Common use of Level IV Clause in Contracts

Level IV. Arbitration 1) If the Association is not satisfied with the disposition of the grievance at Level III, or if the time limits expire without issuance of the Superintendent’s written reply, the Association within twenty (20) days may submit the grievance to arbitration. In such cases the parties shall attempt to mutually agree upon an arbitrator. Should the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitrator. 2) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator. 3) The arbitrator shall have no authority to add to, to subtract from, or modify the terms of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) . If the Association aggrieved is not satisfied with the disposition of the grievance at Level III, or if the time limits expire without the issuance of the Superintendent’s written reply, the Association within twenty (20grievant(s) days may submit the grievance to the Association which will determine whether the matter may go to Level IV. If the Association approves arbitration. In such cases , the parties shall attempt to mutually agree upon an arbitrator. Should the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for Service. If the purposes of striking District raises the list to determine the arbitrator. 2) If any question arises as to the arbitrability of the grievance, such the first arbitrator selected shall be charged with rendering a decision as to the question will of arbitrability. Such challenge may only be ruled upon made once by the arbitratorDistrict in the processing of an individual or consolidated grievance. Unless mutually agreed otherwise, the arbitrator who decided the issue of arbitrability will no longer sit as the arbitrator on the other issue(s) of the grievance. If a second arbitrator is necessary, procedures for selection shall be according to Sections 13.3.E.1 and 13.3.E.4 of this Agreement. 2. No party in interest shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party. The arbitrator shall consider only those issues raised by the parties in interest. 3) . The arbitrator is empowered to include in any recommendation, financial reimbursements or other remedies as judged to be proper. Each party shall have no authority to add to, to subtract from, or modify bear the terms full costs of this agreement, its representation in the arbitration. That cost of the arbitration shall be divided equally between the District and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) Association. If any either party requests a transcript transcription of the proceedings, that party shall bear the full costs for that the transcript. If the parties mutually request one a transcript, the total cost of the transcript transcripts shall be divided equally between the District and the Association. 5) 4. An arbitrator shall be selected by the following procedure: A representative of the Association and the District’s representative shall select the arbitrator form from the California State Conciliation Service list by eliminating the names until one (1) name remains. The first option of elimination shall alternate. The one one (1) remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list. All grievances reaching the arbitration level shall be numbered consecutively during the current school year. The odd-numbered grievances will give the District first elimination; even-numbered grievances will give the Association first elimination. The order of striking will be reversed if an arbitration requires a second list by both partiesof arbitrators. 6) 5. Once the arbitrator has been selected, hearings hearing shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing hearings in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) . The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions jurisdiction of the issues submittedarbitrator shall be confined to determination of the facts and the interpretation of the provisions of this Agreement. The arbitrator shall will have no authority power to add to, delete subtract from, or otherwise modify the terms of this agreementAgreement or the written policies, rules, regulations, and procedures of the District. 6. To Within thirty (30) days after conclusion of the extent permitted by the EERA and/or the Education Codehearings, the award of arbitrator shall render a decision, in writing, to the arbitrator parties in interest. Such decision will be final and binding. A copy binding upon the parties of the award will be submitted to the Superintendent, the aggrieved and the Associationthis Agreement. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) If the Association grievant is not satisfied with the disposition results of the grievance at Level III, or if the time limits expire without issuance of the Superintendent’s written replyCSEA may, the Association within twenty (20) days may submit of the issuance of the superintendent’s decision, request in writing that the grievance be submitted to advisory arbitration. In such cases the parties shall attempt to mutually agree upon an arbitrator. Should the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitrator. 2) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitratorarbitrator only after he/she has had an opportunity to hear the merits of the grievance. 3(1) The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdiction limitations upon the arbitration in this Agreement. (2) The parties shall select a mutually agreeable arbitrator who must be willing to hold the arbitration hearing in the District. Should they be unable to agree on an arbitrator within five (5) working days of the Association’s submission of the grievance to arbitration, an arbitrator shall have no authority to add tobe selected from a list of seven (7) arbitrators provided by the American Arbitration Association, to subtract from, or modify the terms by alternate striking of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The party who strikes the first option of elimination shall alternate. The one remaining name shall be determined by the arbitrator. The process of Association striking names shall occur within ten (10) days of receipt of first on all even-numbered grievances and the list by both partiesDistrict striking first on all odd-numbered grievances. 