Step IV. If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within the above stated time limits, the grievant and/or the Association shall complete Grievance Report Form, Step IV, within ten (10) school days after notification of Step III disposition and submit the grievance to final and binding arbitration according to the voluntary rules and regulations of the American Arbitration Association. The Arbitrator's decision will be final and binding on all parties. The cost of arbitration shall be the responsibility of the party losing arbitration.
Step IV. Mediation
1. The Union may, within fifteen (15) work days after receipt of the Step III response, notify the Superintendent or his/her designee, of the intent to submit the grievance to arbitration, or by mutual agreement of the parties, submit the grievance to arbitration. Submission of an issue to grievance mediation shall toll the timelines for arbitration. The parties will attempt to identify joint stipulations of facts and issues for submission to mediation.
2. No reprisals of any kind shall be taken by the Board or any member of the Administration against any party filing a grievance or any member of a grievance committee.
3. Nothing contained in these procedures shall be construed as limiting the individual right of the employee having a complaint or problem to discuss the matter informally with members of the administration through normal channels for communication.
4. Either the Union President, Vice President or Grievance Chairperson shall be allowed to attend administrative-initiated grievance hearings during working hours without loss of pay. Furthermore, the aggrieved employee, his/her representative, and any necessary witness shall not lose any regular straight time pay for any time off the job while attending any grievance hearing.
5. Grievance mediation procedures shall be as follows:
a. The parties shall mutually agree to utilize the service of FMCS to mediate.
b. The mediator shall schedule a meeting within five (5) work days of the receipt of a referral. The mediator shall utilize any procedures acceptable to the parties to attempt to reach a resolution of the grievance.
c. If requested, the mediator, at the conclusion of the mediation meeting, shall issue an oral opinion of the resolution of the grievance which if acceptable, may be memorialized by the parties.
d. If the grievance remains unresolved following mediation, the Board, the President, or designee, will notify the other party within five (5) work days and may immediately submit the grievance for arbitration under the steps provided in this section.
e. The comments and opinions of the mediator, and any settlement offer put forth by either party, shall not be admissible in any subsequent arbitration of the grievance, nor be introduced in any future grievance proceedings.
f. Costs for mediation shall be shared equally by the Union and the Board.
Step IV. If the grievance is not settled at Step III, the aggrieved employee shall, within ten (10) working days from the date of the decision at Step III, forward the written grievance to the Sheriff. The Sheriff, or designee, shall meet with the aggrieved employee and/or designated representative within ten (10) working days after receipt of the grievance. The Sheriff, or designee, shall furnish a copy of the decision in writing to the aggrieved employee, with a copy to the F.O.P., within ten (10) working days after the meeting.
Step IV a. If the grievance is not resolved at mediation, the MCFSE may request that the grievance be submitted to a neutral arbitrator. Such request must be in writing within ten (10) days to the Superintendent.
b. The arbitrator shall be selected from a list received by the parties from the California Mediation and Conciliation Service.
c. Selection shall be made by each party alternately striking names until one (1) name remains.
d. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the employer. The arbitrator shall only address the issue(s) of the grievance as presented by the parties.
e. The arbitrator shall conduct a hearing at which both parties may present evidence. After completing the hearing, and after both parties have had an opportunity to make oral and/or written arguments, the arbitrator shall make a decision. The arbitrator’s decision shall be in writing and shall set forth findings of fact reasoning, and a proposed decision on the issues submitted. The proposed decision shall be advisory to the Superintendent. If the Superintendent overrules the proposed decision of the arbitrator, the fees and expenses of the arbitrator and reporter, if any, shall be borne by the County Office.
f. Except as provided in Section C(4)(e), the fees and expenses of the arbitrator shall be borne equally by the County Office and MCFSE. Any other costs shall be borne by the party that unilaterally incurs them.
Step IV. If the alleged grievance is not resolved at Step III, the grievant or the association may request, in writing, that the association submit the alleged grievance to arbitration. If the association through its representative counsel determines that the grievance will be submitted to arbitration, the association, after written notice to the district, and within fifteen (15) work days after receipt of the Board's determination, may submit the grievance to binding arbitration. The Arbitration Committee's deliberation will be limited to the statement of grievance and proposed resolution. Further, the Arbitration Committee will be without power to make a decision which requires commission of an act prohibited by law or which is outside the scope of this Agreement. If any question arises as to arbitrability, such question will first be ruled upon by Arbitration Committee selected to hear the dispute. The Arbitration Committee shall be composed of three (3) members: one selected by the association, one selected by the district, and the third to be a certified Arbitrator registered with the American Arbitration Association and jointly selected by the two previously named individuals. The association and the district shall name their respective committee members within seven (7) work days of written demand for binding arbitration. The selection of the third member shall be made within five (5) work days of the time of selection of the last of the two committee members, and shall be made from a list of arbitrators provided by the American Arbitration Association. If the parties cannot agree as to the arbitrator within five (5) work days, the arbitrator shall be selected by the American Arbitration Association (AAA) in accordance with its rules. The individual selected by the committee members representing the association and the Board, or by the AAA, will service as chairman. The parties shall be bound by the rules of the American Arbitration association except as may be provided herein. Within fifteen (15) work days following completion of staffing of the Arbitration Committee, the Arbitration Committee will confer with the representatives of the Board and the association, hold the hearing, and will issue a decision not later than twenty (20) work days from the date of the close of the hearing, or, if oral hearings have been waived, then from the date that the final statements and proof are submitted to the Board and the association and shall be final and binding upo...
Step IV. At the next regularly scheduled Board of Education meeting, or within twenty
Step IV. Within ten (10) days after receipt of the Board's disposition, the Association may submit a request to the Superintendent advancing the grievance to binding arbitration. An arbitrator shall be chosen through the American Arbitration Association using its Voluntary Labor Arbitration Rules. The arbitrator’s award shall be final and binding on all parties. The cost of the arbitrator and the fees of the American Arbitration Association shall be borne by the losing party. The arbitrator will specify in his/her award which party is the loser. If the loser is not clearly stated or the award involves multiple issues which split the award, the cost shall be equally divided between the Board and Association. The arbitrator shall have no authority to add to, subtract from, disregard, alter, or modify any terms of this Agreement, nor shall he/she make any decisions contrary to law. The arbitrator may rule on any alleged violation of the procedures relating to unit member evaluation specifically outlined in this Agreement, but shall not substitute his/her judgment for that of the evaluator. If an alleged grievance is submitted to an arbitrator on which he/she determines that he/she has no authority to rule, it shall be referred back to both parties without decision or recommendation on its merits.
Step IV. If the Association and/or grievant is not satisfied with the disposition of the grievance at Step III, it may, within ten (10) days after the decision of the Board, refer the matter for arbitra- tion to the American Arbitration Association in writing and request the appointment of an arbi- trator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be select- ed in accordance with the rules of the American Arbitration Association. Neither party may raise a new defense or ground at Step IV not previously raised or disclosed at other written steps.
Step IV. If the Association is not satisfied with the disposition of grievance at Step III, the Association President may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the proceedings. Neither the Board nor the SEEGC shall be permitted to assert any issue before the arbitrator which was not previously disclosed to the other party. The arbitrator shall have no power to alter the terms of this Agreement. If a demand for arbitration is not filed within twenty (20) days of the date for the Step III answer, then the grievance shall be deemed withdrawn.
Step IV. After one (1) or more incident(s) of a similar or non-similar nature occurring after Step III, which would have warranted at least Step I action, the immediate supervisor shall give the unit member on an individual basis a Notice that a removal or suspension without pay shall be administered.
