Common use of Formal Level Clause in Contracts

Formal Level. 4.1 Procedure Level One: Immediate Supervisor 4.1.1 If not satisfied at the informal level, the grievant may present a written grievance to the immediate supervisor within ten (10) days of the informal conference with his/her immediate supervisor. A copy of the grievance will be simultaneously provided to the Association. The immediate supervisor shall meet with the grievant within ten (10) days of receipt of the Level One written grievance. The immediate supervisor shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting. 4.1.2 If the grievant is not satisfied with the disposition of the grievance, or of no disposition has occurred within seven (7) days of the presentation of the grievance, the grievance may be appealed to Level Two within ten (10) days. Level Two: Superintendent 4.1.3 The Superintendent or his/her designee shall meet with the grievant and/or designated Association representative within five (5) days of receipt of the Level Two grievance appeal and shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting. 4.1.4 If the grievant is not satisfied with the disposition of the grievance or if no disposition has occurred within seven (7) days of such meeting, the grievant may within ten (10) days request the Association submit the grievance to mediation. Mediation may be waived only if mutually agreed to by both the Association and the District. Level Three: Mediation 4.1.5 The Association shall request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the parties in the resolution of the grievance as soon as possible. 4.1.6 If a mediated agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This Agreement shall be nonprecedential and shall constitute a settlement of the grievance. 4.1.7 In the event that the grievant and the Superintendent or his/her designee have not resolved the grievance with the assistance of the conciliator/mediator within ten (10) days from the first meeting held by the conciliator/mediator, the Association may terminate Level Three and the grievance may proceed to Level Four unless both parties agree to additional mediation. Level Four: Binding Arbitration 4.1.8 If the Association wishes to proceed to arbitration, it shall notify the other party in writing within ten (10) days of termination of Level Three mediation. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Association and District shall each pay one half (1/2) of any charges required by the merican Arbitration Association for services rendered. 4.1.9 The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. Jurisdiction shall extend only to claims of violations of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement. The decision of the arbitrator shall be submitted to the Association and the District and will be final and binding upon the parties. 4.1.10 All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room or court reporter, shall be borne equally by the District and the Association. All other costs, except for released-time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them.

Formal Level. 4.1 Procedure 4.2.2.1. Level One: Immediate Supervisor 4.1.1 If One In the event the grievance is not satisfied resolved at the informal level, the grievant may must present a written the grievance on the prescribed District form to the immediate supervisor within ten (l0) days of the informal meeting. The form shall include statements indicating: (a) How the grievant was adversely affected; (b) The specific section of the contract allegedly violated; (c) The specific remedy sought by the grievant to resolve the grievance. Within ten (l0) days after receiving the grievance, the immediate supervisor shall hold a conference with the grievant regarding the grievance, and the immediate supervisor shall communicate his/her decision to the grievant in writing. 4.2.2.2. Level Two In the event the grievance is not resolved at Level One, the grievant may appeal the decision to the next appropriate level of administration within ten (l0) days after response at Level One or the expiration of the ten (l0) day response time in Level One. This statement shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The appeal shall be submitted on the prescribed form. Within ten (10) days after receiving the grievance, the administrator or his/her designee shall hold a conference with the grievant regarding the grievance. Within ten (10) days after receiving the grievance, the administrator or his/her designee shall communicate his/her decision to the grievant in writing. 