Common use of Level III Clause in Contracts

Level III. If not satisfied with the decision at Level II, the grievant shall give notice to the Federation within five (5) days of the 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) days after receipt of Level II decision by the grievant if the Federation wishes to proceed to arbitration. If no agreement is reached within said ten (10) days a current list of seven (7) of available arbitrators shall be obtained by the Federation from the California State Conciliation Service. The selection of the arbitrator shall be made by alternatively striking names from such list until one name remains. The party who strikes the first name shall be determined by lot. The fees and expenses of the arbitrator and the hearing 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 determine the issues by referring to the written grievance and the answers thereto at each step. The arbitrator will have no power to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations and procedures of the District. The 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 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 District to take action which results in a cost to the District. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. If any question(s) arises as to the arbitrability of the grievance, such question(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, the arbitrator shall submit in writing to all parties his findings and recommendations which shall be final and binding.

Level III. If not satisfied with the decision at Level II, the grievant shall give notice to the Federation within five (5) days of the decision at Level II of his/her wish to submit the grievance to arbitration. The Federation shall notify the Superintendent or designee may, within ten (10) days after receipt days, submit a request in writing on the appropriate form to the County Superintendent or designee for a facilitator/mediator. At this level a facilitator/mediator will be utilized to assist in the communication between the unit member filing a grievance and the County Superintendent. The individual facilitator/mediator shall be selected from the California State Mediation and Conciliation Service (CSMCS). The role of Level II decision the facilitator is to enhance communication and provide alternative means of dealing with the grievance. The work of the facilitator is non-binding on either party and there will be no written opinion regarding the outcome by the grievant if facilitator. As an alternative, the Federation wishes employee may elect to proceed go to arbitrationLevel IV and not utilize the provision contained in Level III and shall so request in writing on the appropriate form to the County Superintendent or designee within the above stated time frame. 11.6.1 The Union and the Superintendent shall attempt to agree upon a mediator who will render an advisory award. If no agreement is reached within said ten (10) days a current list of seven (7) of available arbitrators can be reached, they shall be obtained by the Federation from request the California State Mediation and Conciliation ServiceService (CSMCS) to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. The selection of the arbitrator Each party shall be made by alternatively striking names from such list alternately strike a name until only one name remains. The party remaining panel member shall be the mediator who strikes will render an advisory decision. The order of the first name striking shall be determined by lot. . 11.6.2 The fees and expenses of the arbitrator and the hearing mediator shall be borne equally by the District Superintendent if the grievance is sustained and the FederationUnion if the grievance is denied. In the event the grievance is sustained in part and denied in part, the mediator shall determine the 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 arbitrator mediator 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 mediator shall determine the issues by referring to the written grievance and the answers thereto at each step. All mediation issues shall be ruled upon prior to hearing on the merits. 11.6.4 The arbitrator mediator will have no power to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations regulations, and procedures of the DistrictSuperintendent. The 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 mediator shall be based solely upon the evidence and arguments presented limited to him/her by the respective parties in the presence of each other, except to the 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 a maximum liability for direct or indirect costs imposed by arbitration awards rendered during any fiscal year shall not exceed a total award of $25,0001,000 on any single or group of grievances involving the same issue(s). This includesNotwithstanding the above maximum award limitation of $1,000, but the County Superintendent of Schools, or if the matter is not limited toreviewed by a Superior Court of appropriate jurisdiction, back pay awards either the Superior Court or awards that require the District to take action which results County Superintendent of Schools may award in a cost to the District. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. If excess of $1,000, on any question(s) arises as to the arbitrability of the grievance, single or group grievances involving such question(s) shall be first decided by the arbitrator before consideration of the merits of the grievance. an issue. 11.6.5 After a hearing 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 final and bindingadvisory to the parties.

