Step Four If the decision of the President/Superintendent is not satisfactory to the grievant or no decision is rendered, CRFO may, within fifteen days of receipt of the notification of the decision, submit a request for arbitration. The grievance, including but not limited to disputes over procedural or substantive arbitrability, shall then be submitted to an arbitrator for advisory determination.
9.4.4.1 Within five days of receiving the request for arbitration, CRFO and the District will first attempt to agree upon an arbitrator. If no agreement is reached, the parties shall request the State Conciliation Service to supply a panel of seven names of persons experienced in hearing grievances in public education. Each party will alternately strike a name until only one name remains. That person will be the arbitrator. The order of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association.
9.4.4.2 CRFO and the District shall each bear their own costs associated with representation at any step in the grievance procedure, except for the costs of the arbitrator. CRFO and the District shall share equally the costs of the arbitrator’s fees and expenses and any costs for a court reporter and transcript.
9.4.4.3 As soon as possible after the arbitrator’s selection, the arbitrator shall conduct a hearing into the matter and render written findings of fact and conclusions on all the issues submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers at each step. After the hearing both parties will have an opportunity to submit written briefs.
9.4.4.4 The arbitrator will have no power to alter, amend, add to, subtract from, or disregard any of the terms of this agreement but will recommend only if there has been a violation of this agreement. The arbitrator will be without power or authority to make any recommendation that requires the commission of an act prohibited by law or that violates the terms of this agreement.
9.4.4.5 The findings of fact and the recommendation of the arbitrator will be advisory to the Board of Trustees, which will make the final determination. Upon review of the record, if the Board of Trustees is unable to render a final determination on the record, the Board may reopen the record for the taking of additional evidence and may adopt its own written findings of fact and conclusions.
Level Four A. If within ten (10) school days following the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10) school days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitrator.
B. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties.
C. The costs of the services of the arbitrator will be borne equally by the Board and the Association.
D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.
Step Three a. If the grievance is not resolved within ten (10) working days of the referral to Step Two in Article A.
Thirty days after the employee begins his/her employment in a bargaining unit position, unless the employee previously served in a bargaining unit position and continued in the employ of the Authority in a non-bargaining unit position, or was on layoff, in which event the deductions will begin with the first paycheck paid 30 days after the resumption of the employee’s employment in a bargaining unit position, whichever is later.
