Common use of Level III Clause in Contracts

Level III. If the grievant is not satisfied with the disposition of his/her grievance at Level II, the grievant, with the written concurrence of the Union, may within ten (10) workdays: A. Submit the grievance in writing to the Board for a hearing and final determination. Within fifteen (15) workdays after receipt of a request for a hearing the Board shall meet with the grievant and his/her Union representative to hear the matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit the grievance to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance to arbitration. If no agreement can be reached on a mutually acceptable arbitrator within ten (10) workdays after the written request is made, the District and the Union shall jointly request that the State Conciliation Service supply a listing of names pursuant to its Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall be binding on the grievant, the Union and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations: 1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this agreement, as alleged by the grievant. 2. The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 3. The arbitrator shall have no power to change any practice, policy, or rule of the District or to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule. 4. The arbitrator shall not consider any issue/evidence raised by the grievant unless it was known by the District in an earlier level of this grievance procedure.

Level III. If the grievant is not satisfied with the disposition of his/her grievance decision at Level II, the grievant, with grievant shall give notice to the written concurrence Federation within five (5) days of the Union, may decision at Level II of his/her wish to submit the grievance to arbitration. The Federation shall notify the Superintendent or designee within ten (10) workdays: A. Submit the grievance in writing to the Board for a hearing and final determination. Within fifteen (15) workdays days after receipt of a request for a hearing the Board shall meet with Level II decision by the grievant and his/her Union representative if the Federation wishes to hear the matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit the grievance to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance proceed to arbitration. If no agreement can be is reached on a mutually acceptable arbitrator within said ten (10) workdays after days a current list of seven (7) of available arbitrators shall be obtained by the written request is made, Federation from the District and the Union shall jointly request that the California State Conciliation Service supply a listing of names pursuant to its RulesService. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award selection of the arbitrator shall be binding on made by alternatively striking names from such list until one name remains. The party who strikes the grievant, the Union and the District. It first name shall be the function determined by lot. The fees and expenses of the arbitrator to make an award, if necessary, which will resolve and the grievancehearing shall be borne equally by the District and the Federation. All other expenses shall be borne by the party incurring them. 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 be subject determine the issues by referring to the following limitations: 1written grievance and the answers thereto at each step. The arbitrator shall will have no power to add to, alter, subtract from, disregard, change, from or modify any the terms of this agreementAgreement or the written policies, but shall determine only whether or not there has been a violationrules, misapplication or misinterpretation regulations and procedures of this agreement, as alleged by the grievant. 2District. The award arbitrator shall not have authority to decide any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The findings of the arbitrator shall be based solely upon the evidence and arguments presented to him/her by the respective parties in the presence of each other, except to the parties, and upon any extent that post-hearing briefs are filed. Such post- hearing briefs, if any, shall be based solely upon the evidence presented by the respective parties in the presence of each other. The Board’s maximum liability for direct or indirect costs imposed by arbitration awards rendered during any fiscal year shall not exceed a total of $25,000. This includes, but is not limited to, back pay awards or awards that require the parties. 3District to take action which results in a cost to the District. The arbitrator shall have no power may hear and determine only one grievance at a time unless both parties mutually agree to change consolidate similar grievances. If any practice, policy, or rule of the District or to substitute his/her judgment for that of the District question(s) arises as to the reasonableness arbitrability of any the grievance, such practicequestion(s) shall be first decided by the arbitrator before consideration of the merits of the grievance. After a hearing and after both parties have had an opportunity to make written arguments, policy or rule. 4. The the arbitrator shall not consider any issue/evidence raised by the grievant unless it was known by the District submit in an earlier level of this grievance procedurewriting to all parties his findings and recommendations which shall be final and binding.