Level III. If the grievant is not satisfied with the decision at Level IIthe previous level or if there is no decision within the time limits, the grievant shall give notice to the Federation within five (5) days of the decision at Level II of his/her wish to submit the grievance to arbitration. The Federation shall notify the Superintendent or designee may, within ten (10) days after of receipt of Level II the decision by or the grievant if exhaustion of the Federation wishes time limits, request the Association submit the grievance to proceed to mediation/arbitration. If no agreement is reached The Association, if it elects to pursue the grievance, shall submit the grievance to mediation/arbitration within said ten fifteen (1015) 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 current list of seven (7) of available arbitrators shall be obtained by the Federation mediator from the California State Mediation and Conciliation Service. The selection mediator shall first attempt to resolve the grievance through mediation. If, in the judgment of the arbitrator mediator, mediation will not bring about resolution, the mediator shall be made by alternatively striking names from such list until one name remains. The party who strikes the first name shall be determined by lot. The fees and expenses of become the arbitrator and the hearing shall render a decision, which shall be borne equally by the District reduced to writing and the Federation. All other expenses which shall be borne by the party incurring them. The arbitrator shallfinal and binding except decisions pertaining in whole or part to Article VIII, as soon as possibleSection 9.2.2 (Evaluation Procedure) and/or Article XIII (Safety), hear evidence which shall be advisory only and render a decision on the issue or issues shall be submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each stepBoard of Education for its determination. The arbitrator will have no power to add to, subtract from or modify the terms of this Agreement or the such written policies, rules, regulations and regulations, procedures of the DistrictDistrict that are not in violation of the terms of this Agreement. 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, or to assert any evidence known but not disclosed in response prior to the decision being appealed. 3.3.2 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 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 fees and expenses of the arbitrator shall be based solely upon the evidence borne equally by Association and arguments presented to him/her District. All other expenses shall be borne by the respective parties in party incurring the presence of each other, except to the 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 District to take action which results in a cost to the Districtexpenses. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. If any question(s) arises as to the arbitrability of the grievance, such question(s) shall be first decided bound 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, same rules as the arbitrator shall submit in writing to all parties his findings and recommendations which shall be final and bindingthe mediation/arbitration procedure above.

Level III. If the grievant is not satisfied with the decision disposition of his/her grievance at Level II, the grievant shall give notice to grievant, with the Federation within five (5) days written concurrence of the decision at Level II of his/her wish to submit the grievance to arbitration. The Federation shall notify the Superintendent or designee Union, may within ten (10) days workdays: A. Submit the grievance in writing to the Board for a hearing and final determination. Within fifteen (15) workdays after receipt of Level II decision by a request for a hearing the Board shall meet with the grievant if and his/her Union representative to hear the Federation wishes matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit the grievance to proceed 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 is can be reached on a mutually acceptable arbitrator within said ten (10) days a current list of seven (7) of available arbitrators workdays after the written request is made, the District and the Union shall be obtained by jointly request that the Federation from the California State Conciliation ServiceService supply a listing of names pursuant to its Rules. The selection Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall be made by alternatively striking names from such list until one name remainsbinding on the grievant, the Union and the District. The party who strikes the first name It shall be determined by lot. The fees and expenses the function of the arbitrator and to make an award, if necessary, which will resolve the hearing shall be borne equally by the District and the Federation. All other expenses shall be borne by the party incurring themgrievance. 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 determine the issues by referring be subject to the written grievance and the answers thereto at each stepfollowing limitations: 1. The arbitrator will shall have no power to add to, alter, subtract from from, disregard, change, or modify the any terms of this Agreement agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this agreement, as alleged by the written policies, rules, regulations and procedures of the Districtgrievant. 2. The 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 award 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 otherthe parties, except to the extent that and upon any post-hearing briefs are filed. Such post- hearing briefs, if any, shall be based solely upon of 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 District to take action which results in a cost to the Districtparties. 3. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree shall have no power to consolidate similar grievances. If change any question(s) arises practice, policy, or rule of the District or to substitute his/her judgment for that of the District as to the arbitrability reasonableness of the grievanceany such practice, such question(s) policy or rule. 4. The arbitrator shall be first decided not consider any issue/evidence raised by the arbitrator before consideration grievant unless it was known by the District in an earlier level of the merits of the grievance. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his findings and recommendations which shall be final and bindingthis grievance procedure.

