Formal Level - Level Ill. 5.5.1 If the grievant is not satisfied with the decision at Level II, the Association may, within ten (10) days, appeal the decision on the appropriate form to arbitration by notifying the Superintendent or designee. 5.5.2 This statement shall include a copy of the original grievance and appeals, the decisions rendered, and a clear, concise statement of the reasons for the appeal. 5.5.3 Within ten (10) days after an appeal, an arbitrator shall be mutually appointed. 5.5.3.1 If the District and the Association are unable to agree upon an arbitrator, the California State Conciliation Service will be requested to supply a list of five (5) persons who could serve as a third member. From this list, the non-initiating party to the grievance would proceed by striking one name from the list; each party to the grievance would then so continue alternately until one name remains who would then serve as the third member. 5.5.3.2 The arbitrator shall have available all documents relating to the grievance as filed and any District records that would be helpful in resolving the problem. The arbitrator shall also consider any additional information or documents related to the grievance submitted as evidence by either party. 5.5.3.3 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall, within thirty (30) days, prepare a written award for submission to all parties, stating the issues submitted to it, the fact determined, and the findings derived therefrom. 5.5.3.4 The award shall be limited to the specific issue or issues contained in the grievance filed. 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, nor to so recommend. The award shall be binding upon both parties. 5.5.3.5 The costs of the arbitrator shall be borne equally by both sides. 5.5.3.6 Unless the parties mutually agree to share the expense, the cost of the services and expenses of a court reporter shall be paid by the party requesting same. If, however, one of the parties declines to share the expenses of the court reporter and subsequently requests a transcript of the arbitration proceedings or a copy thereof, that party shall be required to reimburse the other party for one-half (1/2) of the cost of the court reporter's services and expenses.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