Level III. If the grievant is not satisfied with the disposition of his/her grievance decision at Level II, the grievantgrievant may, with the written concurrence of the Union, may within ten (10) workdays: A. Submit the grievance days, submit a request in writing on the appropriate form to the Board County Superintendent or designee for a hearing facilitator/mediator. At this level a facilitator/mediator will be utilized to assist in the communication between the unit member filing a grievance and final determinationthe County Superintendent. Within fifteen The individual facilitator/mediator shall be selected from the California State Mediation and Conciliation Service (15) workdays after receipt CSMCS). The role of a request for a hearing the Board shall meet facilitator is to enhance communication and provide alternative means of dealing with the grievant and his/her Union representative to hear the mattergrievance. The Board work of the facilitator is non-binding on either party and there will be no written opinion regarding the outcome by the facilitator. As an alternative, the employee may elect to go to Level IV and not utilize the provision contained in Level III and shall render a final decision so request in writing on the appropriate form to the County Superintendent or designee within ten (10) workdays of the hearing or;above stated time frame. B. Submit 11.6.1 The Union and the grievance Superintendent shall attempt to agree upon a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance to arbitrationmediator who will render an advisory award. If no agreement can be reached on reached, they shall request the California State Mediation and Conciliation Service (CSMCS) to supply a mutually acceptable arbitrator within ten panel of five (105) workdays after names of 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 written request mediator who will render an advisory decision. The order of the striking shall be determined by lot. 11.6.2 The fees and expenses of the mediator shall be borne by the Superintendent if the grievance is made, the District sustained and the Union if the grievance is denied. In the event the grievance is sustained in part and denied in part, the mediator shall jointly request that determine the State Conciliation Service supply appropriate share of fees and expenses to be assessed each party. All other expenses shall be borne by the party incurring them. 11.6.3 The mediator shall, as soon as possible, hear evidence and render a listing of names pursuant decision on the issue or issues submitted to its Ruleshim/her. The Voluntary Labor Arbitration Rules of If the American Arbitration Association parties cannot agree upon a submission agreement, the mediator shall apply in this determine the issues by referring to the written grievance and the answers thereto at each step. Any award of the arbitrator All mediation issues shall be binding ruled upon prior to hearing on the grievant, the Union and the District. It shall be the function of the arbitrator to make an award, if necessary, which merits. 11.6.4 The mediator will resolve the grievance. The arbitrator shall be subject to the following limitations: 1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, from or modify any the terms of this agreementAgreement or the written policies, but rules, regulations, and procedures of the Superintendent. The mediator shall determine only whether be limited to a maximum award of $1,000 on any single or not there has been group of grievances involving the same issue(s). Notwithstanding the above maximum award limitation of $1,000, the County Superintendent of Schools, or if the matter is reviewed by a violationSuperior Court of appropriate jurisdiction, misapplication either the Superior Court or misinterpretation the County Superintendent of this agreementSchools may award in excess of $1,000, as alleged by the grievanton any single or group grievances involving such an issue. 2. The award of 11.6.5 After a hearing, and after both parties have had an opportunity to make written arguments, the arbitrator mediator shall submit in writing to all parties his findings and recommendations which shall be based solely upon the evidence and arguments presented advisory to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 3. The arbitrator shall have no power to change any practice, policy, or rule of the District or to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule. 4. The arbitrator shall not consider any issue/evidence raised by the grievant unless it was known by the District in an earlier level of this grievance procedure.

