Level VI. If the grievant is not satisfied with the decision at Level V, the Association may within ten (10) days submit a notice, in writing, to the Superintendent for binding arbitration of the dispute. The grievant/Association and the District shall attempt to agree upon an arbitrator and if no agreement can be reached, the parties shall request the California State Conciliation Service 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 arbitrator. The order of striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, including fees for witnesses, or the costs of substitutes for witnesses, shall be borne by the party incurring them.

Level VI. Arbitration

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Level VI. If the grievant(s) is/are not satisfied with the decision at Level IV, grievant(s) may within five (5) working days submit a request in writing to the Chancellor for a review of the decision by the Board of Trustees. The Board will review a written summary by the Chancellor and a written summary by the grievant(s) at the next regular Board meeting. This summary may include statements from witnesses. A copy of this summary will be given to the grievant(s) and Association. The Board will render a final and binding determination of the grievance. If the Board of Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence from the Chancellor and the grievant(s), and/or any witnesses. No employee shall be discriminated against as a result of filing a grievance. In the event the advisory arbitration has been utilized, the Board of Trustees shall consider the arbitrator's recommendation at its next regular meeting, provided that at least ten (10) working days have elapsed since receipt of the decision. The Board of Trustees may implement the arbitrator's decision in whole or in part; may decide not to implement the decision; may meet with the parties to discuss other alternative solutions; or may take whatever other action it deems appropriate. The action of the Board of Trustees shall be final and binding.

Level VI. If the grievant is not satisfied with the decision at Level IV, he/she may within five (5) working days submit a request in writing to the Chancellor for a review of the decision by the Board of Trustees. The Board will review a written summary by the Chancellor and a written summary by the grievant at the next regular Board meeting. This summary may include statements from witnesses. A copy of this summary will be given to the grievant and his/her representative. The Board will render a final and binding determination of the grievance. If the Board of Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence from the Chancellor and the grievant, and/or his/her witnesses. No employee shall be discriminated against as a result of filing a grievance. In the event the advisory arbitration has been utilized, the Board of Trustees shall consider the arbitrator's recommendation at its next regular meeting, provided that at least ten (10) working days have elapsed since receipt of the decision. The Board of Trustees may implement the arbitrator's decision in whole or in part; may decide not to implement the decision; may meet with the parties to discuss other alternative solutions; or may take whatever other action it deems appropriate. The action of the Board of Trustees shall be final and binding.

Level VI. The findings and proposed decision of the arbitrator shall be advisory to the Board of Trustees. The arbitrator’s findings and proposed decision, together with the record and exhibits, shall be presented to the Board of Trustees for final determination. The Board of Trustees shall hear oral or written argument if requested within ten days by either CSEA or the District. After review of the record and exhibits, the Board of Trustees may accept, reject, or modify the arbitrator’s findings and proposed decision, and render a decision on the grievance which shall be final and binding subject to established rights of judicial review.

Related to Level VI

Level IV a. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she may file the grievance within five (5) days of the Level III response for transmittal to the Board.
Level I If the grievance is not resolved through informal discussions, the supervisor shall give a written decision on the grievance to the parties involved within ten (10) days after receipt of the written grievance.
Level III In the event the grievance is not resolved in Level II, the decision rendered may be appealed to the School Board, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level II. If a grievance is properly appealed to the School Board, the School District shall hear the grievance within twenty (20) days after the receipt of the appeal. Within twenty (20) days after the meeting the School Board shall issue its decision in writing to the parties involved. At the option of the School Board, a committee or representative(s) of the School District may be designated by the School Board to hear the appeal at this level, and report its findings and recommendations to the School District. The School District shall then render its decision.
Level II In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent, provided such appeal is made in writing within five days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or designee shall set a time to meet regarding the grievance, which meeting shall take place within ten days after receipt of the appeal. Within five days after the meeting, the Superintendent or designee shall issue a decision in writing to the parties involved.
Level 4 If the Employee is not satisfied with the response of the Assistant Superintendent for Administrative Services, the Employee may submit the grievance to the Superintendent within ten (10) days of the receipt of the response to Level 3. The Superintendent shall sign and date all copies when he/she receives them. The Superintendent shall respond in writing within ten (10) days of the above date. Either party may be accompanied by one other Employee or administrator.
Level 1 If an Employee wishes to submit a grievance, he/she shall first discuss the complaint with his/her immediate supervisor. The Grievance Committee representative and one administrator may also be present. This discussion must occur within ten (10) days of the event causing the complaint.
Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.
Level 2 In the event that the aggrieved person is not satisfied with the disposition of the grievance at Level 1, or in the event that no decision is reached within ten (10) school days after a formal presentation, the matter may be appealed in writing to the superintendent of schools. If the grievant appeals to the superintendent, the superintendent or his designated representative shall confer with the grievant in an effort to arrive at a satisfactory solution within ten (10) school days after the appeal has been received by the superintendent. If the grievant does not appeal to the superintendent within thirty (30) school days after the formal conference at Level 1, the appeal of the grievance shall automatically be waived.
Level Five Arbitration

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Related to Level VI