Common use of Fourth Step Clause in Contracts

Fourth Step. In the event that the grievance has not been satisfactorily resolved at the third step, the Association shall file, within thirty (30) days of the written decision of the Assistant Superintendent/Vice President of Instruction or Assistant Superintendent/Vice President of Student Services or Vice President of Human Resources and Risk Management, a demand with the Superintendent/President, to proceed to the fourth step: a hearing before a Hearing Officer. 8.1.3.10.1 The Hearing Officer will be selected as follows: 8. 1.3.10.1.1 With the concurrence of the Association, the Superintendent/President may serve as the Hearing Officer. 8.1.3.10.1.2 If the Association does not agree to have the Superintendent/President as the Hearing Officer, then the Association or District may request an Arbitrator chosen from the list of seven (7) names requested jointly by the Vice President of Human Resources and Risk Management and the Association from the American Arbitration Association. The Association shall strike from the list the name of one candidate; then the Vice President of Human Resources and Risk Management shall strike the name of one candidate; the names will be stricken in this manner until the name of one candidate remains, who shall be the Hearing Officer. 8.1.3.10.2 The Hearing Officer shall conduct a hearing within either ten (10) days of the receipt of the written appeal of the third step decision or ten (10) days of agreement on the Hearing Officer. The Hearing Officer shall notify the District and the Association of his/her advisory decision within ten (10) days of such hearing. Within ten (10) days of the receipt of this written advisory decision by the Hearing Officer, the Superintendent/President will render a final written decision setting forth the reasons for such decision. This decision shall be final insofar as this administrative procedure is concerned. 8.1.3.10.3 The Association will pay half of the unreimbursed cost of any hearing.

Fourth Step. In the event that the grievance has not been satisfactorily resolved at the third step, the Association employee shall file, within thirty (30) days of the written decision of the Assistant Superintendent/Vice President Director of Instruction or Assistant Superintendent/Vice President of Student Services or Vice President Human Resources, a request with the Director of Human Resources and Risk Management, a demand with the Superintendent/President, to proceed to the fourth step: --a hearing before a Hearing Officer. 8.1.3.10.1 . The Hearing Officer will be selected as follows: 8.: 1.3.10.1.1 13.1.2.4.1 With the concurrence of the Associationemployee, the Superintendent/ President may either serve as the Hearing Officer or designate another person who need not be an employee of the District to serve. 13.1.2.4.2 If the employee and the Superintendent/President may serve as are unable to agree on a Hearing Officer within the Hearing Officer. 8.1.3.10.1.2 If five (5) day period from the Association does not agree to have the Superintendent/President as the Hearing Officerthird step appeal, then the Association or District employee may request an Arbitrator chosen from the a list of seven (7) names requested jointly by the Vice Superintendent/President of Human Resources and Risk Management and the Association employee from the American Arbitration AssociationState Mediation and Conciliation Service. The Association employee shall strike from the list the name of one candidate; then the Vice Superintendent/President of Human Resources and Risk Management shall strike the name of one candidate; the names will be stricken in this manner until the name of one candidate remains, who shall be the Hearing Officer. 8.1.3.10.2 . The Hearing Officer shall conduct a hearing within either ten thirty (1030) days of the receipt of the written appeal of the third step decision or ten thirty (1030) days of agreement on the Hearing OfficerOfficer or as soon thereafter as available. The Hearing Officer shall notify the District and the Association Superintendent/President of his/her advisory decision within ten (10) days of such hearing. Within ten (10) days of the receipt of this written advisory decision by the Hearing OfficerSuperintendent/President, the Superintendent/Superintendent/ President will render a final written decision setting forth the reasons for such decision. The timeline set forth in this paragraph may be waived by mutual written agreement of both parties. In event the grievance has not been satisfactorily resolved with the Superintendent/ President, the grievant may file, within ten (10) days of the written decision of the Superintendent/President, a request to have the written record of the grievance reviewed by the Board of Trustees. The Board may accept, reject, or modify the Superintendent/ President's decision. This decision shall be final insofar as this administrative procedure is concernedmade by the Board of Trustees in a timely manner. 8.1.3.10.3 13.1.2.4.3 The Association will pay half cost of the unreimbursed cost of Hearing Officer including any hearingtranscripts will be mutually paid by both parties.

Fourth Step. In the event that the grievance has not been satisfactorily resolved at the third step, the Association shall file, within thirty (30) days of the written decision of the Assistant Superintendent/Vice President of Instruction or Assistant Superintendent/Vice President of Student Services or Vice President of Human Resources and Risk Management, a demand with the Superintendent/President, to proceed to the fourth step: a hearing before a Hearing Officer. 8.1.3.10.1 . The Hearing Officer will be selected as follows: 8. 1.3.10.1.1 With the concurrence of the Association, the Superintendent/Superintendent/ President may serve as the Hearing Officer. 8.1.3.10.1.2 If the Association does not agree to have the Superintendent/President as the Hearing Officer, then the Association or District may request an Arbitrator chosen from the list of seven (7) names requested jointly by the Vice President of Human Resources and Risk Management and the Association from the American Arbitration Association. The Association shall strike from the list the name of one candidate; then the Vice President of Human Resources and Risk Management shall strike the name of one candidate; the names will be stricken in this manner until the name of one candidate remains, who shall be the Hearing Officer. 8.1.3.10.2 . The Hearing Officer shall conduct a hearing within either ten (10) days of the receipt of the written appeal of the third step decision or ten (10) days of agreement on the Hearing Officer. The Hearing Officer shall notify the District and the Association of his/her their advisory decision within ten (10) days of such hearing. Within ten (10) days of the receipt of this written advisory decision by the Hearing Officer, the Superintendent/President will render a final written decision setting forth the reasons for such decision. This decision shall be final insofar as this administrative procedure is concerned. 8.1.3.10.3 . The Association will pay half of the unreimbursed cost of any hearing.