Level III 11. 4.3.1 In the event the grievant is not satisfied with the decision at Level II, the grievant may, within 10 working days after receipt of the decision from the Superintendent, or his designee, request in writing that the Association submit the grievance to either (1) arbitration or (2) review by the Board of Trustees of the Mill Valley School District. If the Association chooses not to submit the grievance to either arbitration or to review by the School Board, the decision at Level II shall be final. 11. 4.3.2 Procedures to be followed in the event arbitration is chosen: 11.4.3.2.1 The Association shall give written notice to the Superintendent within 15 days of the request from the grievant, declaring that it wishes to submit the grievance to arbitration rather than to review by the Board of Trustees without arbitration. 11.4.3.2.2 The parties shall select a mutually agreeable arbitrator. In the event they are unable to agree on an arbitrator within 10 days of the Association’s submittal of the grievance to arbitration, the arbitrator shall be selected from a list submitted by the State Mediation and Conciliation Service. If the grievant and the Superintendent cannot agree on an arbitrator on the list, each party shall alternately strike names until only one name remains. 11.4.3.2.3 The arbitrator shall conduct a hearing at which both parties may present evidence. After completing the hearing, the arbitrator shall prepare a report listing the issues, the pertinent facts, and proposed decision. This report shall be sent to the Board of Trustees, the Association, the grievant, and the Superintendent. Each party shall pay for the cost of their representation at the hearing; however, the cost of the arbitrator and other matters related to the hearing shall be borne equally by the Association and the District. 11.4.3.2.4 The proposed decision of the arbitrator shall be accepted by both parties, provided, however, that the Board of Trustees, within 10 days of the receipt of the arbitrator’s report, may, by written notice to the grievant and the Association, decide to conduct a review of the grievance. Said review shall be based on the documents submitted at the lower levels of the grievance and the transcript of the arbitration hearing. The Board may not overturn the arbitrator’s decision except when the vote to overturn is supported by at least three votes of a five- member Board. If the Board votes not to accept the arbitrator’s decision, the District shall pay the Association’s share of the above listed cost for the arbitrator and miscellaneous hearing expenses.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
