Common use of FORMAL LEVEL: LEVEL III Clause in Contracts

FORMAL LEVEL: LEVEL III. a. An employee who is not satisfied with the level II decision may, within ten (10) days, file a written request for advisory arbitration with the Board of Trustees and the Association. b. This appeal shall include a copy of the original grievance, the decisions rendered, and a clear statement of the reason(s) for the appeal. c. The Association and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request the state Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. The arbitrator shall have no power to add to, subtract from, or modify the terms of this agreement or the written policies, rules, regulations, practices and procedures of the District. Issues involving arbitrability shall be referred first to the arbitrator before hearing evidence on the merits of the grievance. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendations. In the event that either party is not satisfied with the recommendation or recommendations of the arbitrator, he/she may appeal the decision in writing within ten (10) days to the Board of Trustees. The Board has the power to render a final and binding determination of a grievance. The recommendation of the arbitrator shall only be advisory and if, upon review, the Board of Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence.