Common use of Formal Level Clause in Contracts

Formal Level. (1) Level I - within fifteen (15) days after the occurrence of the alleged violation, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present the grievance in writing on the approved form or lose the right to grieve. The form shall contain a clear, concise statement of the grievance, including the provision or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and shall communicate the decision in writing to the grievant within seven (7) days after receiving the grievance. In the event the immediate supervisor fails to conduct a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) days. (2) Level II - In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision on the approved form to the Superintendent or his/her designee within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for the appeal. The Superintendent or his designee shall hold a hearing with the parties and render a written decision within ten (10) days of the receipt of the appeal. (3) Level III - In the event the grievant is not satisfied with the decision at Level II, the Association may advise the District within seven (7) days of receipt of the Level II decision of its intent to request a mediator from the California State Conciliation Mediation Service.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grievexxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent college/campus president, or his/her designee designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The college/campus president, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the college/campus president (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III 1. If the grievant is not satisfied with the decision at Level II, the Association he/she may advise the District within seven five (75) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work days after receipt of the Level II decision of its intent the Chancellor, the Federation may, upon written notice to request a mediator from the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Mediation ServiceServices. Only the Federation (exclusive representative) may demand arbitration.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "B" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grievexxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent college/campus president, or his/her designee designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The college/campus president, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the college/campus president (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III: 1. If the grievant is not satisfied with the decision at Level II, he/she may, within five (5) days, appeal the Association may advise decision on the District within seven (7) days of receipt appropriate form to the Chancellor or his/her designee. 2. This statement shall include copies of the Level II original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision of its intent in writing to request a mediator from the California State Conciliation Mediation Servicegrievant within fifteen (15) days.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grievexxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent College/Campus President, or his/her designee designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The College/Campus President, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the College/Campus President (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III 1. If the grievant is not satisfied with the decision at Level II, the Association he/she may advise the District within seven five (75) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration‌ 1. Within fifteen (15) work days after receipt of the Level II decision of its intent the Chancellor, the Federation may, upon written notice to request a mediator from the Chief Human Resources Officer, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Mediation ServiceServices. Only the Federation (exclusive representative) may demand arbitration.

Formal Level. A. Level I: 1. Within five (15) Level I - within fifteen (15) work days after the occurrence of the alleged violationoral response, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present if the grievance is not resolved, it shall be stated in writing on the approved "Academic Grievance" form as provided by the District (and shown as Exhibit "B" of this Agreement), signed by the grievant (or lose Federation Representative), and presented to his/her supervisor (or designee) at the right to grieveXxxx level or above. 2. The form shall contain a clear, concise statement of the grievance, including the provision supervisor or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and designee shall communicate his/her decision to the decision unit member in writing to the grievant within seven five (75) days after receiving the grievance. 3. In Within the event above time limits, either the grievant (or Federation Representative) or the immediate supervisor fails to conduct (or designee) may request a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing personal conference with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) daysother party. (2) B. Level II - II: 1. In the event the grievant is not satisfied with the decision at Level I, the grievant he/she may appeal the decision on the approved appropriate form to the Superintendent College/Campus President, or his/her designee designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The College/Campus President, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for receiving the appeal. The Superintendent Either the grievant (or his designee shall hold Federation Representative) or the College/Campus President (or his/her designee) may request a hearing with personal conference within the parties and render a written decision within ten (10) days of the receipt of the appealabove time limits. (3) C. Level III - In the event III: 1. If the grievant is not satisfied with the decision at Level II, he/she may, within five (5) days, appeal the Association may advise decision on the District within seven (7) days of receipt appropriate form to the Chancellor or his/her designee. 2. This statement shall include copies of the Level II original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision of its intent in writing to request a mediator from the California State Conciliation Mediation Servicegrievant within fifteen (15) days.

Formal Level. (9 Step 1) Level I - within fifteen (15) days after the occurrence of the alleged violation, misinterpretation, or misapplication of a provision of this Agreement, the grievant must present the grievance in writing on the approved form or lose the right to grieve. The form grievance shall contain a clear, concise statement of the grievance, including the provision or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and shall communicate the decision be presented in writing to the grievant 10 employee’s immediate supervisor within seven ten (710) days of 11 the occurrence giving rise to the grievance or within ten (10) 12 days of when the grievant should have reasonably known of 13 the occurrence. A copy of the grievance shall be filed with 14 the Human Resources office. The supervisor shall reply in 15 writing within ten (10) days thereafter after receiving consultation with 16 the grievanceAssistant Superintendent, Human Resources. 17 Step 2. In If the event grievant is not satisfied with the immediate supervisor fails reply in Step 18 1, within five (5) working days after such reply, the 19 grievance shall be presented in writing to conduct a hearing and render a decision the appropriate 20 Administrator or Assistant Superintendent. A copy shall be 21 filed with the Human Resources Office. The Administrator 22 or Assistant Superintendent shall reply in writing within seven days, five 23 (5) working days thereafter after consultation with the grievant shall notify the 24 Assistant Superintendent, who shall convene a hearing with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) daysHuman Resources. (2) Level II - In the event 25 Step 3. If the grievant is not satisfied with the decision at Level I26 Step 2, the grievant may employee may, within five (5) days, appeal the 27 decision on the approved form to the County Superintendent or his/her designee within seven (7) days of the receipt of the Level I decisionSchools. The form This 28 written appeal statement shall include a copy of the original 29 grievance, the appeals, and the decision rendered at Level I30 previous levels, and a clear and clear, concise statement of the reason 31 reasons for the appeal. The Superintendent or his designee shall hold a hearing with the parties and render a written decision within ten (10) days of the receipt of the appeal. (3) Level III - In the event the grievant is not satisfied with the decision at Level II32 16.15 If, upon review, the Association County Superintendent of Schools 1 determines that he/she is unable to render a determination 2 on the record, he/she may advise reopen the District within seven (7) days record for the taking 3 of receipt additional evidence prior to rendering his/her decision 4 which shall be in writing. This is the final administrative 5 review of the Level II decision grievance procedure. 6 16.16 The employee shall have the right to have a CSEA 7 Representative present at each level of its intent to request a mediator from the California State Conciliation Mediation Servicegrievance 8 procedure.

Formal Level. a. Level I 1. If the informal discussion fails to resolve the grievance to the satisfaction of the grievant, a formal grievance may be initiated in writing no later than thirty days (130) Level I - within fifteen (15) days after the informal discussion. With agreement of both parties, the Federation and the District, this timeline may be extended in effort to resolve the grievance. If neither the grievant nor the Federation has actual or constructive knowledge of the occurrence of the alleged violationgrievable act or omission, misinterpretationand could not with the exercise of reasonable diligence have known about it, or misapplication of a provision of this Agreement, then the twenty day time limit shall begin to run on the date upon which either the grievant must present or Federation knew or could with reasonable diligence have known of the grievance in writing on the approved form or lose the right to grieveoccurrence. The form formal document shall contain be a clear, concise statement of the grievance, including grievance citing specific sections of the provision or provisions of this Agreement alleged to have been allegedly violated, misinterpreted, misinterpreted or misapplied; , the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. 2. The Within fourteen (14) days after filing of the formal grievance, the immediate supervisor supervisor/principal shall hold a hearing with investigate the grievant, grievance and shall communicate the give his/her decision in writing to the grievant within seven (7) days after receiving the grievance. In the event the immediate supervisor fails to conduct a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) daysgrievant. (2) b. Level II - In the event II 1. If the grievant is not satisfied with the decision rendered at Level I, the grievant he/she may appeal the decision on within ten (10) days to the approved form Superintendent or his/her designee. The grievant may file a copy with the Federation. 2. The appeal shall include a copy of the original grievance, the decision rendered at Level I, and a clear, concise statement of the reasons for the appeal. 3. Within twenty (20) days after the appeal is filed, the Superintendent or his/her designee shall investigate the grievance and give his/her decision in writing to the grievant. 4. A conference shall be held at the request of either the grievant or the Superintendent or his/her designee within seven (7) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, the decision at Level I, and a clear and concise statement of the reason for the appeal. The Superintendent or his designee shall hold a hearing with the parties and render a written decision within ten (10) days of the receipt of the appeal. (3) c. Level III Ill - In Mediation If the event the grievant Grievant is not satisfied with the decision at Level II, the Association may advise the District within seven ten (710) days of receipt issuance of the Level II decision decision, he/she shall request the appointment of its intent to request a mediator from the California State Mediation and Conciliation Mediation ServiceService (CSMCS) to attempt to resolve the dispute through mediation. d. Level IV- Arbitration 1. Within twenty (20) days after the final meeting with the mediator, if the Grievant is not satisfied with the result, the Federation has exclusive right to submit the decision to arbitration. If the Federation exercises its right to arbitration, the Federation shall inform the Employer by certified mail or by hand delivery to the person authorized by the Employer to receive such notices. The grievance shall be submitted by the Superintendent to the CSMCS. The arbitrator will be chosen by the Federation and the District by alternately striking names from CSMCS list until one name remains; the Federation shall strike the first name. If the District and the Federation agree, rules for expedited arbitration shall be used. 2. The fees and expenses of the arbitrator and a court reporter, if required by the arbitrator, shall be shared equally, except that in the case of advisory arbitration, if the Board does not comply with the recommendation of the arbitrator, the entire arbitrator and court reporter fees shall be paid by the District. Any additional expenses shall be borne by the party incurring such expense.

