Common use of Level Three Clause in Contracts

Level Three. 5.3.4.1 If the aggrieved party or parties in interest are not satisfied with the decision or disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after the Superintendent or his/her designee has heard the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to Level Three. This having been done, the grievance will be submitted to arbitration. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitrator. 5.3.4.4 If the parties are unable to agree upon an arbitrator at such meeting, the arbitrator shall be selected as follows: Immediately after demand for or submittal to arbitration, the American Arbitration Association shall submit simultaneously to each party an identical list of the names of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall set forth his/her findings of fact, reasoning, conclusions, and recommendations on the issues submitted. The arbitrator's recommendations shall be consistent with law and with the terms of this Agreement. His/her report shall be advisory only, and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of the parties. 5.3.4.10 The costs for the services of the arbitrator shall be shared equally by the Board and the Association.

Level Three. 5.3.4.1 If the aggrieved party or parties in interest are grievant is not satisfied with the decision or disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) school work days after receipt of the Superintendent or his/her designee has heard the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they Superintendent’s response (Appendix K-5) may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three. This having been doneThree grievance, the grievance will grievant shall be submitted to arbitrationrepresented by GTA. 5.3.4.3 Within five (5) school days 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating 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 10 work day of the Administration's receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such letterquestion will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the Superintendent, and/or his/her designeeterms of this Agreement, and the President arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitratorcontract interpretation. 5.3.4.4 If the parties are unable to agree upon an arbitrator at such meeting, the arbitrator shall be selected as follows: Immediately after demand for or submittal to arbitration, the American Arbitration Association shall submit simultaneously to each party an identical list of the names of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein 8.2.4.4 The arbitrator’s decision will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall will set forth his/her the arbitrator’s findings of fact, reasoning, conclusions, reasoning and recommendations on conclusions of the issues submitted. The arbitrator's recommendations shall be consistent with law and with arbitrator will without power or authority to make any decision that violates the terms of this Agreement. His/her report shall A copy of the award will be advisory onlysubmitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of upon the parties. 5.3.4.10 8.2.4.5 The District and GTA will bear equally the 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 the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, 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. 8.2.4.10 The arbitrator shall be shared equally by provided all available documents relating to the Board grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the Associationright to be present at such hearings.

Level Three. 5.3.4.1 9.5.3.1 If the aggrieved party or parties in interest are grievant is not satisfied with the decision or disposition of the his/her grievance at Level Two, or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent or hisSuperintendent, he/her designee has heard she may (within five school days after a decision by the grievance on Level TwoSuperintendent, or if no agreement is reached using pre-arbitration mediation, they may submit within five fifteen (515) school days a after he/she had first met with the Superintendent, whichever is sooner) request in writing to TRAC the Association that the Association submit his/her grievance to arbitration. If the Association determines that the grievance be submitted involves the interpretation, meaning or application of any of the provisions of this Agreement, it may, by written notice to arbitration. 5.3.4.2 Within twenty the Superintendent within fifteen (2015) school days after receipt of the aggrieved party or parties in interest have requested to TRAC that request from the grievant, submit the grievance to arbitration. The district may challenge such determination and, in the event it does, the arbitrator shall resolve this issue. If any question arises as to the arbitrability, such question will first be submitted ruled upon by the arbitrator selected to hear the dispute. 9.5.3.2 Within ten (10) school days after such written notice of submission to arbitration, the Superintendent and the Association will notify the Superintendent by letter of any Association decision to continue the grievance to Level Three. This having been done, the grievance will be submitted to arbitration. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitrator. 5.3.4.4 a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator at or to obtain such meetingcommitment, the arbitrator shall be selected as follows: Immediately after demand for or submittal to arbitration, Board and Association will jointly request the American Arbitration Association shall submit simultaneously to each party an identical for a list of arbitrators within this ten (10) day period. The parties will follow the names rules and procedures of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a . 9.5.3.3 Neither party does shall be permitted to assert in the arbitration proceedings any evidence which was not return submitted to the list within other party before the time specified, all persons named therein completion of Level Two meetings. 9.5.3.4 The arbitrator selected will be deemed acceptable. If confer with the parties fail to agree upon any representatives of the persons namedSuperintendent and the Association, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to and hold hearings promptly and make procedural rules. Heshall issue his/she will issue a report within a reasonable time after her decision not later than twenty (20) days from the date of the close of the hearinghearings, or, if oral hearings have been waived, then from the date the final statements and evidence proofs are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator . The arbitrator's decision shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall set forth his/her findings of fact, reasoning, conclusions, reasonings and recommendations conclusions on the issues submitted. The arbitrator's recommendations arbitrator shall be consistent with without power or authority to make any decision which requires the commission of an act prohibited by law and with or which is in violation of the terms of this Agreement. His/her report The decision of the arbitrator shall be advisory only, submitted to the Board and binding neither on the District nor on the Association. 5.3.4.8 . Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will Board and the Association shall meet to discuss the report, and, if necessary, implementation of the reportreport before a public release is made. No public releases may be made until after such meeting. 5.3.4.9 The Board and the Association shall take official action on the report of the arbitrator not later than the at their next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of the partiesmeetings. 5.3.4.10 9.5.3.5 The costs for the services of the arbitrator arbitrator, including per diem expenses, if any, plus actual and necessary travel and subsistence expenses, and facility expenses shall be shared equally by the Board parties, unless the arbitrator determines either party's position is frivolous or lacks any substantial justification, in which case the arbitrator may charge all costs and the Associationexpenses against that party.

