Common use of Level VI Clause in Contracts

Level VI. Arbitration 1) If Level V is not successful, the grievant, within ten (10) days after conclusion of Level V, may request in writing that the Association submit the grievance to arbitration. The Association by written notice to the Superintendent or designee within ten (10) days of the above request of the grievant may submit the grievance to arbitration. 2) The Association and the District shall by mutual agreement select an arbitrator. If no agreement can be reached within five (5) days of the above request for arbitration of the Association, the parties shall request the California State Conciliation Service to supply a list 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 order of striking shall be determined by lot. 3) In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by discussions with the parties and by referring to the written grievance and the answers thereto at each step. 4) If any question arises regarding the arbitrability of a grievance the arbitrator shall make a determination on this issue prior to hearing the merits of the grievance, unless the arbitrator determines otherwise. 5) After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit his/her written findings and award to both parties, which shall be final and binding, subject to established right of judicial review. 6) The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision on issue(s) not before the arbitrator, or on facts not supported by the evidence. Furthermore, the arbitrator’s power to award back pay is limited to the first of the fiscal year in which the grievance was filed. 7) The fees and expenses of the arbitrator shall be borne equally by the employer and the Association. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested by both parties or the arbitrator. If the transcript is requested by only one party, that party shall incur the expense. All other expenses shall be borne by the party incurring them.