Common use of Step Four Clause in Contracts

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.

Step Four. If the decision of the President/Superintendent step three answer is not satisfactory acceptable to the grievant Association or no decision is renderedthe step three time limits expire without the issuance of a written reply, CRFO may, the Association may appeal the grievance to final and binding arbitration by giving written notice of such appeal within fifteen twenty (20) days of after receipt of the notification step three answer or expiration of the decision, submit a request time limit for arbitrationthe step three answer. 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 If the request for arbitration, CRFO Employer and the District will first attempt to Association cannot agree upon an arbitratorarbitrator within seven (7) days after the Association files such appeal, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. If no agreement is reachedEither party may reject the first panel of arbitrators by giving the other party written notice of such rejection. Upon receipt of an acceptable panel of arbitrators, the parties shall request meet at a mutually agreed time, and each party shall alternately strike one (1) name from the State Conciliation Service panel until only one (1) name remains, who shall be the arbitrator for the given grievance. The first party 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 remainsshall be determined by coin flip. That person will Such arbitrator shall be under and in conformance with the arbitrator. The order “Voluntary Labor Arbitration Rules” of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association; provided, however, if the parties mutually agree, such arbitration may be conducted under the “Expedited Labor Arbitration Rules” of such Association. 9.4.4.2 CRFO and (a) Neither the District Employer nor the Association shall each bear their own costs associated with representation at be permitted to assert any step in argument or evidence before the grievance procedure, except for arbitrator which was not previously disclosed to 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 transcriptother party. 9.4.4.3 As soon as possible after the arbitrator’s selection, the (b) 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 authority to alter, amend, add to, subtract fromdelete, or disregard any of add to the terms of this agreement but will recommend only if there has been a violation of this agreementAgreement. (c) Each party shall bear the full costs for its representation in the arbitration. 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 cost of the arbitrator will shall be advisory divided equally between the parties. (d) The arbitrator is empowered to the Board of Trustees, which will make the final determination. Upon review include in any award such financial reimbursements or other remedies as they judge to be proper. (e) If either party requests a transcript of the recordproceedings, if that party shall bear the Board of Trustees is unable to render full costs for that transcript. If both parties order a final determination on the recordtranscript, the Board may reopen cost of the record for two (2) transcripts, three (3) transcripts if a copy is requested by the taking of additional evidence and may adopt its own written findings of fact and conclusionsarbitrator, shall be divided equally between the parties.

Step Four. Within twenty (20) calendar days of the date of the step three decision the Federation shall have the right to submit the matter to arbitration by informing the Human Resources Director and Superintendent of Parks that the matter is to be arbitrated. If the decision matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The initial panel of arbitrators and the process for removing, replacing and renewing the arbitrators on the panel shall be established by the mutual written agreement of the President/Superintendent is not satisfactory to the grievant or no decision is rendered, CRFO may, parties within fifteen thirty (30) calendar days of receipt the ratification of this agreement or as soon thereafter as the notification of parties are able to do so. Arbitrators shall be selected from the decision, submit panel on a request for arbitrationrotating basis. The grievance, including but not limited If a grievance is referred 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 arbitration before the request for arbitration, CRFO and the District will first attempt parties are able to agree upon an arbitrator. If no agreement is reached, on the parties shall request the State Conciliation Service to supply selection of a panel of seven names arbitrators, the party referring the grievance to arbitration shall petition the Bureau of persons experienced in hearing grievances in public education. Each party will alternately strike Mediation Services to provide a name until only one name remains. That person will be list of nine (9) qualified arbitrators from which the arbitratorparties may select an arbitrator to hear the grievance. The order MPRB and the Federation shall select an arbitrator using the alternate strike method with the party exercising the first strike selected by coin flip. One representative of striking will be by lot. Upon mutual agreementthe Federation, the list of arbitrators may be obtained from Grievant and all necessary employee witnesses shall receive their regular salary and wages for the American Arbitration Association. 9.4.4.2 CRFO time spent in the arbitration proceeding, if during regular work hours. The arbitrator shall render a written decision and the District shall each bear their own costs associated with representation at reasons, therefore resolving the grievance, and order any step in appropriate relief within thirty (30) calendar days following the grievance procedure, except for the costs close of the arbitratorhearing or the submission of briefs by the parties. CRFO The decision and the District shall share equally the costs award 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 be final and binding upon the matter and render written findings of fact and conclusions on all the issues submitted. If the parties cannot agree upon a submission agreementMPRB, the Federation and the employee(s) affected. 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 authority to alteramend, amendmodify, nullify, ignore, add to, or subtract from, or disregard any of from the terms of this agreement but will recommend only if there has been a violation provisions of this agreement. The arbitrator will be without power or authority is also prohibited from making any decision that is contrary to make any recommendation that requires the commission of an act prohibited by law or that violates the terms of this agreementto public policy. 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.