6(3) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s his/her findings of fact, reasoning and conclusions of on the issues submitted. The arbitrator shall have no will be without power or authority to add tomake any decision which requires the commission of an act prohibited by law, delete fromwhich is violative of the terms of this Agreement, or otherwise modify this agreementto change any of the Agreement. To However, it is agreed that the extent permitted by arbitrator is empowered to include in any award such financial reimbursement or remedy as is requested in the EERA and/or the Education Code, the award party’s submission statement. (4) The decision of the arbitrator will be submitted to the Board of Education and the Association. The decision shall be considered adopted by the Board of Education and binding on the parties, if neither the superintendent, or designee, or the Association file a request for review with the Board of Education within ten (10) days of the issuance of the advisory decision. The Board of Education shall review the advisory decision at its next reasonably-available scheduled meeting, if a timely request for review is filed. The Board of Education may, at its discretion, request oral arguments from both parties in the presence of one another at the Board meeting in which the advisory decision will be reviewed. The Board of Education shall render a decision based upon the arbitration record within ten (10) days of the above Board meeting. If the Board of Education does not render such a decision with the time limit, it shall be deemed to have adopted the recommended decision of the arbitrator. A copy of any decision issued by the Board of Education shall be mailed to the Association. The decision of the Board of Education shall be final and binding. A copy Nothing stated herein shall preclude the Association from appealing the decision to a court of competent jurisdiction. (5) The costs for services of the award will arbitrator, including per diem expenses, travel, and sustenance expenses, if any, shall be submitted shared equally by the District and Association. The District shall provide a hearing room in the District at no expense to the Superintendent, the aggrieved and the Association. 9) either party. All costs for the services of the arbitrator, including, arbitrator including but not limited to, to per diem expenses travel, and sustenance expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will shall be borne equally by the district District and CSEA. Otherwise, each party shall assume the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement expense of the District and the Association, the arbitration may proceed under expedited rules presentation of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitratorsits own case.

Level IV. Arbitration 1) If the Association aggrieved is not satisfied with the disposition of the grievance at Level III, or if the time limits expire without issuance of the Superintendent’s written reply, the Association Association, within twenty ten (2010) days may submit the grievance to final and binding arbitration. In such cases cases, the parties shall attempt to mutually agree upon an arbitrator. Should the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitratorService. 2) 15.3.4.1 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator. 3) 15.3.4.2 The arbitrator shall have no authority to add to, to subtract from, from or modify the terms of this agreementAgreement, and the arbitrator shall interpret this agreement Agreement in accordance with accepted arbitral standards of contract contractual interpretation. 4) 15.3.4.3 If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Associationaggrieved. 5) 15.3.4.4 A representative of the Association and the District’s representative shall select the arbitrator form from the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) 15.3.4.5 Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days days, unless mutually agreed otherwise. 7) 15.3.4.6 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) . The arbitrator’s award shall be final and binding on both parties. 15.3.4.7 The arbitrator's decision will be in writing and will set forth the arbitrator’s 's findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no will be without power or authority to add to, delete from, make any decision which requires the commission of an act prohibited by law or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award which is violative of the arbitrator will be final and bindingterms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association. 9) 15.3.4.8 All costs for the services of the arbitrator, including, including but not limited to, per diem expenses, the arbitrator’s 's travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district District and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) If the Association grievant is not satisfied with the disposition of the grievance at Level level III, or if the time limits expire without issuance of grievant may, within ten (10) days after the Superintendent’s written replymediation conference closes, request in writing that the Association within twenty (20) days may submit the grievance to binding arbitration. A copy of such request shall be simultaneously served upon the Superintendent. Within thirty (30) calendar days after receipt of such request from the grievant, the Association, by written notice to the Superintendent, may elect to submit the grievance to binding arbitration. In such cases the event the parties shall attempt are unable mutually to mutually agree upon an arbitrator. Should the , they shall request that a panel of seven (7) names be submitted to both parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from by the California State Conciliation Service for Service. Within ten (10) days of receiving the purposes of striking list, the Association shall either meet with the District’s representative or telephone the District’s representative to select an arbitrator. The parties shall alternately delete from the list to determine until one (1) name remains, and said last named shall be selected as the arbitrator. 2. Within fifteen (15) If any question arises as days of selecting the arbitrator, the Association shall submit to the arbitrability District a list of five (5) alternate hearing dates, which shall be forwarded to the grievancearbitrator. The arbitrator's decision shall be final and binding upon the parties hereto, such question will and shall be ruled upon in writing and shall set forth his/her findings of fact, his/her reasoning, conclusions, and remedy. The arbitrator's authority shall be limited to deciding the issues submitted by the arbitrator. 3) The parties; and the arbitrator shall have no power or authority to add to, to subtract from, alter, delete, amend, or modify the terms of this agreementAgreement or the written policies, rules, regulations, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript procedures of the proceedingsDistrict. In the event the issue of arbitrability is raised, that party it shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendentarbitrator, prior to a consideration, if any, of the aggrieved merits. The arbitrator's decision shall be submitted to the District and the Association. 9) CSEA for review and implementation. All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, expenses and the cost of any hearing room will be borne equally by the district District and the aggrievedAssociation. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.