4.2.2.3. Level Three In the event the grievance is not resolved at Level Two, the grievant may, within ten (10) days after receipt of the Level Two response, request that the District and the grievant, by mutual agreement, elect to submit the grievance to mediation to attempt to resolve the grievance by informal agreement prior to proceeding to Level Three. If there is agreement to submit the grievance to mediation, the District shall contact the California State Conciliation Service and request that a mediator be appointed. The mediation shall be limited to a total of eight (8) hours, unless the parties agree to a continuance, and this service shall be provided at no cost to the parties. The parties shall attempt to reduce outstanding issues, and if possible, settle the dispute. The mediator, however, shall not have the power or authority to render a decision on the issue(s) or impose a settlement on the parties. Any statements made during the mediation process (other than those already documented at Levels One and Two), shall be confidential, shall not be considered precedential in nature, and shall not be admissible in any future court, administrative proceeding, or additional step in the grievance procedure. If mediation does not satisfactorily resolve the grievance, the grievant may continue his/her appeal of the grievance to Level Three within ten (10) days of the informal conference with last mediation session. In the event the grievance is not resolved at Level Two or by the above mediation step, the grievant may appeal the decision to the Superintendent or his/her immediate supervisor. A copy designee within ten (10) days after the response at Level Two, the expiration of the grievance will be simultaneously provided to the Association. The immediate supervisor shall meet with the grievant ten (10) day response time in Level Two, or within ten (10) days of receipt the last mediation session. The grievant shall include a copy of the Level One written grievanceoriginal grievance and appeal, the decisions rendered, and a clear, concise statement of the reasons for the appeal. The immediate supervisor appeal shall provide a written disposition of be submitted on the grievance, including the reasons therefore, to all parties of interest within seven prescribed form. Within ten (710) days of such meeting. 4.1.2 If the grievant is not satisfied with the disposition of the grievance, or of no disposition has occurred within seven (7) days of the presentation of after receiving the grievance, the grievance may be appealed to Level Two within ten (10) days. Level Two: Superintendent 4.1.3 The Superintendent or his/her designee shall meet hold a conference with the grievant and/or designated Association representative within five (5) days of receipt of the Level Two grievance appeal and shall provide a written disposition of regarding the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting. 4.1.4 If the grievant is not satisfied with the disposition of the grievance or if no disposition has occurred within seven (7) days of such meeting, the grievant may within ten (10) days request the Association submit the grievance to mediation. Mediation may be waived only if mutually agreed to by both the Association and the District. Level Three: Mediation 4.1.5 The Association shall request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the parties in the resolution of the grievance as soon as possible. 4.1.6 If a mediated agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This Agreement shall be nonprecedential and shall constitute a settlement of the grievance. 4.1.7 In the event that the grievant and the Superintendent or his/her designee have not resolved the grievance with the assistance of the conciliator/mediator within ten (10) days from the first meeting held by the conciliator/mediator, the Association may terminate Level Three and the grievance may proceed to Level Four unless both parties agree to additional mediation. Level Four: Binding Arbitration 4.1.8 If the Association wishes to proceed to arbitration, it shall notify the other party in writing within ten (10) days of termination of Level Three mediation. Within ten (10) days of such notification, representatives of after receiving the District and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator within the specified periodgrievance, the Association Superintendent or his/her designees shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Association and District shall each pay one half (1/2) of any charges required by the merican Arbitration Association for services rendered. 4.1.9 The arbitrator’s communicate his/her decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. Jurisdiction shall extend only to claims of violations of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement. The decision of the arbitrator shall be submitted to the Association and the District and will be final and binding upon the partiesgrievant, in writing. 4.1.10 All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room or court reporter, shall be borne equally by the District and the Association. All other costs, except for released-time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them.

