Common use of Level VI Clause in Contracts

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. 19.4.5.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. The parties shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue. 19.4.5.2 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. In addition, the arbitrator must agree to abide by the Voluntary Rules of the American Arbitration Association. 19.4.4.3 After a hearing and after both parties have had an opportunity to make written arguments, the advisory arbitrator shall conclusions that he/she has prepared. The decision of the arbitrator shall be final and binding to all parties.

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. 19.4.5.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. The parties shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue. 19.4.5.2 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. In addition, the arbitrator must agree to abide by the Voluntary Rules of the American Arbitration Association. 19.4.4.3 After a hearing and after both parties have had an opportunity to make written arguments, the advisory arbitrator shall conclusions that he/she has prepared. The decision of the arbitrator shall be final and binding to all parties.The

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. 19.4.5.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. The parties shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue. 19.4.5.2 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. In addition, the arbitrator must agree to abide by the Voluntary Rules of the American Arbitration Association. 19.4.4.3 After a hearing and after both parties have had an opportunity to make written arguments, the advisory arbitrator shall conclusions that he/she has prepared. The decision of the arbitrator shall be final and binding to all parties.