Step Four. If the decision alleged grievance is not resolved at Step Three, the grievant and Union jointly may submit the grievance to binding arbitration within ten (10) days of the President/Superintendent is not satisfactory Step Three response. The American Arbitration Association shall be requested 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 list 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 arbitrators in accordance with its rules and the District will first attempt to agree upon an arbitratorregulations. If no agreement either party is reacheddissatisfied with the list sent by the AAA, prior to striking the parties shall request the State Conciliation Service to supply a panel of seven names of persons experienced in hearing grievances in public educationlist, another list can be requested. 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 By mutual agreement, the list parties may elect to enter into grievance mediation prior to submitting the grievance to final and binding arbitration. The parties shall mutually agree upon the procedures for mediation and appropriate extension of arbitrators may be obtained from the American Arbitration Associationtimeline for arbitration. 9.4.4.2 CRFO a. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the District AAA shall each be divided equally between the parties. b. If either party requests a transcript of the proceedings, that party shall bear their own full costs associated with representation at any step in for the grievance proceduretranscript. If both parties order a transcript, except for the costs of two (2)transcripts shall be divided equally between 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 submittedparties. If the parties cannot agree upon arbitrator requests a submission agreementcopy of the transcript, the cost shall be divided equally between the parties. c. Neither the Board nor the Union shall be permitted to assert any grounds or evidence before the arbitrator which had not previously been disclosed to the other party during the previous steps. d. 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 nullify, alter, amend, amend and/or add to, subtract from, or disregard any of to the terms of this agreement but will recommend Agreement. The arbitrator's authority shall be strictly and narrowly limited to deciding only if there has been a violation the grievance filed at the Step One level. The arbitrator's decision must be based solely and only upon an interpretation of the meaning or application of the express relevant language of this agreementAgreement. The arbitrator will be without power or shall have no authority to make any recommendation that requires the commission of an act prohibited by law or that violates the terms of interfere with exclusive Board and/or Administrative rights as covered in this agreementAgreement. 9.4.4.5 The e. Either party may make public the findings of fact and the recommendation recommendations 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 conclusionsarbitrator.