Level Three. 5.3.4.1 a. If the aggrieved party or parties in interest are person is not satisfied with the decision or disposition of the his/her grievance at Level Two, or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent Superintendent, whichever is sooner, file the grievance in writing with the President of the Association or his/her designee has heard with a copy to the Superintendent of Schools requesting the Association to submit his/her grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they may submit within five (5) school days a request in writing to TRAC arbitration. If the Association determines that the grievance be submitted is meritorious and that submitting it to arbitration. 5.3.4.2 Within twenty arbitration is in the best interests of the school system, it may submit the grievance to arbitration within ten (2010) school days after receipt of a request by the aggrieved party or parties in interest have requested person by notifying the Superintendent to TRAC that the grievance be submitted effect. b. Within ten (10) school days after such written notice of submission to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to Level Three. This having been done, the grievance will be submitted to arbitration. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, Board and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to Association may agree upon an a mutually acceptable arbitrator. 5.3.4.4 . If the parties they are unable to agree upon on an arbitrator at within such meetingtime, the arbitrator shall be selected as follows: Immediately after demand for or submittal to arbitration, then either party may request the American Arbitration Association shall submit simultaneously to each party an identical list designate a panel of arbitrators experienced in public employment relations with reference to schools from which in accordance with the names rules then obtaining of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional listswill be selected or designated. 5.3.4.5 c. The arbitrator so selected will have authority to hold closed hearings promptly in the City of White Plains and make procedural rules. He/she will issue a report within a reasonable time after written award not later than thirty (30) days from the date of the close of the hearing, hearings or, if oral hearings have been waived, then from the date the final statements and evidence proofs are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall set forth his/her findings of fact, reasoning, conclusions, and recommendations on the issues submitted. The arbitrator's recommendations shall arbitrator will be consistent with without power or authority to make any decision which requires the commission of an act prohibited by law and with or which is violative of the terms of this Agreement; nor shall he/she have power to add to, subtract from, change or modify any provision of this Agreement. HisHe/her report she shall be authorized only to interpret the existing provisions of this Agreement and apply them to the specific facts of the grievance. The decision of the arbitrator with respect to all grievances will be advisory only, and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of the parties. 5.3.4.10 d. The costs for the services of the arbitrator shall will be shared borne equally by the Board School District and the Association.

