the end of the mediation process to proceed to Level V (Arbitration).
7.6.5 All discussion and any proposals offered by any party during mediation shall remain confidential and shall not be admissible for any reason during arbitration.
Formal Level IV. If the grievant is not satisfied with the decision at Formal Level
27.11.1 The grievant may elect at this time to request the formation of a fact-finding panel or may request that the Association pursue the grievance before an arbitrator.
A) The panel shall consist of two (2) members of the Bargaining Unit and two (2) members from the administration and/or other management personnel. The names of five (5) administrators shall be chosen by the District, and the names of five (5) Bargaining Unit members shall be chosen by the grievant. No person shall be chosen by either party who has been involved in the grievance up to this point. The ten (10) names shall be placed on slips of paper in a box and the grievant shall choose slips from the box. The first two (2) names of administrators chosen and Bargaining Unit members (2) will comprise the fact-finding panel.
B) The function of the panel shall be to review all data related to the grievance and determine if additional relevant facts are available that could be useful in the final determination.
C) The panel shall, in writing, within fifteen (15) working days submit its findings to the Board of Trustees.
D) When arbitration is selected, it shall be conducted by an arbitrator selected from a list supplied by the California State Mediation Service. Each party will alternately strike from the list until one (1) name remains. The order of striking shall be determined by lot.
E) The costs of the compensation to the arbitrator and the reimbursement of the arbitrator's travel and subsistence expenses, as well as the cost of the hearing room, will be equally shared by the parties. All other costs will be borne by the party incurring them.
F) The arbitrator's decision and/or recommendation shall be submitted to the Board of Trustees prior to the final decision.
27.11.2 The Board of Trustees shall base its decision solely on the written record, unless upon review the Board determines that it wishes to hear additional evidence. If such additional evidence is sought, the Board shall invite, in writing, all parties of interest to participate.
27.11.3 The Board shall inform the grievant, in writing, of its decision within thirty (30) working days after receiving the grievance, or the fact-finding report or the arbitrator's report.
27.11.4 The decision of the Board shall be final.