Step Four. 9.3.4.1 If the grievance is not satisfactorily adjusted at Step Three, the grievance may be submitted within ten (10) days after receipt of the written decision to the Superintendent or his/her designee. Within five (5) days from the receipt of the grievance, the Superintendent or his/her designee shall meet with the grievant(s) in an attempt to resolve the grievance. Within three (3) days after this meeting, the Superintendent or his/her designee shall deliver to the grievant(s) the response to the grievance. 9.3.4.2 Arbitration - Within ten (10) days after receiving the decision of the PresidentSuperintendent or his/Superintendent is not satisfactory to the grievant her designee or if no decision is has been rendered, CRFO may, within fifteen days of receipt of the notification of the decision, submit a Local 1021 may request for arbitration. The grievance, including but not limited to disputes over procedural Local 1021 shall contact the American Arbitration Association 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 Mediation/Conciliation Service to supply obtain a panel list 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 arbitratorarbitrators. The order parties shall mutually agree to selection 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 submittedan Arbitrator. If the parties cannot agree upon a submission agreementon an Arbitrator within ten (10) days of receipt of the list, they shall then be subject to the Voluntary Rules of the AAA. Once the Arbitrator has been selected, hearings shall commence at the convenience of the Arbitrator. The Arbitrator shall at the time of the hearing have available to him/her all documents relating to the grievance and any District records that would be helpful in resolving the problem. Within thirty (30) days after the conclusion of the hearing, the arbitrator Arbitrator’s decision shall determine be in writing and shall set forth the Arbitrator’s findings of fact, reasoning and conclusions on 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 agreementsubmitted. The arbitrator will Arbitrator shall be without power or authority to make any recommendation that decision which requires the commission of an act prohibited by law or that violates which is violative of the terms of this agreement. 9.4.4.5 Agreement. The findings decision of fact the Arbitrator shall be submitted to the Superintendent and the recommendation Union and shall be final and binding upon the parties of this Agreement. The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the arbitrator will terms of this Agreement. The Arbitrator shall have no power to establish salary structures or change any salary. This limitation does not apply to a recommendation to change placement on the salary schedule. The Arbitrator shall have no power to recommend or resolve: a. Any issue arising out of the exercise by the Board and the administration of its responsibilities under the District Rights Section of this Agreement, including the facts underlying its exercise of such discretion; b. Issues involving the content of evaluation. The Arbitrator shall be advisory limited in his/her recommendations to recommend only return to the status prior to the violation, misapplication, or misinterpretation. The Arbitrator shall have no power to change or recommend change in any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule, or any action taken by the District. The Arbitrator shall have no authority to usurp the Board’s financial rights and responsibilities, but may recommend to the Board to rectify contractual errors that have resulted in loss of Trustees, which will make compensation to the final determinationgrievant(s). Upon review If any question arises as to the arbitrability of the recordgrievance, such question shall be ruled upon by the Arbitrator only after he/she has had an opportunity to hear the merits of the grievance. Expenses incurred by the Arbitrator shall be shared equally by the District and Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdiction limitations upon the Arbitrator in the Agreement. Either party may request a certified court reporter to record the entire Arbitration hearing. a. The cost of the services and expenses of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they both mutually agree. b. If the Board Arbitrator requests a court reporter, then the costs shall be shared by both parties. c. The court reporter shall deliver a copy of Trustees is unable the proceeding to render each requesting party as soon as possible. d. Cost of copies of the proceeding shall be paid by party(ies) requesting such copy(ies). Hearings held under this procedure shall be conducted at a final determination on time and place which shall afford a fair and reasonable opportunity for all persons entitled to be present to attend. The District and the recordUnion are responsible for the payment of their own representatives and witnesses involved in any grievance hearing. If the grievance arises from an action of authority higher than the Principal of a school, the Board employee may reopen present such grievance to the record appropriate administrator. The resolution of a grievance which has the effect of resolving problems for the taking which other bargaining unit employees would have filed, shall also apply to that class of additional evidence and may adopt its own written findings of fact and conclusionsemployees.