Level Three. 5.3.4.1 If the aggrieved party or parties in interest are grievant is not satisfied with the decision or disposition suggestion for the resolution of the grievance at received in Level Two, or if no decision has been rendered within ten (10) school days after the Superintendent or his/her designee has heard the grievance on Level Twohe may, or if no agreement is reached using pre-arbitration mediation, they may submit within five (5) school days after receipt of the written response of the Superintendent, proceed as follows: (a) When the grievance as defined in Paragraph C. above is not resolved at Level Two, the grievant may, with the consent of the Association, submit a written request in writing to TRAC the Board of Education and to the Association that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after . The arbitrator shall have only the aggrieved party authority to decide a matter involving a grievance as defined in Paragraph C. hereof. The arbitrator shall not have jurisdiction or parties authority to add to, subtract from, or alter in interest have requested to TRAC any way the provisions of any agreement negotiated between the Board and the Association, and shall be specifically prohibited from making any decision which is inconsistent with the terms of the Negotiated Agreement between North Canton Education Association and Board of Education of North Canton City School District. The arbitrator, in reaching a decision, must find that the grievance expressly arises out of a specific provision of the Negotiated Agreement between North Canton Education Association and Board of Education of North Canton City School District. The arbitration hearing shall be submitted to arbitration, held within sixty (60) days of the Association will notify the Superintendent by letter of any Association decision to continue Association’s notification that it is moving the grievance to Level Threearbitration. This having been doneIf a question of arbitrability exists, the grievance will be submitted arbitrator must hold a hearing and rule on the issue of arbitrability prior to arbitrationany hearing on the merits. 5.3.4.3 Within five (5b) school days Xxxxxx Xxxxx shall be the permanent arbitrator for the parties. If he is unwilling or unable to serve, the arbitrator shall be appointed by mutual consent of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitratorsparties. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitrator. 5.3.4.4 If the parties are unable to agree upon an arbitrator at such meetingagree, the arbitrator selection shall be selected as follows: Immediately after demand for or submittal to arbitration, made from a list of seven names prepared and submitted by the American Arbitration Association in accordance with its Voluntary Rules in effect on the date hereof. (c) The arbitrator shall submit simultaneously to each party an identical list hold the necessary hearings and shall issue his decision in writing within thirty (30) days of the names conclusion of five (5) persons skilled in arbitration such hearings. The decision of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions final and no news releases shall be made concerning progress binding upon both parties. Copies of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District findings of fact and the Association only, and shall set forth his/her findings of fact, reasoning, conclusions, and recommendations on the issues submitted. The arbitrator's recommendations shall be consistent with law delivered to the grievant and with the terms of this Agreement. His/her report shall be advisory onlySuperintendent, as provided in and binding neither on the District nor on the Associationpursuant to paragraph D.15 above. 5.3.4.8 Within five (5d) school days after receiving Each party shall bear the report full costs of its representation in the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the reportarbitration. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of the parties. 5.3.4.10 The costs for the services of the arbitrator shall be shared equally by the Board and the Association.

Level Three. 5.3.4.1 If the aggrieved party or parties in interest are grievant is not satisfied with the decision or disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) school work days after receipt of the Superintendent or his/her designee has heard the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they Superintendent’s response (Appendix K-5) may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three. This having been doneThree grievance, the grievance will grievant shall be submitted to arbitrationrepresented by GTA. 5.3.4.3 Within five (5) school days 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating 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 10 work day of the Administration's receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such letterquestion will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the Superintendent, and/or his/her designeeterms of this Agreement, and the President arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitratorcontract interpretation. 5.3.4.4 If the parties are unable to agree upon an arbitrator at such meeting, the arbitrator shall be selected as follows: Immediately after demand for or submittal to arbitration, the American Arbitration Association shall submit simultaneously to each party an identical list of the names of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein 8.2.4.4 The arbitrator’s decision will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall will set forth his/her the arbitrator’s findings of fact, reasoning, conclusions, reasoning and recommendations on conclusions of the issues submitted. The arbitrator's recommendations shall be consistent with law and with arbitrator will without power or authority to make any decision that violates the terms of this Agreement. His/her report shall A copy of the award will be advisory onlysubmitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of upon the parties. 5.3.4.10 8.2.4.5 The District and GTA will bear equally the 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 the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, 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. 8.2.4.10 The arbitrator shall be shared equally by provided all available documents relating to the Board grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the Association.right to be present at such hearings.‌

