Common use of Level 3 Clause in Contracts

Level 3. If the grievant is not satisfied with the disposition of his/her grievance at Xxxxx 0, xx/xxx may within twenty (20) days request in writing that his/her grievance be submitted to arbitration. The grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to be determined by mutual agreement, 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 grievant shall strike the first name. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission statement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 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 District. After hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendations, which shall be final and binding.

Level 3. If the grievant is not satisfied with the disposition of his/her grievance at Xxxxx 0, xx/xxx may within twenty (20) days request in writing that his/her grievance be submitted to arbitration. The grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to be determined by mutual agreement, 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 grievant shall strike the first name. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission statement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 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 District. After hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendations, recommendations which shall be final and binding.