Step Four. If the decision of the President/Superintendent step three answer is not satisfactory acceptable to the grievant Association or no decision is renderedthe step three time limits expire without the issuance of a written reply, CRFO may, the Association may appeal the grievance to final and binding arbitration by giving written notice of such appeal within fifteen twenty (20) days of after receipt of the notification step three answer or expiration of the decision, submit a request time limit for arbitrationthe step three answer. 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 If the request for arbitration, CRFO Employer and the District will first attempt to Association cannot agree upon an arbitratorarbitrator within seven (7) days after the Association files such appeal, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. If no agreement is reachedEither party may reject the first panel of arbitrators by giving the other party written notice of such rejection. Upon receipt of an acceptable panel of arbitrators, the parties shall request meet at a mutually agreed time, and each party shall alternately strike one (1) name from the State Conciliation Service panel until only one (1) name remains, who shall be the arbitrator for the given grievance. The first party 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 remainsshall be determined by coin flip. That person will Such arbitrator shall be under and in conformance with the arbitrator. The order “Voluntary Labor Arbitration Rules” of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association; provided, however, if the parties mutually agree, such arbitration may be conducted under the “Expedited Labor Arbitration Rules” of such Association. 9.4.4.2 CRFO and (a) Neither the District Employer nor the Association shall each bear their own costs associated with representation at be permitted to assert any step in argument or evidence before the grievance procedure, except for arbitrator which was not previously disclosed to 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 transcriptother party. 9.4.4.3 As soon as possible after the arbitrator’s selection, the (b) 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 authority to alter, amend, add to, subtract fromdelete, or disregard any of add to the terms of this agreement but will recommend only if there has been a violation of this agreementAgreement. (c) Each party shall bear the full costs for its representation in the arbitration. 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 cost of the arbitrator will shall be advisory divided equally between the parties. (d) The arbitrator is empowered to the Board of Trustees, which will make the final determination. Upon review include in any award such financial reimbursements or other remedies as he judges to be proper. (e) If either party requests a transcript of the recordproceedings, if that party shall bear the Board of Trustees is unable to render full costs for that transcript. If both parties order a final determination on the recordtranscript, the Board may reopen cost of the record for two (2) transcripts, three (3) transcripts if a copy is requested by the taking of additional evidence and may adopt its own written findings of fact and conclusionsarbitrator, shall be divided equally between the parties.

Step Four. If the decision of the President/Superintendent step three answer is not satisfactory acceptable to the grievant Union or no decision is renderedthe step three time limits expire without the issuance of a written reply, CRFO may, the Union may appeal the grievance to final and binding arbitration by giving written notice of such appeal within fifteen twenty (20) days of after receipt of the notification step three answer or expiration of the decision, submit a request time limit for arbitrationthe step three answer. 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 If the request for arbitration, CRFO Employer and the District will first attempt to Union cannot agree upon an arbitratorarbitrator within seven (7) days after the Union files such appeal, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. If no agreement is reachedEither party may reject the first panel of arbitrators by giving the other party written notice of such rejection. Upon receipt of an acceptable panel of arbitrators, the parties shall request meet at a mutually agreed time, and each party alternately shall strike one name from 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 , who shall be the arbitratorarbitrator for the given grievance. The order first party to strike a name shall be determined by coin flip. Such arbitration shall be under and in conformance with the "Voluntary Labor Arbitration Rules" of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association; provided, however, if the parties mutually agree, such arbitration may be conducted under the "Expedited Labor Arbitration Rules" of such Association. 9.4.4.2 CRFO and (a) Neither the District Employer nor the Union shall each bear their own costs associated with representation at any step in be permitted to assert an argument or evidence before the grievance procedure, except for arbitrator which was not previously disclosed to 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 transcriptother party. 9.4.4.3 As soon as possible after the arbitrator’s selection, the (b) 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 authority to alter, amend, add to, subtract fromdelete, or disregard any of add to the terms of this agreement but will recommend only if there has been a violation of this agreementAgreement. (c) Each party shall bear the full cost for its representation in the arbitration. 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 cost of the arbitrator will shall be advisory to divided equally between the Board of Trustees, which will make the final determination. Upon review parties. (d) If either party requests a transcript of the recordproceedings, that party shall bear the full costs of the transcript. If both parties order a transcript, the cost of the two (2)transcripts, or three (3) transcripts if the Board of Trustees is unable to render arbitrator requests a final determination on copy, shall be divided equally between the record, the Board may reopen the record for the taking of additional evidence and may adopt its own written findings of fact and conclusionsparties.