Level Three. 5.3.4.1 If Arbitration 1. The grievant must complete and submit the aggrieved party arbitration appeal section of the district grievance form to the Superintendent/designee within fifteen (15) days from the receipt of the disposition at Level Two or parties in interest are not satisfied lack thereof. 2. The grievant must also file a request for arbitration with the decision or disposition American Arbitration Association (AAA) within fifteen (15) days after submitting the appeal to the Superintendent/designee as provided in paragraph above, and send a copy to the superintendent and to the Association if the Association is processing the grievance for the grievant. 3. An arbitrator will be selected according to the procedures of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after the Superintendent or his/her designee has heard the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitrationselected agency. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to Level Three4. This having been done, the grievance will be submitted to arbitration. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitrator. 5.3.4.4 If the parties are unable to agree upon an arbitrator at such meeting, The costs for the arbitrator shall be selected as follows: Immediately after demand for borne equally by the Board and the Association if representing the grievant or submittal to arbitration, by the American Arbitration Association shall submit simultaneously to each party an identical list of grievant if not represented by the names of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return withdraws from arbitration, the list within costs associated with the arbitrator shall, at the option of the remaining party, be borne by the party withdrawing unless both parties agree to mutually to withdraw, at which time specifiedcosts shall be shared equally. 5. Either party shall be entitled to request a transcript of the proceeding at the requesting party’s expense. The other party may purchase a copy of said transcript if it chooses to do so. If both parties purchase transcripts, all persons named therein the cost will be deemed acceptableshared equally. If the parties fail to agree upon any arbitrator requests a copy, such copy shall be forwarded, and the cost shall be borne equally by the parties. If the Board first obtains a copy of the persons named, or if those named decline or are unable transcript and the grievant then obtains a copy pursuant to act, or if, for any other reasons, an appointment cannot be made from such lists of namesthe Public Records Act, the American Arbitration Association grievant shall appoint an arbitrator from its other members without submitting additional listsreimburse the Board for one-half of the Board’s cost for obtaining the transcript. The parties may agree not to have the testimony recorded if such agreement is made in advance of any arbitration hearing. 5.3.4.5 6. No party shall present new evidence after Level Two without apprising the other party of such material at least two (2) days before the new evidence is submitted. If either offers new evidence, the other party may reconsider its position stated at Level Two. 7. The Arbitrator shall hold a hearing with the parties within fifteen (15) days after the arbitrator will have authority has been chosen or as soon thereafter as the arbitrator can be available to: • Establish reasonable rules of conduct for the hearing • Inform the parties of said rules and procedures and conduct the meeting • Allow any party to hold hearings submit post-hearing briefs on request, and make procedural rules. He/she will issue a report within determine a reasonable time for submitting such briefs • Provide the parties with a written decision within fifteen (15) days after the date of the close of the hearing, orhearing or after the receipt of post-hearing briefs, if oral hearings have been waivedany, then from or as soon thereafter as the date schedule of arbitrator permits • With permission of the final statements arbitrator, the above times may be extended 8. By mutual agreement the parties may submit documentary evidence and evidence are submitted argument to him/herthe arbitrator and request that a decision be made without hearing. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 9. The arbitrator's report ’s decision shall be submitted in writing to the District and the Association only, and shall set forth his/her include findings of fact, reasoning, conclusions, and recommendations conclusions on the issues submitted. 10. The arbitrator's recommendations arbitrator shall be consistent with law and with not have the terms of power to add to, subtract from, or modify in any way any term or provision within this Agreement. His/her report contract, nor shall be advisory onlythe arbitrator have the power to change any practice, and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report policy, or rule of the arbitratorBoard, representatives of nor to substitute the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report judgment of the arbitrator not later than for the next regularly scheduled meeting judgment of the Board subsequent Board. 11. The arbitrator shall refer back to the meeting between parties, without decision or recommendation on its merits, any grievance in which the representatives of the partiesarbitrator has no power to rule. 5.3.4.10 12. The costs for the services decision of the arbitrator shall be shared equally by final and binding upon the Board and parties. However, no party waives its right to appeal such decision to the Associationappropriate legal forum.

