Level Four If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit.
1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits.
2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party.
3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the other.