Step Four. If the decision of the President/Superintendent step three answer is not satisfactory acceptable to the grievant Association or no decision is renderedthe step three time limits expire without the issuance of a written reply, CRFO may, the Association may appeal the grievance to final and binding arbitration by giving written notice of such appeal within fifteen twenty (20) days of after receipt of the notification step three answer or expiration of the decision, submit a request time limit for arbitrationthe step three answer. 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 If the request for arbitration, CRFO Employer and the District will first attempt to Association cannot agree upon an arbitratorarbitrator within seven (7) days after the Association files such appeal, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. If no agreement is reachedEither party may reject the first panel of arbitrators by giving the other party written notice of such rejection. Upon receipt of an acceptable panel of arbitrators, the parties shall request meet at a mutually agreed time, and each party shall alternately strike one (1) name from the State Conciliation Service panel until only one (1) name remains, who shall be the arbitrator for the given grievance. The first party 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 remainsshall be determined by coin flip. That person will Such arbitrator shall be under and in conformance with the arbitrator. The order ―Voluntary Labor Arbitration Rules‖ of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association; provided, however, if the parties mutually agree, such arbitration may be conducted under the ―Expedited Labor Arbitration Rules‖ of such Association. 9.4.4.2 CRFO and (a) Neither the District Employer nor the Association shall each bear their own costs associated with representation at be permitted to assert any step in argument or evidence before the grievance procedure, except for arbitrator which was not previously disclosed to 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 transcriptother party. 9.4.4.3 As soon as possible after the arbitrator’s selection, the (b) 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 authority to alter, amend, add to, subtract fromdelete, or disregard any of add to the terms of this agreement but will recommend only if there has been a violation of this agreementAgreement. (c) Each party shall bear the full costs for its representation in the arbitration. 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 cost of the arbitrator will shall be advisory divided equally between the parties. (d) The arbitrator is empowered to the Board of Trustees, which will make the final determination. Upon review include in any award such financial reimbursements or other remedies as he judges to be proper. (e) If either party requests a transcript of the recordproceedings, if that party shall bear the Board of Trustees is unable to render full costs for that transcript. If both parties order a final determination on the recordtranscript, the Board may reopen cost of the record for two (2) transcripts, three (3) transcripts if a copy is requested by the taking of additional evidence and may adopt its own written findings of fact and conclusionsarbitrator, shall be divided equally between the parties.

Step Four. If the decision of the President/Superintendent step three answer is not satisfactory acceptable to the grievant Association or no decision is renderedthe step three time limits expire without the issuance of a written reply, CRFO may, the Association may appeal the grievance to final and binding arbitration by giving written notice of such appeal within fifteen twenty (20) days of after receipt of the notification step three answer or expiration of the decision, submit a request time limit for arbitrationthe step three answer. 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 If the request for arbitration, CRFO Employer and the District will first attempt to Association cannot agree upon an arbitratorarbitrator within seven (7) days after the Association files such appeal, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. If no agreement is reachedEither party may reject the first panel of arbitrators by giving the other party written notice of such rejection. Upon receipt of an acceptable panel of arbitrators, the parties shall request meet at a mutually agreed time, and each party shall alternately strike one (1) name from the State Conciliation Service panel until only one (1) name remains, who shall be the arbitrator for the given grievance. The first party 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 remainsshall be determined by coin flip. That person will Such arbitrator shall be under and in conformance with the arbitrator. The order “Voluntary Labor Arbitration Rules” of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association; provided, however, if the parties mutually agree, such arbitration may be conducted under the “Expedited Labor Arbitration Rules” of such Association. 9.4.4.2 CRFO and a. Neither the District Employer nor the Association shall each bear their own costs associated with representation at be permitted to assert any step in argument or evidence before the grievance procedure, except for arbitrator which was not previously disclosed to 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 transcriptother party. 9.4.4.3 As soon as possible after the arbitrator’s selection, the b. 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 authority to alter, amend, add to, subtract fromdelete, or disregard any of add to the terms of this agreement but will recommend only if there has been a violation of this agreementAgreement. c. Each party shall bear the full costs for its representation in the arbitration. 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 cost of the arbitrator will shall be advisory divided equally between the parties. d. The arbitrator is empowered to the Board of Trustees, which will make the final determination. Upon review include in any award such financial reimbursements or other remedies as they judge to be proper. e. If either party requests a transcript of the recordproceedings, if that party shall bear the Board of Trustees is unable to render full costs for that transcript. If both parties order a final determination on the recordtranscript, the Board may reopen cost of the record for two (2) transcripts, three (3) transcripts if a copy is requested by the taking of additional evidence and may adopt its own written findings of fact and conclusionsarbitrator, shall be divided equally between the parties.