Level Three. 5.3.4.1 If the aggrieved party or parties in interest are is not satisfied with the decision or disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after the Superintendent or his/her designee has heard Level Two filing, the grievant may ask the Union to appeal the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they may submit within five ten (510) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest Level Two decision should have requested been transmitted. The request to TRAC that appeal to Level Three shall be made to the grievance be submitted Union, with a copy to the Executive Director. The Union shall have thirty (30) working days to determine whether to appeal to arbitration, . The discretion to appeal to arbitration rests solely with the Association will notify the Superintendent by letter of any Association decision to continue the grievance to Level Three. This having been done, the grievance will be submitted to arbitrationUnion. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals 4.3.4.3.1 The parties shall be held in an attempt to agree upon an select a mutually acceptable impartial arbitrator. 5.3.4.4 . If the parties signatory hereto are unable to agree upon an arbitrator at such meetingwithin ten (10) working days, the arbitrator a request for a list of arbitrators shall be selected as follows: Immediately after demand for or submittal made to arbitrationthe California State Mediation & Conciliation Service by either party, and the American Arbitration Association shall submit simultaneously to each party parties will then be bound by the C.S.M.C.S. rules in the selection of an identical list impartial arbitrator and the conduct of the names arbitration. If none of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return arbitrators named on the list is acceptable, a new list may be requested. 4.3.4.3.2 The parties shall attempt to mutually agree upon the issue or issues to be submitted to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptableselected Arbitrator. If the parties fail to cannot agree upon any the submission statement, each party may submit its own arbitrator's submission statement, and the Arbitrator shall then determine the issue or issues, by referring to the grievance and the answers thereto at each step. 4.3.4.3.3 The Arbitrator so selected will confer with the representatives of the persons named, or if those named decline or are unable Charter School and the Union and will schedule hearings to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings held promptly and make procedural rules. He/she will issue a report within a reasonable time after his/her award not later than thirty (30) calendar days from the date of the close of the hearinghearings, or, if oral hearings briefs have been waived, then from the date the final statements and evidence are proofs were submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall . The Arbitrator's award will be in closed sessions writing and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall will set forth his/her findings of fact, reasoning, conclusions, reasoning and recommendations conclusions on the issue or issues submitted. The arbitrator's recommendations shall Arbitrator will be consistent with law without power or authority to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, and with regulations and procedures of an act prohibited by law, or which is in violation of the terms of this Agreement. His/her report The decision of the Arbitrator shall be advisory only, final and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of the parties. 5.3.4.10 4.3.4.3.4 The costs for the services of the arbitrator shall Arbitrator, including per diem expenses, if any and his/her travel and subsistence expenses, and the costs of any hearing room will be shared equally borne by the Board and party the Associationaward is against. All other costs will be borne by the party incurring them.

Level Three. 5.3.4.1 If the aggrieved party or parties in interest are is not satisfied with the decision or disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after the Superintendent or his/her designee has heard Level Two filing, the grievant may ask the Union to appeal the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they may submit within five ten (510) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest Level Two decision should have requested been transmitted. The request to TRAC that appeal to Level Three shall be made to the grievance be submitted Union, with a copy to the Executive Director. The Union shall have thirty (30) working days to determine whether to appeal to arbitration, . The discretion to appeal to arbitration rests solely with the Association will notify the Superintendent by letter of any Association decision to continue the grievance to Level Three. This having been done, the grievance will be submitted to arbitrationUnion. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals 4.3.4.3.1 The parties shall be held in an attempt to agree upon an select a mutually acceptable impartial arbitrator. 5.3.4.4 . If the parties signatory hereto are unable to agree upon an arbitrator at such meetingwithin ten (10) working days, the arbitrator a request for a list of arbitrators shall be selected as follows: Immediately after demand for or submittal made to arbitrationthe California State Mediation & Conciliation Service by either party, and the American Arbitration Association shall submit simultaneously to each party parties will then be bound by the C.S.M.C.S. rules in the selection of an identical list impartial arbitrator and the conduct of the names arbitration. If none of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return arbitrators named on the list is acceptable, a new list may be requested. 4.3.4.3.2 The parties shall attempt to mutually agree upon the issue or issues to be submitted to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptableselected Arbitrator. If the parties fail to cannot agree upon any the submission statement, each party may submit its own arbitrator's submission statement, and the Arbitrator shall then determine the issue or issues, by referring to the grievance and the answers thereto at each step. 4.3.4.3.3 The Arbitrator so selected will confer with the representatives of the persons named, or if those named decline or are unable Five Keys Schools and Programs and the Union and will schedule hearings to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings held promptly and make procedural rules. He/she will issue a report within a reasonable time after his/her award not later than thirty (30) calendar days from the date of the close of the hearinghearings, or, if oral hearings briefs have been waived, then from the date the final statements and evidence are proofs were submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall . The Arbitrator's award will be in closed sessions writing and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall will set forth his/her findings of fact, reasoning, conclusions, reasoning and recommendations conclusions on the issue or issues submitted. The arbitrator's recommendations shall Arbitrator will be consistent with law without power or authority to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, and with regulations and procedures of an act prohibited by law, or which is in violation of the terms of this Agreement. His/her report The decision of the Arbitrator shall be advisory only, final and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of the parties. 5.3.4.10 4.3.4.3.4 The costs for the services of the arbitrator shall Arbitrator, including per diem expenses, if any and his/her travel and subsistence expenses, and the costs of any hearing room will be shared equally borne by the Board and party the Associationaward is against. All other costs will be borne by the party incurring them.

