Formal Level Three. 6.2.4.1 If the grievant is not satisfied with the decision at Level Two, or if no written decision has been rendered within ten (10) days, the grievant may, within five (5) days, appeal the decision to the Board. The statement shall include a copy of the original grievance.
6.2.4.2 The Board shall communicate its decision to the grievant in writing within ten (10) days. If the Board does not respond within the time limits provided, the grievant may appeal to the next level.
6.2.4.3 A conference shall be held within the above time limits at the request of either the grievant or the Board.
Formal Level Three. If the Union is not satisfied with the disposition of the grievance at Formal Level Two, the grievance will be forwarded to the Secretary of the Board of Education within twelve (12) working days of receipt of the grievance from the Superintendent. The Board will schedule a hearing of the grievance within twelve (12) working days of receipt. Such hearing may be a closed hearing, or open to the public, (as at a regular Board meeting) at the option of the Union. The Board shall render a decision to the grievance within twelve (12) working days of such a hearing. This decision shall be in writing and dated.
Formal Level Three. If the grievance is not settled at Formal Level Two, the Union may refer the matter to arbitration, providing that notice to refer the matter be given to the Employer within fifteen (15) working days from the date of the Superintendent's written decision at Formal Level Two. An arbitrator will be selected in accordance with the rules and procedures of the American Arbitration Association. The arbitrator's authority is limited to the following:
Formal Level Three. If the grievance is not resolved after formal level two, CSEA must, within ten (10) days of the response to formal level two, inform the Associate Superintendent of Human Resources/Labor Relations or designee that it wants to take part in binding arbitration. If the grievant is not CSEA, he/she must request 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. The binding arbitrator shall issue a written response as soon as reasonably practicable.
15.9.3.1 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 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.
15.9.3.2 Provided that CSEA determines to proceed to binding arbitration after completion of its internal processes, the parties shall select a mutually acceptable Arbitrator.
15.9.3.3 If unable to agree on an arbitrator within ten (10) days of CSEA’s proceeding to Formal Level Four, the grievance shall be submitted to the State Mediation Conciliation Services. The parties will then be bound by their rules and procedures.
15.9.3.4 All costs for arbitration services including, but not limited to, per diem, travel and meals, and the cost of any hearing room will be borne equally by the District and CSEA. All other costs will be borne by the party incurring them (for example: expert witness or transcripts). If there is a cancellation fee, the party canceling shall bear the entire cost of the cancellation fee.
15.9.3.5 Prior to the arbitration hearing, CSEA and the District shall provide to each 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.
15.9.3.6 The Arbitrator shall render a decision on the intent, meaning and interpretation of this Agreement and shall have no power to add to, subtract from, or modify this Agreement.
15.9.3.7 Either party may call witnesses and present evidence relevant to the arbitration issues. Bargaining unit members called as witnesses will be released from duty to testify at the arbitrat...
Formal Level Three. If the grievance is not resolved satisfactorily at Level Two, the grievance may be submitted to impartial, non-binding arbitration. To enter such arbitration, the Association shall submit a written request on behalf of the Association and the grievant(s) to the Superintendent within twenty-five (25) days from receipt of the Level Two response. The arbitrator shall be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach an agreement on an arbitrator within seven (7) days, the American Arbitration Association shall be requested to provide a panel of at least seven (7) arbitrators from which a selection shall be made by a mutual striking of names within ten (10) days of receipt of the list. Either party may reject an entire list once before having to strike names. The costs for the services of the arbitrator and the cost of the hearing room shall be borne equally by the District and the Association. Expenses relating to either party’s representatives or witnesses, and other expenses incurred by either party in presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at the request of either party; however, the party requesting the copy of the transcript or recording shall pay for such copy. The arbitrator is so selected shall hold hearing(s) unless such hearing(s) are waived, and shall issue his/her decision not later than thirty (30) days from the date of the close of the hearing(s). The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented and the decision must be based solely and only upon an interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be advisory only and binding neither on the Board nor on the Association.
Formal Level Three. If the grievance is not resolved satisfactorily at Level Two, the grievance may be submitted to impartial, non-binding arbitration. To enter such arbitration, the Association shall submit a written request on behalf of the Association and the grievant(s) to the Superintendent within twenty-five (25) days from receipt of the Level Two response. The arbitrator shall be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach an agreement on an arbitrator within seven (7) days, the American Arbitration AUG 1, 2023 23
Formal Level Three. The District and the Exclusive Representative agree that any employee grievance denied at Level Two, or any allegation that the Exclusive Representative has violated a term of this Agreement, shall be submitted to arbitration under the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association.
Formal Level Three. If the grievant is not satisfied with the disposition of the grievance at Formal Level Two, or if no response has been rendered by the Cabinet Level Administrator within the time limits specified for the response at Formal Level Two, the grievant has until the earlier of (a) ten (10) days following the last day on which the response at Formal Level Two is due, or (b) ten (10) days following the date of the response at Formal Level Two to file the grievance in writing with the Superintendent/Designee. The grievance shall specify the Article and Section of the contract allegedly violated, the circumstances involved, the decision rendered at Formal Level Two and why it is not satisfactory, and the specific relief sought. If the grievance fails to specify this information, it shall not be entitled to processing at any time, shall not proceed to arbitration, except in accordance with Section 6.8 below, and shall be deemed withdrawn. The Superintendent/Designee may request a personal conference with the grievant at this level. The Superintendent/Designee shall respond in writing within twelve (12) days after receipt of the Formal Level Three Grievance.
Formal Level Three. If the grievant is not satisfied with the decision concerning a grievance at Level Two, the grievant may, within five (5) working days after the decision is rendered, request in writing to the Executive Director of Human Resources that the grievance be submitted to the Superintendent. The Superintendent will, within five (5) working days from the receipt of the written grievance, schedule a meeting with the grievant for the purpose of resolving the grievance. The Superintendent will, within five (5) working days after the meeting with the grievant, render a decision in writing to the grievant.
Formal Level Three a. If the written answer at Level Two is not satisfactory to the aggrieved, the grievance may be submitted to arbitration by written notice given by the Association within fifteen (15) working days after receipt of the Level Two written answer. The parties shall attempt to mutually select an arbitrator. If the parties cannot mutually agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Association (AAA) in accordance with its rules which will likewise govern the arbitration proceeding. Both parties agree to be bound by the award of the arbitrator. If the parties agree on an arbitrator outside the AAA process, the hearing and award shall be governed in accordance with AAA rules.
b. The power of the arbitrator shall be limited to the interpretation of application of this Agreement and he/she shall have no power to alter, add to or subtract from the terms of this Agreement as written.
c. The fees and expenses of the Arbitrator shall be shared equally by the District and the Association if part of the requested relief is obtained. Such fees and expenses shall be paid by the losing party if none of the relief requested by that party is obtained. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witness called by the other.
d. The following matter shall not be the basis of any arbitration: any claim or complaint for which there is another remedial procedures or forum established by law. This exclusion does not apply to grievances about an employee’s contractual insurance benefits.