Formal Level. 4.1 Procedure A. Level One: Immediate SupervisorI 4.1.1 1) If the grievant is not satisfied with the decision at the informal level, the grievant may present a written grievance to the immediate supervisor within ten (10) days after the decision was rendered, the grievant must present the grievance in writing to the immediate supervisor on Level I Grievance Procedure (Form 4031-1-f). 2) The grievant's statement shall include a statement of the grievance (i.e., state how the grievant has been adversely affected by a violation, misinterpretation, or inequitable application of a specific provision of this agreement), the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought. 3) The supervisor shall communicate the decision to the grievant in writing within ten (10) days after receiving the grievance. If the supervisor does not respond within the time limits, the grievant may appeal to the next level. 4) Within the time limits, either party may request a conference with his/her immediate supervisor. all concerned parties. 5) A grievant may be accompanied by an Association Representative at any step of this level. B. Level II 1) If not satisfied with the decision at Level I, the grievant may appeal the decision by submitting the Level II Grievance Procedure: Appeal (Form 4031-2-f) to the Superintendent or designee within ten (10) days after receiving the Level I decision. 2) This statement should include a copy of the grievance will be simultaneously provided Level 1 grievance, the decision rendered, and a statement of the reasons for this appeal. 3) The Superintendent or designee shall communicate a written decision to the Association. The immediate supervisor shall meet with the grievant within ten (10) days of receipt of the Level One written after receiving this grievance. The immediate supervisor shall provide a written disposition of If the grievanceSuperintendent or designee does not respond within the time limits, including the reasons therefore, grievant may appeal to all parties of interest within seven (7) days of such meetingthe next level. 4.1.2 4) Within the time limits, either party may request a conference with all concerned parties. 5) A grievant may be accompanied by an Association Representative at any step of this level. C. Level III 1) If the grievant is not satisfied with the disposition of the grievance, or of no disposition has occurred within seven (7) days of the presentation of the grievancedecision at Level II, the grievance may be appealed to Level Two within ten (10) days. Level Two: Superintendent 4.1.3 The Superintendent or his/her designee shall meet with the grievant and/or designated Association representative within five (5) days of receipt of the Level Two grievance appeal and shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting. 4.1.4 If the grievant is not satisfied with the disposition of the grievance or if no disposition has occurred within seven (7) days of such meeting, the grievant may within ten (10) days after receiving the Level II decision submit a request in writing to the Association submit the grievance to mediation. Mediation may be waived only if mutually agreed to by both the Association and the District. Level Three: Mediation 4.1.5 The Association shall request Superintendent that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the parties in the resolution of the grievance as soon as possiblegrievance. 4.1.6 2) If a mediated an agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This Agreement agreement shall be nonprecedential non-precedential and shall constitute a settlement of the grievance. 4.1.7 In the event that 3) A grievant shall be represented by an Association Representative. D. Level IV 1) If the grievant and the Superintendent or his/her designee have is not resolved the grievance satisfied with the assistance of decision at Level III, the conciliator/mediator Association may within ten (10) days from after receiving the first meeting held by Level III decision submit a request in writing to the conciliator/mediator, Superintendent for arbitration of the dispute on Level IV Grievance Procedure: Request for Arbitrator (Form 4031-3-f). 2) The Association may terminate Level Three and the grievance may proceed Superintendent (or designee) shall attempt to Level Four unless both parties agree to additional mediationupon an arbitrator. Level Four: Binding Arbitration 4.1.8 If the Association wishes to proceed to arbitration, it shall notify the other party in writing an agreement on an arbitrator is not reached within ten (10) days of termination of Level Three mediation. Within ten (10) days of such notification, representatives after submittal of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator within the specified periodrequest for arbitration, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Association and District shall each pay one half (1/2) of any charges required by the merican Arbitration Association for services rendered. 4.1.9 The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. Jurisdiction shall extend only to claims of violations of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement. The decision of the arbitrator shall be submitted to the Association and the District and will be final and binding upon Superintendent (or designee) shall request the parties. 4.1.10 All costs for the services State Conciliation Service to supply a list of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room or court reporter, shall be borne equally by the District and the Association. All other costs, except for released-time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them.five