Step Four. If the decision of the President/Superintendent step three answer is not satisfactory acceptable to the grievant Association or no decision is renderedthe step three time limits expire without the issuance of a written reply, CRFO may, the Association may appeal the grievance to final and binding arbitration by giving written notice of such appeal within fifteen twenty (20) days of after receipt of the notification step three answer or expiration of the decision, submit a request time limit for arbitrationthe step three answer. 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 If the request for arbitration, CRFO Employer and the District will first attempt to Association cannot agree upon an arbitratorarbitrator within seven (7) days after the Association files such appeal, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. If no agreement is reachedEither party may reject the first panel of arbitrators by giving the other party written notice of such rejection. Upon receipt of an acceptable panel of arbitrators, the parties shall request meet at a mutually agreed time, and each party shall alternately strike one (1) name from the State Conciliation Service panel until only one (1) name remains, who shall be the arbitrator for the given grievance. The first party 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 remainsshall be determined by coin flip. That person will Such arbitrator shall be under and in conformance with the arbitrator. The order “Voluntary Labor Arbitration Rules” of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association; provided, however, if the parties mutually agree, such arbitration may be conducted under the “Expedited Labor Arbitration Rules” of such Association. 9.4.4.2 CRFO and (a) Neither the District Employer nor the Association shall each bear their own costs associated with representation at be permitted to assert any step in argument or evidence before the grievance procedure, except for arbitrator which was not previously disclosed to 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 transcriptother party. 9.4.4.3 As soon as possible after the arbitrator’s selection, the (b) 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 authority to alter, amend, add to, subtract fromdelete, or disregard any of add to the terms of this agreement but will recommend only if there has been a violation of this agreementAgreement. Board‑‑BEA Agreement ‑ 9 – (c) Each party shall bear the full costs for its representation in the arbitration. 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 cost of the arbitrator will shall be advisory divided equally between the parties. (d) The arbitrator is empowered to the Board of Trustees, which will make the final determination. Upon review include in any award such financial reimbursements or other remedies as he judges to be proper. (e) If either party requests a transcript of the recordproceedings, if that party shall bear the Board of Trustees is unable to render full costs for that transcript. If both parties order a final determination on the recordtranscript, the Board may reopen cost of the record for two (2) transcripts, three (3) transcripts if a copy is requested by the taking of additional evidence and may adopt its own written findings of fact and conclusionsarbitrator, shall be divided equally between the parties.

