Common use of Level III Clause in Contracts

Level III. If not satisfied with the decision at Level II, the grievant may, within ten (10) 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 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 facilitator. As an alternative, the employee may elect to go to Level 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 can be reached, they shall request the California State Mediation and Conciliation Service (CSMCS) to supply a panel of five (5) 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 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 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 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 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 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 mediator 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 Superintendent. The mediator shall be limited to a maximum award of $1,000 on any single or 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 Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issue. 11.6.5 After a hearing, and after both parties have had an opportunity to make written arguments, the mediator shall submit in writing to all parties his findings and recommendations which shall be advisory to the parties.

Level III. If not satisfied with the decision at Level II, the grievant may, 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, submit 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 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 current list of seven (7) of available arbitrators shall be selected obtained by the Federation from the California State Mediation and Conciliation Service (CSMCS)Service. The role selection of 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 arbitrator shall be no written opinion regarding the outcome made 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 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 can be reached, they shall request the California State Mediation and Conciliation Service (CSMCS) to supply a panel of five (5) alternatively striking names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name from such list until only one name remains. The remaining panel member shall be party who strikes the mediator who will render an advisory decision. The order of the striking first name shall be determined by lot. 11.6.2 . The fees and expenses of the mediator arbitrator and the hearing shall be borne equally by the Superintendent if the grievance is sustained District and the Union 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 partyFederation. All other expenses shall be borne by the party incurring them. 11.6.3 . The mediator 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 mediator arbitrator 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 mediator arbitrator 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 SuperintendentDistrict. The mediator 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 limited 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 maximum award total of $1,000 on 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 single or group question(s) arises as to the arbitrability of grievances involving the same issue(s)grievance, such question(s) shall be first decided by the arbitrator before consideration of the merits of the grievance. Notwithstanding the above maximum award limitation of $1,000, the County Superintendent of Schools, or if the matter is reviewed by a Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issue. 11.6.5 After a hearing, hearing and after both parties have had an opportunity to make written arguments, the mediator arbitrator shall submit in writing to all parties his findings and recommendations which shall be advisory to the partiesfinal and binding.

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 may, within ten (10) daysdays of receipt of the decision or the exhaustion of the time limits, request the Association submit a request in writing on the appropriate form grievance to the County Superintendent or designee for a facilitatormediation/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 Superintendentarbitration. The individual facilitatorAssociation, if it elects to pursue the grievance, shall submit the grievance to mediation/arbitration within fifteen (15) 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 mediator shall be selected from the California State Mediation and Conciliation Service (CSMCS)Service. The role mediator shall first attempt to resolve the grievance through mediation. If, in the judgment of 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 mediator, mediation 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 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 can be reached, they shall request the California State Mediation and Conciliation Service (CSMCS) to supply a panel of five (5) 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 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 sustained and the Union if the grievance is denied. In the event the grievance is sustained in part and denied in partbring about resolution, the mediator shall determine become the appropriate share of fees arbitrator and expenses to be assessed each party. All other expenses shall render a decision, which shall be borne by the party incurring them. 11.6.3 The mediator shallreduced to writing and which shall be final 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/herthe Board of Education for its determination. If the parties cannot agree upon a submission agreement, the 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 mediator 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 procedures of the SuperintendentDistrict 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 mediator fees and expenses of the arbitrator shall be limited to a maximum award of $1,000 on any single or group of grievances involving borne equally by Association and District. All other expenses shall be borne by the party incurring the expenses. The arbitrator shall be bound by the same issue(s). Notwithstanding rules as the above maximum award limitation of $1,000, arbitrator in the County Superintendent of Schools, or if the matter is reviewed by a Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issuemediation/arbitration procedure above. 11.6.5 After a hearing, and after both parties have had an opportunity to make written arguments, the mediator shall submit in writing to all parties his findings and recommendations which shall be advisory to the parties.