Level III. If not satisfied with the decision at Level II, the grievant shall give notice CSEA may within five 14 (5) days, submit a request, in writing, to the Federation within Superintendent for advisory 15 arbitration of the dispute. CSEA and the District shall attempt to agree upon 16 an advisory arbitrator. If no agreement can be reached, they shall request the 17 State Conciliation Service to supply a panel of five (5) days names of the decision at Level II of his/her wish to submit the grievance to arbitrationpersons 18 experienced in hearing grievances in public schools. The Federation Each party shall notify the Superintendent or designee within ten (10) days after receipt of Level II decision by the grievant if the Federation wishes to proceed to arbitration. If no agreement is reached within said ten (10) days 19 alternately strike a current list of seven (7) of available arbitrators shall be obtained by the Federation from the California State Conciliation Service. The selection of the arbitrator shall be made by alternatively striking names from such list name until only one name remains. The party who strikes the first name 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 and the hearing 22 shall be borne equally by the District and the FederationCSEA. 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 determine the issues by referring to the written grievance and the answers thereto at each step. The arbitrator will have no power to add toadd, subtract from or modify the terms of this Agreement or the written policies, rules, 28 regulations and procedures of the District. The arbitrator lawful exercise by the Board and administration of its responsibilities under Article II of the Agreement, 30 “District Rights”, shall not have authority be subject 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 constructionthis procedure. 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 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 District to take action which results in a cost to the District. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. If any question(s) arises as to the arbitrability of the grievance, such question(s) shall be first decided by the arbitrator before consideration of the merits of the grievance. 1 After a hearing hearing, and after both parties have had an opportunity to make 2 written arguments, the arbitrator shall submit submit, in writing to all parties parties, his 3 findings and recommendations which shall be advisory to the parties. By 4 filing a grievance and utilizing the Advisory Arbitration Procedures of Level II, 5 CSEA expressly waives any right to other statutory remedies or to the 6 exercise of any legal process other than as provided by CSEA by the 7 grievance/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 grievance and that CSEA will not resort to any other form or procedure 11 for resolution of the issues. In the alternative, 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 Superintendent or his/her designee. Upon receipt of such 16 request the Governing Board shall review that decision. The 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 bindingunderstand that the 21 taking of such action by the Governing Board, as set forth herein and/or in 22 Level IV below, constitutes the exhaustion of this grievance procedure.

Level III. If the grievant is not satisfied with the decision disposition of his/her grievance at Level II, the grievant shall give notice to grievant, with the Federation within five (5) days written concurrence of the decision at Level II of his/her wish to submit the grievance to arbitration. The Federation shall notify the Superintendent or designee Union, may within ten (10) days workdays: A. Submit the grievance in writing to the Board for a hearing and final determination. Within fifteen (15) workdays after receipt of Level II decision by a request for a hearing the Board shall meet with the grievant if and his/her Union representative to hear the Federation wishes matter. The Board shall render a final decision in writing within ten (10) workdays of the hearing or; B. Submit the grievance to proceed 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 is can be reached on a mutually acceptable arbitrator within said ten (10) days a current list of seven (7) of available arbitrators workdays after the written request is made, the District and the Union shall be obtained by jointly request that the Federation from the California State Conciliation ServiceService supply a listing of names pursuant to its Rules. The selection Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall be made by alternatively striking names from such list until one name remainsbinding on the grievant, the Union and the District. The party who strikes the first name It shall be determined by lot. The fees and expenses the function of the arbitrator and to make an award, if necessary, which will resolve the hearing shall be borne equally by the District and the Federation. All other expenses shall be borne by the party incurring themgrievance. The arbitrator shall, as soon as possible, hear evidence and render a decision on shall be subject to the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the following limitations: 1) The arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. The arbitrator will have no power to add to, alter, subtract from from, disregard, change, or modify the any terms of this Agreement agreement, but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this agreement, as alleged by the written policies, rules, regulations and procedures of the District. grievant. 2) The 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 award 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 otherthe parties, except to the extent that and upon any post-hearing briefs are filed. Such post- hearing briefsof the parties. 3) The arbitrator shall have no power to change any practice, if anypolicy, shall be based solely upon the evidence presented by the respective parties in the presence or rule 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 District or to take action which results in a cost to substitute his/her judgment for that of the District. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. If any question(s) arises District as to the arbitrability reasonableness of the grievanceany such practice, such question(spolicy or rule. 4) The arbitrator shall be first decided not consider any issue/evidence raised by the arbitrator before consideration grievant unless it was known by the District in an earlier level of the merits of the grievance. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his findings and recommendations which shall be final and bindingthis grievance procedure.