Level III. If the grievant is not satisfied with the disposition of his/her grievance decision at Level IIthe previous level or if there is no decision within the time limits, the grievantgrievant may, with the written concurrence of the Union, may within ten (10) workdays: A. Submit days of receipt of the decision or the exhaustion of the time limits, request the Association submit the grievance in writing to mediation/arbitration. The Association, if it elects to pursue the Board for a hearing and final determination. Within grievance, shall submit the grievance to mediation/arbitration within fifteen (15) workdays after days of the receipt of the decision or the exhaustion of the time limits. 3.3.1 If the Association submits to mediation/arbitration, the parties shall request the services of a request for a hearing mediator from the Board shall meet with the grievant State Mediation and his/her Union representative to hear the matterConciliation Service. The Board mediator shall first attempt to resolve the grievance through mediation. If, in the judgment of the mediator, mediation will not bring about resolution, the mediator shall become the arbitrator and shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit the grievance decision, which shall be reduced to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance to arbitration. If no agreement can be reached on a mutually acceptable arbitrator within ten (10) workdays after the written request is made, the District and the Union shall jointly request that the State Conciliation Service supply a listing of names pursuant to its Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator which shall be final and binding on the grievantexcept decisions pertaining in whole or part to Article VIII, the Union and the District. It Section 9.2.2 (Evaluation Procedure) and/or Article XIII (Safety), which shall be advisory only and shall be submitted to the function Board of the arbitrator to make an award, if necessary, which will resolve the grievanceEducation for its determination. The arbitrator shall be subject to the following limitations: 1. The arbitrator shall will have no power to add to, alter, subtract from, disregard, change, from or modify any the terms of this agreementAgreement or such written policies, but shall determine only whether or rules, regulations, procedures of the District that are not there has been a violation, misapplication or misinterpretation in violation of the terms of this agreementAgreement. Neither party shall be permitted to assert any ground in arbitration if such ground was not disclosed to the other party prior to the decision being appealed to mediation/arbitration, as alleged by or to assert any evidence known but not disclosed in response prior to the grievantdecision being appealed. 23.3.2 Either party may elect to separate mediation and arbitration in lieu of the mediation/arbitration procedure above. If separated, mediation shall precede arbitration. Separated arbitration shall be final and binding and conducted pursuant to the rules of the American Arbitration Association. The award fees and expenses of the arbitrator shall be based solely upon borne equally by Association and District. All other expenses shall be borne by the evidence and arguments presented to him/her in party incurring the presence of the parties, and upon any post-hearing briefs of the parties. 3expenses. The arbitrator shall have no power to change any practice, policy, or rule of the District or to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule. 4. The arbitrator shall not consider any issue/evidence raised be bound by the grievant unless it was known by same rules as the District arbitrator in an earlier level of this grievance procedurethe mediation/arbitration procedure above.

Level III. If the grievant is not satisfied with the disposition of his/her grievance at Level II, the grievant, with the written concurrence of the Union, may within ten (10) workdays: A. Submit the grievance in writing to the Board for a hearing and final determination. Within fifteen (15) workdays after receipt of a request for a hearing the Board shall meet with the grievant and his/her Union representative to hear the matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit the grievance to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance to arbitration. If no agreement can be reached on a mutually acceptable arbitrator within ten (10) workdays after the written request is made, the District and the Union shall jointly request that the State Conciliation Service supply a listing of names pursuant to its Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall be binding on the grievant, the Union and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations: 1. ) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this agreement, as alleged by the grievant. 2. ) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 3. ) The arbitrator shall have no power to change any practice, policy, or rule of the District or to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule. 4. ) The arbitrator shall not consider any issue/evidence raised by the grievant unless it was known by the District in an earlier level of this grievance procedure.

Level III. If The Association shall notify the Superintendent or designee within fifteen (15) days after receipt of Level II decision by the grievant is if the Association wishes to proceed to arbitration. As soon as possible, and in any event not satisfied with the disposition of his/her grievance at Level II, the grievant, with the written concurrence of the Union, may within later than ten (10) workdays: A. Submit working days after the grievance in writing to the Board for a hearing and final determination. Within fifteen (15) workdays after receipt of a request for a hearing the Board shall meet with the grievant and his/her Union representative to hear the matter. The Board shall render a final decision in writing within ten (10) workdays District receives written notice of the hearing or; B. Submit Association's desire to arbitrate, the grievance parties shall attempt to a neutral agree upon an arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance to arbitration. If no agreement can be reached on reached, they shall request the California State Conciliation Service to supply a mutually acceptable panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternatively strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot. The fees and expenses of the arbitrator within ten (10) workdays after and the written request is made, hearing shall be borne equally by the District and the Union grievant. All other expenses shall jointly request that be borne by the State Conciliation Service supply a listing of names pursuant to its Rulesparty incurring them. The Voluntary Labor Arbitration Rules of arbitrator shall, as soon as possible, hear evidence and render a decision on the American Arbitration Association shall apply in this stepissue or issues submitted to him/her. Any award of If the parties cannot agree upon a submission agreement, the arbitrator shall be binding on determine the grievant, issues by referring to the Union written grievance and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievanceanswers thereto at each step. The arbitrator shall be subject to the following limitations: 1. The arbitrator shall will have no power to add to, alter, subtract from, disregard, change, from or modify any the terms of this agreementAgreement or the written policies, but shall determine only whether or not there has been a violationrules, misapplication or misinterpretation regulations and procedures of this agreement, as alleged by the grievant. 