Level III. If the grievant is not satisfied with the decision disposition of his/her grievance at Level II, the grievant maygrievant, with the written concurrence of the Union, may within ten (10) days, submit 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 on within ten (10) workdays of the appropriate form hearing or; B. Submit the grievance to the County Superintendent or designee for a facilitator/mediatorneutral arbitrator. At this level Such request must be in writing and be accompanied by 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 written statement from the California State Mediation and Conciliation Service (CSMCS). The role of Union agreeing to take the facilitator is grievance 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 facilitator. As an alternative, the employee may elect to go to Level 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 awardarbitration. If no agreement can be reachedreached on a mutually acceptable arbitrator within ten (10) workdays after the written request is made, they the District and the Union shall jointly request that the California State Mediation and Conciliation Service (CSMCS) to supply a panel listing of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remainspursuant to its Rules. The remaining panel member 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 mediator who function of the arbitrator to make an award, if necessary, which will render an advisory decisionresolve the grievance. The order of the striking arbitrator 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 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 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 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 mediator shall determine the issues by referring subject to the written grievance and the answers thereto at each stepfollowing limitations: 1. All mediation issues The arbitrator shall be ruled upon prior to hearing on the merits. 11.6.4 The mediator 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, regulationsgrievant. 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 procedures upon any post-hearing briefs of the Superintendent. The mediator shall be limited to a maximum award of $1,000 on any single or 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 Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issue. 11.6.5 After a hearing, and after both parties have had an opportunity to make written arguments, the mediator shall submit in writing to all parties his findings and recommendations which shall be advisory to 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 not satisfied with The Association shall notify the Superintendent or designee within fifteen (15) days after receipt of Level II decision at Level II, by the grievant mayif the Association wishes to proceed to arbitration. As soon as possible, within and in any event not later than ten (10) days, submit a request in writing on working days after 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 District receives written notice of the facilitator is Association's desire 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 facilitator. As an alternativearbitrate, the employee may elect to go to Level 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 parties shall attempt to agree upon a mediator who will render an advisory awardarbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service (CSMCS) to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately alternatively strike a name until only one name remains. The remaining panel member shall be the mediator who will render an advisory decisionarbitrator. The order of the striking shall be determined by lot. 11.6.2 . The fees and expenses of the mediator arbitrator and the hearing shall be borne equally by the Superintendent if the grievance is sustained District and the Union 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 partygrievant. All other expenses shall be borne by the party incurring them. 11.6.3 . The mediator 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 mediator arbitrator 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 mediator arbitrator 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 SuperintendentDistrict. The mediator 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 limited 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 arbitrator may hear and determine only one grievance at a maximum award time unless both parties mutually agree to consolidate similar grievances. If any question(s) arises as to the arbitrability of $1,000 on any single or group the grievance, such question(s) shall be first decided by the arbitrator before consideration of grievances involving the same issue(s)merits of the grievance. Notwithstanding the above maximum award limitation of $1,000, the County Superintendent of Schools, or if the matter is reviewed by a Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issue. 11.6.5 After a hearing, hearing and after both parties have had an opportunity to make written arguments, the mediator arbitrator shall submit in writing to all parties his findings and recommendations which shall be advisory to the partiesfinal and binding.

Level III. 4.4.3.1 If not satisfied with the decision at Level II, the grievant may, may within ten (10) days, days submit a request in writing on the appropriate form to the County Superintendent or designee Association for a facilitator/mediatorhearing of the dispute before an arbitrator. At this level a facilitator/mediator If the Association so agrees, the Association will notify the District of its desire to arbitrate the issue. Such request must be utilized made within thirty (30) days of the decision at Level II. Failure to assist in meet the communication between time limit shall constitute an automatic withdrawal of the unit member filing a grievance and the County Superintendent. The individual facilitator/mediator grievance shall be selected from the California State Mediation and Conciliation Service (CSMCS). The role of 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 facilitator. As an alternative, the employee may elect to go to Level 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 framedeemed resolved. 11.6.1 4.4.3.2 The Union Association and the Superintendent District shall attempt to agree upon a mediator who will render an advisory awardarbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service (CSMCS) to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name from the panel below until only one name remains. The remaining panel member shall be the mediator who will render an advisory decisionArbitrator. The order of the striking shall be determined by lot.. The panel members are: Xxxxxx Block Xxxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxxxx Xxx Xxxxxxx 11.6.2 4.4.3.3 The fees and expenses of the mediator shall be borne by the Superintendent if the grievance is 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 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 mediator 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 mediator Arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each steplevel. All mediation issues shall be ruled upon prior 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 meritsissue 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. 11.6.4 The mediator 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 Superintendent. The mediator shall be limited to a maximum award of $1,000 on any single or 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 Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issue. 11.6.5 4.4.3.4 After a hearing, hearing and after both parties have had an opportunity to make written arguments, the mediator 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 advisory 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 partiesdispute, 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.

