Common use of Level IV - Board of Review Clause in Contracts

Level IV - Board of Review. By mutual consent, the Union and District may agree to utilize mediation prior to appealing to Level IV. Mediators shall be limited to those individuals obtained from a list from the State Mediation and Conciliation Service at no charge to either party. The Union, on behalf of the employee, may appeal the decision at Level III within five (5) working days after receipt of the written decision of the Chancellor (or designee) to a Board of Review. a) The appeal shall be filed in the office of the Chancellor and shall include all pertinent written materials. b) The Board of Review shall consist of three (3) members. Those eligible to serve as chairperson of the Board of Review shall be limited to those obtained from a list from the State Mediation and Conciliation Service. c) Within five (5) working days of receipt of the appeal, each party shall select a member of the Board of Review and shall notify the Director of Human Resources. d) The Director of Human Resources shall immediately notify those selected to serve on the Board of Review and arrange the time, date, and place for the first meeting and appropriate secretarial services and shall serve as temporary chairperson until the board selects a chairperson. e) The first order of business for the Board of Review shall be to select a chairperson by mutual agreement. If agreement cannot be reached, the chairperson shall be selected by the alternate striking of names from a five-person list prepared by the California State Mediation and Conciliation Service. f) The Board of Review shall conduct a hearing with the parties to the grievance within thirty (30) working days. The parties to the grievance will be allowed to attend all hearings at which information is given to the Board of Review. Sessions of the Board of Review shall be private with attendance limited to the members of the Board of Review, the parties to the grievance, their representatives, if any, and witnesses called by the Board of Review. During the pendency of a proceeding before the Board of Review, no disclosure of the proceedings shall be made public without concurrence of the chairperson and the parties to the grievance. The Board of Review shall issue its decision not later than twenty (20) working days from the date of the close of the hearings. Its decision shall be in writing, shall include findings of fact, reasoning and conclusions on issues submitted, and shall be transmitted promptly to all parties in interest and the Board of Trustees. g) The Board of Review shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. They shall consider and decide only the specific issue submitted to them in writing by the Board's representative and the aggrieved and shall have no authority to make recommendation on any other issue not so submitted to them. The Board of Review shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way to applicable laws and rules and regulations having the force and effect of law. h) The decision of the Board of Review shall supersede all previous decisions and shall become binding on all parties unless appealed by the aggrieved or the Chancellor. i) The cost of the services of the chairperson of the Board of Review including per diem expenses, if any, travel and subsistence expenses, the cost of recording the hearings, the cost of any hearing room, and any costs ordered by the chairperson will be shared by the parties. All other costs will be borne by the party incurring them.