2District. The award arbitrator shall not have authority to decide any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The findings of the arbitrator shall be based solely upon the evidence and arguments presented to him/her by the respective parties in the presence of each other, except to the parties, and upon any extent that post-hearing briefs are filed. Such post-hearing briefs, if any, shall be based solely upon the evidence presented by the respective parties in the presence of the parties. 3each other. The arbitrator shall have no power may hear and determine only one grievance at a time unless both parties mutually agree to change consolidate similar grievances. If any practice, policy, or rule of the District or to substitute his/her judgment for that of the District question(s) arises as to the reasonableness arbitrability of any the grievance, such practicequestion(s) shall be first decided by the arbitrator before consideration of the merits of the grievance. After a hearing and after both parties have had an opportunity to make written arguments, policy or rule. 4. The the arbitrator shall not consider any issue/evidence raised by the grievant unless it was known by the District submit in an earlier level of this grievance procedurewriting to all parties his findings and recommendations which shall be final and binding.

Level III. If the grievant is not satisfied with the disposition of his/her grievance decision at Level II, CSEA may within five 14 (5) days, submit a request, in writing, to the grievant, with the written concurrence Superintendent for advisory 15 arbitration of the Union, may within ten (10) workdays: A. Submit dispute. CSEA and the grievance in writing District shall attempt to the Board for a hearing and final determination. Within fifteen (15) workdays after receipt of a request for a hearing the Board shall meet with the grievant and his/her Union representative to hear the matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit the grievance to a neutral agree upon 16 an advisory arbitrator. Such request must be in writing and be accompanied by a written statement from the Union agreeing to take the grievance to arbitration. If no agreement can be reached on reached, they shall request the 17 State Conciliation Service to supply a mutually acceptable panel of five (5) names of persons 18 experienced in hearing grievances in public schools. Each party shall 19 alternately strike a name until only one name remains. The remaining panel 20 member shall be the advisory arbitrator. The order of striking shall be 21 determined by lot. The fees and expenses of the arbitrator within ten (10) workdays after and the written request is made, hearing 22 shall be borne equally by the District and CSEA. All other expenses shall be borne by the Union shall jointly request that the State Conciliation Service supply a listing of names pursuant to its Rulesparty incurring them. The Voluntary Labor Arbitration Rules of arbitrator shall, as soon as possible, hear evidence and render a decision on the American Arbitration Association shall apply in this stepissue or issues submitted to him. Any award of If the parties cannot agree upon a submission agreement, the arbitrator shall be binding on determine the grievant, issues by referring to the Union written grievance and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievanceanswers thereto at each step. The arbitrator shall be subject to the following limitations: 1. The arbitrator shall will have no power to add to, alteradd, subtract from, disregard, change, from or modify any the terms of this agreementAgreement or the written policies, but shall determine only whether or not there has been a violationrules, misapplication or misinterpretation 28 regulations and procedures of this agreement, as alleged the District. The lawful exercise by the grievant. 2Board and administration of its responsibilities under Article II of the Agreement, 30 “District Rights”, shall not be subject to this procedure. The award of 1 After a hearing, and after both parties have had an opportunity to make 2 written arguments, the arbitrator shall submit, in writing to all parties, his 3 findings and recommendations which shall be based solely upon advisory to the evidence parties. By 4 filing a grievance and arguments presented utilizing the Advisory Arbitration Procedures of Level II, 5 CSEA expressly waives any right to himother statutory remedies or to the 6 exercise of any legal process other than as provided by CSEA by the 7 grievance/her arbitration process. The processing of a grievance utilizing the 8 Advisory Arbitration procedure shall constitute an express election on the part 9 of CSEA and that such is the chosen form for resolving the issues contained 10 in the presence grievance and that CSEA will not resort to any other form or procedure 11 for resolution of the partiesissues. In the alternative, and upon any post-hearing briefs CSEA retains the right to 12 decline to pursue the grievance through the Advisory Arbitration procedure 13 set forth in Level III. In such case, CSEA may communicate, in writing to the 14 Governing Board, a request that the Governing Board review the Level II 15 decision of the parties. 3. The arbitrator shall have no power to change any practice, policy, Superintendent or rule of the District or to substitute his/her judgment for designee. Upon receipt of such 16 request the Governing Board shall review that of the District as to the reasonableness of any such practice, policy or rule. 4decision. The arbitrator shall not consider any issue/evidence raised Governing 17 Board specifically retains the right to make its final determination on the 18 written record as previously submitted or to reopen the record for the taking of 19 additional evidence. The Governing Board alone has the power to render a 20 final determination of a grievance. The parties agree and understand that the 21 taking of such action by the grievant unless it was known by Governing Board, as set forth herein and/or in 22 Level IV below, constitutes the District in an earlier level exhaustion of this grievance procedure.