Formal Level. 7.3.2.1 Level 1: Immediate Supervisor (1a) Level I - At the completion of the informal grievance procedure and within fifteen twenty (1520) days after the occurrence of the alleged violation, misinterpretation, act or misapplication of a provision of this Agreementomission giving rise to the grievance, the grievant must shall present the grievance in writing on the approved appropriate form or lose to the right to grieveimmediate supervisor. The form This statement shall contain be a clear, concise statement of the grievance, including the provision or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal levelconference, and the specific remedy sought. desired. (b) The immediate supervisor shall hold a hearing with the grievant, and shall communicate the his/her decision in writing to the grievant and the Superintendent in writing within seven five (75) days after receiving the grievance. In If the event supervisor does not respond within the immediate supervisor fails to conduct a hearing and render a decision in writing within seven daystime limits, the grievant shall notify may appeal to the Superintendent, who shall convene a hearing with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) daysnext level. (c) Within the above time limits, either party may request a personal conference. 7.3.2.2 Level 2: Superintendent (a) Level II - In the event the grievant is not satisfied with the decision at in Level I1, the grievant may appeal the decision on the approved appropriate form to the Superintendent or his/her designee within seven five (75) days of the receipt of the Level I decisiondays. The form shall This statement should include a copy of the original grievance, the decision at Level Irendered, and a clear and clear, concise statement of the reason reason(s) for the appeal. The Superintendent or his designee shall hold a hearing with the parties and render a written decision within ten (10) days of the receipt of the appeal. (b) The Superintendent or his/her designee shall communicate the decision to the grievant and the Board within five (5) days after receiving the appeal. Either the grievant or the Superintendent may request a personal conference within the above time limits. If the Superintendent does not respond within the time limits, the grievant may appeal to the next level. 7.3.2.3 Level 3: Governing Board (a) Level III - In the event the grievant is not satisfied with the decision at Level IIdecision, the Association grievant may advise appeal the decision to the Governing Board within five (5) days. The statement shall include a copy of the decisions and the reasons rendered. Either the grievant or the Board may request a conference within the above time limits. The Board's decision shall be in writing, and rendered within five days after the Board meeting. A copy will be sent to the grievant. 7.3.2.4 Level 4: Binding Arbitration (a) If the grievant is not satisfied with the decision of the Governing Board, he/she may within five (5) days submit a request in writing to the Superintendent for binding arbitration of the dispute. (b) The grievant and the District within seven shall attempt to agree upon an arbitrator. If no agreement can be reached, either party shall request the California Conciliation Services to supply a panel of five (75) days names of receipt 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 the Level II striking shall be by lot. (c) The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. (d) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. 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. (e) The arbitrator shall 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. California Conciliation Services rules shall govern. (f) Issues arising out of the exercise by the Board and administration of its intent responsibilities under Article VII, Definitions, paragraph 1, of this Article, including the facts underlying its exercise of such discretion, shall not be subject to request the procedure. (g) After a mediator from hearing and after both parties have had an opportunity to make written arguments, the California State Conciliation Mediation Servicearbitrator shall submit his/her findings and recommendations to all parties. (h) The arbitrator's decision shall be final and binding on the parties.