Step Four. If To proceed with this Step, the decision Union must serve written notice of a demand for arbitration on the President/Superintendent is not satisfactory to the grievant or no decision is rendered, CRFO may, Employer within fifteen twenty (20) regular working days of after receipt of the notification of the decision, submit a request for arbitrationdecision in Step Three. The arbitration demand shall be accompanied by a written explanation of how and/or why the Employer’s Step Three decision failed to satisfactorily resolve 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 ten (10) working days from the submission of receiving the request for arbitration, CRFO both parties shall meet and the District will first attempt to mutually agree upon an arbitrator. If no agreement an arbitrator is reachednot mutually agreed upon, the Union shall request a list with the names of at least seven (7) arbitrators from either the Public Employment Relations Commission (PERC) or the Federal Mediation and Conciliation Service (FMCS). Within ten (10) working days after receipt of the requested list of names, 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 confer and alternately strike a names from the list until one (1) name until only one name remains. That person will be remains who shall serve as the arbitrator. The order of striking will be by lotUnion shall strike the first name. Upon mutual agreementAt least fifteen (15) working days before any scheduled arbitration date, the list of arbitrators may be obtained from parties shall confer in an attempt to define 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 issue(s) of the arbitratorgrievance. CRFO and In addition, they shall attempt to agree upon and/or coordinate the District shall share equally the costs scope of the arbitrator’s fees and expenses and record (i.e., exhibits, witnesses, special facilities or equipment) to be presented to the Arbitrator at arbitration. In any costs for a court reporter and transcript. 9.4.4.3 As soon as possible after the arbitrator’s selectionarbitration proceeding held pursuant to this Agreement, 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 authority to alter, amend, render any decision that will add to, subtract fromfrom or alter, change or disregard any of modify the terms of this agreement but will recommend only if there has been a violation of this agreementAgreement. The power of the arbitrator will shall be without power limited to interpretation or authority to make any recommendation that requires application of the commission of an act prohibited by law or that violates the express terms of this agreement. 9.4.4.5 Agreement and all other matters shall be excluded from arbitration. The findings of fact and the recommendation decision of the arbitrator will shall be advisory to made in writing within thirty (30) days after the Board conclusion of Trustees, which will make the testimony and shall be final determinationand binding on both parties. Upon review The cost of the record, if arbitrator's services shall be borne by the Board parties equally. The grievant(s) and the relevant county-employed Union representative(s) may attend the arbitration hearing without loss of Trustees is unable to render a final determination on the record, the Board may reopen the record regular compensation. Each party shall be financially responsible for the taking of additional evidence its attorney fees and may adopt its own written findings of fact and conclusionspresentation costs.

Step Four. In the event the grievance is not resolved by the procedure outlined in 22 (A)(3) above, the Association Union may refer the grievance to binding arbitration 23 through written notice to the Hospital within 14 calendar days of the answer of the 24 VP-CNO. 26 Within 14 calendar days following receipt of the Association’s Union’s notice of intent to 27 arbitrate, the parties shall try to mutually agree upon the selection of an arbitrator. If the decision 28 parties cannot agree upon the selection of an arbitrator within the President/Superintendent is not satisfactory 14-day period, the 29 parties agree to select an arbitrator from a list of 11 submitted by the grievant Federal Mediation 30 and Conciliation Service from among those on its panel of arbitrators who have a 31 business address in Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxx, Xxxxx, Xxxxxx or no decision is rendered, CRFO may, Utah. A 32 selection from the list shall be made within fifteen five days of receipt of the notification list. 34 a. Selection of an arbitrator from a list may be by mutual agreement between the 35 parties or by alternatively striking one name each from the list until one is left. The first 36 strike shall be determined by the flip of a coin. 38 b. The arbitrator’s decision shall be final and binding upon the Employer Hospital and 1 the AssociationUnion. The Arbitrator’s jurisdiction shall be limited to interpretation of 2 specific provisions of this Professional Agreement. The arbitrator shall not, without 3 specific written agreement 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 Employer Hospital 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 Association Union 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 4 respect to the written grievance and the answers at each step. After the hearing both parties will have an opportunity arbitration proceeding before them, be authorized to submit written briefs. 9.4.4.4 The arbitrator will have no power to alter, amend, add to, subtract fromdetract from 5 or in any way alter the provisions of this Agreement. 7 c. The arbitrator’s pay and all jointly incurred incidental expenses of the arbitration 8 shall be borne equally by the parties. If a court reported transcript is requested by a 9 party and used by both parties, such cost shall also be borne equally by both parties. If 10 only one of the parties utilizes the transcript, the full cost of the court reported transcript 11 shall be borne by the party requesting the court reporter. However, each party shall 12 bear the other expenses of presenting its own case. 14 d. The Arbitrator’s decision shall be announced in writing to the parties within thirty 15 days following the hearing, or disregard any if the parties submit post-hearing briefs, within thirty days 16 following submission 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 agreementpost-hearing briefs. 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.