Level III. 4.4.3.1 If the grievant is not satisfied with the disposition of his/her grievance decision at Level II, the grievant, with the written concurrence of the Union, grievant may within ten (10) workdays: A. Submit the grievance days submit a request in writing to the Board Association for a hearing and final determination. Within fifteen (15) workdays after receipt of a request for a hearing the Board shall meet with the grievant and his/her Union representative to hear the matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit dispute before an arbitrator. If the grievance Association so agrees, the Association will notify the District of its desire to a neutral arbitratorarbitrate the issue. Such request must be in writing and be accompanied by a written statement from made within thirty (30) days of the Union agreeing decision at Level II. Failure to take meet the time limit shall constitute an automatic withdrawal of the grievance and the grievance shall be deemed resolved. 4.4.3.2 The Association and the District shall attempt to arbitrationagree upon an arbitrator. If no agreement can be reached reached, they shall alternately strike a name from the panel below until only one name remains. The remaining panel member shall be the Arbitrator. The order of striking shall be determined by lot. The panel members are: Xxxxxx Block Xxxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxxxx Xxx Xxxxxxx 4.4.3.3 The Arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. If the parties cannot agree upon a mutually acceptable arbitrator within ten (10) workdays after submission agreement, the Arbitrator shall determine the issues by referring to the written request is madegrievance and the answers thereto at each level. If either party raises an issue of arbitrability, such party raising the issue may request, by written notice to the other party 48 hours in advance of the hearing, a separate hearing on the issue of arbitrability. Such decision may, upon agreement of the parties, consist of a decision without written opinion. No hearing on the merits of the case will be conducted until the issue of arbitrability has been decided. 4.4.3.4 After a hearing and after both parties have had an opportunity to make written arguments, the Arbitrator shall submit in writing to all parties copies of the award. 4.4.3.5 The District and the Association agree that the jurisdiction and authority of the Arbitrator so selected and the opinions he/she expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The Arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of the Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The Arbitrator shall be without power or authority to make any decision that requires the District or the Association to do an act prohibited by law, or in violation of this Agreement or that involves the exercise of discretion by the District under the provisions of this Agreement or applicable law. The decision of the Arbitrator, within the limits prescribed, shall be final and binding upon the parties to the dispute, except as provided by law. 4.4.3.6 The fees and expenses of the Arbitrator and the hearing shall be borne equally by the District and the Union grievant. All other expenses shall jointly request that be borne by the State Conciliation Service supply a listing of names pursuant parties incurring them. Unless the parties mutually agree to its Rules. The Voluntary Labor Arbitration Rules share the expenses, the cost of the American Arbitration Association shall apply in this step. Any award services and expenses of the arbitrator court reporter shall be binding on the grievant, the Union and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations: 1. The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this agreement, as alleged paid by the grievantparty requesting same. 2. The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties. 3. The arbitrator shall have no power to change any practice, policy, or rule of the District or to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule. 4. The arbitrator shall not consider any issue/evidence raised by the grievant unless it was known by the District in an earlier level of this grievance procedure.