Level III. If not satisfied with the decision at Level II, the grievant shall give notice to the Federation within five (5) days of the decision at Level II of his/her wish to submit the grievance to arbitration. The Federation Association shall notify the Superintendent or designee within ten fifteen (1015) days after receipt of Level II decision by the grievant if the Federation Association wishes to proceed to arbitration. If no agreement is reached within said As soon as possible, and in any event not later than ten (10) working days a current list after the District receives written notice of seven (7) of available arbitrators the Association's desire to arbitrate, the parties shall attempt to agree upon an arbitrator. If no agreement can be obtained by the Federation from reached, they shall request the California State Conciliation ServiceService to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. The selection of the arbitrator Each party shall be made by alternatively striking names from such list strike a name until only one name remains. The party who strikes remaining panel member shall be the first name arbitrator. The order of the striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Federationgrievant. 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 determine the issues by referring to the written grievance and the answers thereto at each step. The arbitrator will have no power to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations and procedures of the District. The 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 extent that post-hearing briefs are filed. Such post- 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 District to take action which results in a cost to the District. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. If any question(s) arises as to the arbitrability of the grievance, such question(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, the arbitrator shall submit in writing to all parties his findings and recommendations which shall be final and binding.

Level III. 4.4.3.1 If not satisfied with the decision at Level II, the grievant shall give notice may within ten (10) days submit a request in writing to the Federation Association for a hearing of the dispute before an arbitrator. If the Association so agrees, the Association will notify the District of its desire to arbitrate the issue. Such request must be made within five thirty (530) days of the decision at Level II II. Failure to meet the time limit shall constitute an automatic withdrawal of his/her wish to submit the grievance and the grievance shall be deemed resolved. 4.4.3.2 The Association and the District shall attempt to arbitration. The Federation shall notify the Superintendent or designee within ten (10) days after receipt of Level II decision by the grievant if the Federation wishes to proceed to arbitrationagree upon an arbitrator. If no agreement is reached within said ten (10) days can be reached, they shall alternately strike a current list of seven (7) of available arbitrators shall be obtained by the Federation name from the California State Conciliation Service. The selection of the arbitrator shall be made by alternatively striking names from such list panel below until only one name remains. The party who strikes remaining panel member shall be the first name Arbitrator. The order of striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Federation. All other expenses shall be borne by the party incurring them. panel members are: Xxxxxx Block Xxxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxxxx Xxx Xxxxxxx 4.4.3.3 The arbitrator Arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to him/herarbitration. If the parties cannot agree upon a submission agreement, the arbitrator Arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each steplevel. The arbitrator will have no power If either party raises an issue of arbitrability, such party raising the issue may request, by written notice to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations and procedures other party 48 hours in advance of the Districthearing, a separate hearing on the issue of arbitrability. The 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 Such decision may, upon agreement of the parties as determined by generally accepted rules parties, consist of contract constructiona decision without written opinion. 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 extent that post-No 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 District to take action which results in a cost to the District. The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. If any question(s) arises as to the arbitrability of the grievance, such question(s) shall be first decided by the arbitrator before consideration of on the merits of the grievance. 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 Arbitrator shall submit in writing to all parties his findings copies of the award. 4.4.3.5 The District and recommendations which 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 bindingbinding 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 grievant. All other expenses shall be borne by the parties incurring them. Unless the parties mutually agree to share the expenses, the cost of the services and expenses of the court reporter shall be paid by the party requesting same.