Level Three. 5.3.4.1 14.3.5.1 If the aggrieved party or parties in interest are person is not satisfied with the decision or disposition of the his/her grievance at Level TwoLEVEL TWO, or if no written decision has been rendered within ten (10) school days after he/she first met with the Superintendent or his/her designee has heard the grievance on Level Twodesignee, or if no agreement is reached using pre-arbitration mediationhe/she may, they may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify he/she has first met with the Superintendent by letter of any Association decision to continue the grievance to Level Three. This having been done, the grievance will be submitted to arbitration. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or or his/her designee, and whichever is sooner, request in writing that the President Association submit his/her grievance to arbitration. If the Association determines that the grievance involves the interpretation, meaning or application of any of the Associationprovisions or any provision of this Agreement, and/or it may, by written notice to the Superintendent or his/her designee, will simultaneously exchange lists of at least four within fifteen (4) arbitrators. Within five (515) school days thereafterafter receipt of the request from the aggrieved person, submit the grievance to arbitration. If any question arises as to whether a meeting particular dispute involves the interpretation, meaning or application of these individuals shall any of the provisions or any provision of this Agreement, such questions will first be held in an attempt ruled upon by the arbitrator selected to agree upon an arbitratorhear the dispute. 5.3.4.4 14.3.5.2 The parties shall select a mutually acceptable impartial arbitrator. If the parties signatory hereto are unable to agree upon an arbitrator at such meeting, within ten (10) school days of submission of the arbitrator shall be selected as follows: Immediately after demand for or submittal grievance to arbitration, a request for a list of arbitrators shall be made to the American Arbitration Association by either party and the parties will then be bound by the A.A.A. rules in the selection of an impartial arbitrator. 14.3.5.3 The parties shall submit simultaneously mutually agree upon the issue or issues to be submitted to the selected Arbitrator. If the parties cannot agree upon the submission agreement, each party an identical list may submit its own arbitrator’s submission agreement, and the Arbitrator shall then determine the issue or issues by referring to the grievance and the answers thereto at each step. 14.3.5.4 The Arbitrator so selected will confer with the representative of the names of five District and the Association, and will hold hearings promptly, and will issue his/her advisory opinion not later than thirty (5) persons skilled in arbitration of educational matters. Each party has seven (730) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, hearings or, if oral hearings have been waived, then from the date the final statements and evidence are proofs were submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall . The Arbitrator’s advisory opinion will be in closed sessions writing and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall will set forth his/her findings of fact, reasoning, conclusions, reasoning and recommendations conclusions on the issues submitted. The arbitrator's recommendations shall Arbitrator will be consistent with law without power or authority to add to, subtract from, or modify the terms of this Agreement or the written policies, rules and with regulations and procedures of an act prohibited by law, or which is a violation of the terms of this Agreement. His/her report shall be advisory only, and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of the parties. 5.3.4.10 14.3.5.5 The costs for the services of the arbitrator shall Arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses and the costs of any hearing room will be shared borne equally by the Board District and the Association. All other costs will be borne by the party incurring them.

Level Three. 5.3.4.1 If the aggrieved party or parties in interest are grievant is not satisfied with the decision or disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) school work days after receipt of the Superintendent or his/her designee has heard the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they Superintendent’s response (Appendix K-5) may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three. This having been doneThree grievance, the grievance will grievant shall be submitted to arbitrationrepresented by GTA. 5.3.4.3 Within five (5) school 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating 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 10 work days of the Administration's receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such letterquestion will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the Superintendent, and/or his/her designeeterms of this Agreement, and the President arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitratorcontract interpretation. 5.3.4.4 If the parties are unable to agree upon an arbitrator at such meeting, the arbitrator shall be selected as follows: Immediately after demand for or submittal to arbitration, the American Arbitration Association shall submit simultaneously to each party an identical list of the names of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein 8.2.4.4 The arbitrator’s decision will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator's report shall be submitted in writing to the District and the Association only, and shall will set forth his/her the arbitrator’s findings of fact, reasoning, conclusions, reasoning and recommendations on conclusions of the issues submitted. The arbitrator's recommendations shall be consistent with law and with arbitrator will without power or authority to make any decision that violates the terms of this Agreement. His/her report shall A copy of the award will be advisory onlysubmitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the meeting between the representatives of upon the parties. 5.3.4.10 8.2.4.5 The District and GTA will bear equally the 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 the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, 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. 8.2.4.10 The arbitrator shall be shared equally by provided all available documents relating to the Board grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the Associationright to be present at such hearings.