Level III. If not satisfied with the decision at Level II, the grievant may, CSEA may within ten five 14 (105) days, submit a request request, in writing on the appropriate form writing, to the County Superintendent or designee for a facilitator/mediatoradvisory 15 arbitration of the dispute. At this level a facilitator/mediator will be utilized to assist in the communication between the unit member filing a grievance CSEA and the County Superintendent. The individual facilitator/mediator shall be selected from the California State Mediation and Conciliation Service (CSMCS). The role of 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 facilitator. As an alternative, the employee may elect to go to Level 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 District shall attempt to agree upon a mediator who will render 16 an advisory awardarbitrator. If no agreement can be reached, they shall request the California 17 State Mediation and Conciliation Service (CSMCS) to supply a 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 mediator who will render an advisory decisionarbitrator. The order of the striking shall be 21 determined by lot. 11.6.2 . The fees and expenses of the mediator arbitrator and the hearing 22 shall be borne equally by the Superintendent if the grievance is sustained District and the Union 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 partyCSEA. All other expenses shall be borne by the party incurring them. 11.6.3 . The mediator 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 mediator arbitrator 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 mediator arbitrator will have no power to add toadd, subtract from or modify the terms of this Agreement or the written policies, rules, regulations, 28 regulations and procedures of the SuperintendentDistrict. The mediator lawful exercise by the Board and administration of its responsibilities under Article II of the Agreement, 30 “District Rights”, shall not be limited subject to a maximum award of $1,000 on any single or group of grievances involving the same issue(s)this procedure. Notwithstanding the above maximum award limitation of $1,000, the County Superintendent of Schools, or if the matter is reviewed by a Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issue. 11.6.5 1 After a hearing, and after both parties have had an opportunity to make 2 written arguments, the mediator 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 understand 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 maygrievant, with the written concurrence of the Union, may within ten (10) days, submit 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 on within ten (10) workdays of the appropriate form hearing or; B. Submit the grievance to the County Superintendent or designee for a facilitator/mediatorneutral arbitrator. At this level Such request must be in writing and be accompanied by 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 written statement from the California State Mediation and Conciliation Service (CSMCS). The role of Union agreeing to take the facilitator is grievance 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 facilitator. As an alternative, the employee may elect to go to Level 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 awardarbitration. If no agreement can be reachedreached on a mutually acceptable arbitrator within ten (10) workdays after the written request is made, they the District and the Union shall jointly request that the California State Mediation and Conciliation Service (CSMCS) to supply a panel listing of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remainspursuant to its Rules. The remaining panel member 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 mediator who function of the arbitrator to make an award, if necessary, which will render an advisory decisionresolve the grievance. The order of the striking arbitrator 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 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 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 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 mediator shall determine the issues by referring subject to the written grievance and the answers thereto at each step. All mediation issues following limitations: 1) The arbitrator shall be ruled upon prior to hearing on the merits. 11.6.4 The mediator 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, regulationsgrievant. 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 procedures upon any post-hearing briefs of the Superintendent. The mediator shall be limited to a maximum award of $1,000 on any single or 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 Superior Court of appropriate jurisdiction, either the Superior Court or the County Superintendent of Schools may award in excess of $1,000, on any single or group grievances involving such an issue. 11.6.5 After a hearing, and after both parties have had an opportunity to make written arguments, the mediator shall submit in writing to all parties his findings and recommendations which shall be advisory to 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.