Formal Level. 4.1 Procedure 4.2.2.1. Level One: Immediate Supervisor 4.1.1 If One In the event the grievance is not satisfied resolved at the informal level, the grievant may must present a written the grievance on the prescribed District form to the immediate supervisor within ten (l0) days of the informal meeting. The form shall include statements indicating: (a) How the grievant was adversely affected; (b) The specific section of the contract allegedly violated; (c) The specific remedy sought by the grievant to resolve the grievance. Within ten (l0) days after receiving the grievance, the immediate supervisor shall hold a conference with the grievant regarding the grievance, and the immediate supervisor shall communicate his/her decision to the grievant in writing. 4.2.2.2. Level Two In the event the grievance is not resolved at Level One, the grievant may appeal the decision to the next appropriate level of administration within ten (l0) days after response at Level One or the expiration of the ten (l0) day response time in Level One. This statement shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The appeal shall be submitted on the prescribed form. Within ten (10) days after receiving the grievance, the administrator or his/her designee shall hold a conference with the grievant regarding the grievance. Within ten (10) days after receiving the grievance, the administrator or his/her designee shall communicate his/her decision to the grievant in writing. 4.2.2.3. Level Three In the event the grievance is not resolved at Level Two, the grievant may, within ten (10) days after receipt of the Level Two response, request that the District and the grievant, by mutual agreement, elect to submit the grievance to mediation to attempt to resolve the grievance by informal agreement prior to proceeding to Level Three. If there is agreement to submit the grievance to mediation, the District shall contact the California State Conciliation Service and request that a mediator be appointed. The mediation shall be limited to a total of eight (8) hours, unless the parties agree to a continuance, and this service shall be provided at no cost to the parties. The parties shall attempt to reduce outstanding issues, and if possible, settle the dispute. The mediator, however, shall not have the power or authority to render a decision on the issue(s) or impose a settlement on the parties. Any statements made during the mediation process (other than those already documented at Levels One and Two), shall be confidential, shall not be considered precedential in nature, and shall not be admissible in any future court, administrative proceeding, or additional step in the grievance procedure. If mediation does not satisfactorily resolve the grievance, the grievant may continue his/her appeal of the grievance to Level Three within ten (10) days of the informal conference with last mediation session. In the event the grievance is not resolved at Level Two or by the above mediation step, the grievant may appeal the decision to the Superintendent or his/her immediate supervisor. A copy designee within ten (10) days after the response at Level Two, the expiration of the grievance will be simultaneously provided to the Association. The immediate supervisor shall meet with the grievant ten (10) day response time in Level Two, or within ten (10) days of receipt the last mediation session. The grievant shall include a copy of the Level One written grievanceoriginal grievance and appeal, the decisions rendered, and a clear, concise statement of the reasons for the appeal. The immediate supervisor shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting. 4.1.2 If the grievant is not satisfied with the disposition of the grievance, or of no disposition has occurred within seven (7) days of the presentation of the grievance, the grievance may be appealed to Level Two within ten (10) days. Level Two: Superintendent 4.1.3 The Superintendent or his/her designee shall meet with the grievant and/or designated Association representative within five (5) days of receipt of the Level Two grievance appeal and shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting. 4.1.4 If the grievant is not satisfied with the disposition of the grievance or if no disposition has occurred within seven (7) days of such meeting, the grievant may within ten (10) days request the Association submit the grievance to mediation. Mediation may be waived only if mutually agreed to by both the Association and the District. Level Three: Mediation 4.1.5 The Association shall request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the parties in the resolution of the grievance as soon as possible. 4.1.6 If a mediated agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This Agreement shall be nonprecedential and shall constitute a settlement of the grievance. 4.1.7 In the event that the grievant and the Superintendent or his/her designee have not resolved the grievance with the assistance of the conciliator/mediator within ten (10) days from the first meeting held by the conciliator/mediator, the Association may terminate Level Three and the grievance may proceed to Level Four unless both parties agree to additional mediation. Level Four: Binding Arbitration 4.1.8 If the Association wishes to proceed to arbitration, it shall notify the other party in writing within ten (10) days of termination of Level Three mediation. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Association and District shall each pay one half (1/2) of any charges required by the merican Arbitration Association for services rendered. 4.1.9 The arbitrator’s decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. Jurisdiction shall extend only to claims of violations of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement. The decision of the arbitrator shall be submitted to on the Association and the District and will be final and binding upon the parties. 4.1.10 All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room or court reporter, shall be borne equally by the District and the Associationprescribed form. All other costs, except for released-time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them.Within ten