Formal Level. (1) 11.4.1 Level I - within fifteen (15) days after the occurrence of the alleged violation, misinterpretation, School Principal/designee or misapplication of a provision of this Agreement, the grievant must present the grievance in writing on the approved form or lose the right to grieve. The form shall contain a clear, concise statement of the grievance, including the provision or provisions of this Agreement alleged to have been violated, misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and shall communicate the decision in writing to the grievant within seven (7) days after receiving the grievance. In the event the immediate supervisor fails to conduct a hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing with the immediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) days.Department Head (2) Level II - 11.4.1.1 In the event the grievant is not satisfied with the disposition of the grievance at the informal level, they may submit the claim as a formal grievance in writing by completing Grievance Form 4136 and presenting it to the principal/designee or department head. The grievance shall specify the specific section(s) of the contract allegedly violated, the occurrence(s) giving rise to the grievance, and the proposed remedy. If the grievant has not filed a claim within ten (10) days after speaking with the principal/designee or division head informally, the grievance will be deemed to have been waived. If a formal grievance has been filed, the grievant may: (a) discuss the grievance personally; (b) voluntarily request that a representative accompany them; (c) voluntarily request that a representative(s) act on their behalf and shall notify the principal/designee or division head accordingly. 11.4.1.2 Within eight (8) days after receipt of the written grievance by the principal/designee or department head, the principal/designee or department head shall meet with the grievant and/or representative(s) in an effort to resolve the matter and shall render a written decision to the grievant and the Exclusive Representative within eight (8) days after the Level I meeting regarding the formal grievance. 11.4.2 Level II - Superintendent or Designee 11.4.2.1 If the grievant is not satisfied with the disposition of the grievance at Level I, or if no meeting takes place within eight (8) days after formal presentation of the Grievance Form 4136 to the principal/designee or department head, or if no decision has been rendered within eight (8) days after the formal Level I meeting regarding the grievance, the grievant may appeal forward the decision on the approved form written grievance to the Superintendent or hisSuperintendent/her designee designee. This submission of grievance to Level II shall take place within seven five (75) days of the receipt of the Level I decision. The form shall include a copy of the original grievance, after the decision at Level I, and a clear and concise statement or within thirteen (13) days after the grievance was presented if no meeting has taken place, or within thirteen (13) days after the Level I meeting if no decision has been rendered. 11.4.2.2 Within eight (8) days after receipt of the reason for written grievance by the appealSuperintendent/designee, the Superintendent/designee shall meet with the grievant and/or their voluntarily authorized representative in an effort to resolve the matter. 11.4.2.3 Within eight (8) days after meeting with the grievant and/or their voluntarily authorized representative, the Superintendent/designee shall transmit their response to the Exclusive Representative. 11.4.3 Level III - Arbitration 11.4.3.1 If CSEA is not satisfied with the disposition of the grievance at Level II or the time limits expire without the issuance of the Superintendent’s written reply, CSEA may, within twenty (20) days, submit the grievance to arbitration. In such case, the parties shall request a list of arbitrators from the California State Mediation and Conciliation Service (CSMCS) in accordance with CSMCS procedures. 11.4.3.2 No party in interest shall be permitted to assert any grounds or issues before the arbitrator which were not previously disclosed to the other party. The Superintendent or his designee arbitrator shall hold a hearing with consider only those issues raised by the parties in interest. The arbitrator is empowered to include in any Award such financial reimbursements or other remedies as judged to be proper. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and render of the court reporter shall be divided equally between the District and CSEA. If either party requests a written decision transcript of the proceedings, that party shall bear the full cost for that transcript. If both parties request transcripts, the total cost of the transcript shall be divided equally between the District and CSEA. 11.4.3.2.1 An arbitrator shall be selected by the following procedures: 11.4.3.2.2 A representative of CSEA and the District’s representative shall select the arbitrator from the CSMCS list by eliminating names until one name remains. 11.4.3.2.3 All grievances reaching the arbitration level shall be numbered. 11.4.3.2.4 The odd-numbered grievances will give the District first elimination; even-numbered grievances will give CSEA first elimination. 11.4.3.2.5 The one remaining name shall be the arbitrator. 11.4.3.2.6 The process of striking names shall occur within ten (10) days of the receipt of the appeallist from CSMCS by both parties. (3) Level III - In 11.4.3.2.7 Once the event arbitrator has been selected, hearings shall commence at the grievant is not satisfied convenience of the arbitrator. Hearings shall be confined to working days. 11.4.3.2.8 The arbitrator shall conduct the hearing in accordance with the decision at Level IIvoluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 11.4.3.2.9 The arbitrator shall conduct the proceedings in accordance with the standards common to the field of arbitration, including the exercise of the standards of equity. However, the Association may advise arbitrator shall not have the District within seven (7) days authority to amend or modify the written terms and conditions of receipt of the Level II decision of its intent to request a mediator from the California State Conciliation Mediation Servicethis agreement.