Common use of Level Five Clause in Contracts

Level Five. Arbitration i. If the grievance is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. iv. The arbitrator’s findings shall be submitted in writing to the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. If the grievance aggrieved person is not settled satisfied with the Board's decision at Level Three (or Optional Level Four), or if no decision has been rendered within ten thirty (1030) work days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Level Three (or Optional Level Four) meetingAssociation submit his/her grievance to arbitration, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration which shall be submitted binding on issues concerning the interpretation of the agreement and in writing all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association under its voluntary rules. A copy of and/or the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator Public Employment Relations Commission in accordance with the selection procedures of the American Arbitration Associationan arbitrator. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. b) The arbitrator selected shall have authority to hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within shall issue a decision not later than thirty (30) calendar days from the date of the written briefs hearing(s), or if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to the arbitrator. ivhim/her. The arbitrator’s findings 's decision shall be submitted in writing to the College and to the Union and shall set forth his/her findings of fact, reasoning and conclusions on of the issues submitted. The arbitrator’s arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be consistent without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with existing statuesthe powers, all duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completedconditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. v. Either party may request (4) Provided further that procedural and substantive issues non-renewal of employment contracts shall not be consolidated subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits services of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College Board and the UnionAssociation. Costs of representation and/or witness fees Any other expense incurred shall be borne paid by the party incurring themsame. viid) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The arbitrator Association shall have no power the right to alter, add to, subtract from, disregard or modify grieve in the terms same manner as an individual whenever its grievance is based upon a complaint suffered by the members of this Agreementa unit as a whole. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. If the Association and the grievant are not satisfied with the disposition of the grievance is not settled at Level Three (or Optional Level Four), by the Board or if no decision disposition has been rendered made within the period above provided, the grievance may be submitted within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted after notification in writing to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association under in accord with its voluntary rules, which shall likewise govern the arbitration proceeding. A copy of The Board and the demand Association shall not be submitted permitted to assert in such arbitration proceeding any ground or rely on any evidence not previously disclosed to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either other party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. iv. The arbitrator’s findings shall be submitted in writing to the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them. vii. The arbitrator shall have no power to alter, add to, or subtract from, disregard or modify from the terms of this Agreement. viii. Because other avenues His power shall be limited to deciding whether the Board or professional staff has violated the express article or sections of redress are covered in RCW 28Bthis Agreement. It being understood that any matter not specifically set forth herein remains the reserved rights of the Board. The decision of the arbitrator, if within the scope of his authority, as above set forth, shall be final and binding. The fees and expenses of the arbitrator shall have no power or authority to rule on be shared equally by both parties. A grievance may be withdrawn at any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluationlevel. However, provided, howeveronce withdrawn, the evaluation procedures in Article X, grievance may not be submitted to the grievance procedure again unless agreed to by both parties. Decisions rendered at all levels shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 in writing and shall be subject promptly transmitted to arbitrationall parties of interest. When transmission is by the employer, the Association President shall be considered to be a party of interest. No reprisals of any kind shall be taken by or against any party of interest or any participant in the grievance procedure by reason of such participation. No documents, communications or records dealing with a grievance shall be filed in the personnel file in the teacher’s record file. Grievances shall be processed outside of regular classroom hours unless otherwise agreed to by the parties. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution.

Level Five. Arbitration i. (a) If the grievance Association does not accept the School Committee Level Three response or if a response is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of given by the Level Three (or Optional Level Four) meeting, then within twenty (20) work daysSchool Committee, the Union Association may file submit the matter to arbitration by filing a written demand for arbitrationwith the American Arbitration Association. The This written demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy must be filed no later than thirty (30) days of receipt of the demand School Committee Level Three response or not later than forty-five (45) days of the day when the School Committee Level Three response was due, whichever is applicable. Disputes regarding filing for arbitration shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of resolved by reviewing the American Arbitration Association's time and date stamp. The parties agree that if an extension is requested by either side within the above referenced time limits, such extension will be granted. ii(b) The party seeking arbitration may request a list of arbitrators from the American Arbitration Association. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted The parties will be bound by the Board and/or unfair current rules and inequitable treatment, then only that portion based upon procedures of said Association in the alleged violation selection of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitrationan arbitrator. iii. (c) The arbitrator shall have authority to so selected will confer with the School Committee and the Association and hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within issue his decision not later than thirty (30) calendar days after from the date of the close of the hearings or, if requested by either partyoral hearings have been waived, within thirty (30) calendar days then from the date the written briefs final statements and proofs are submitted to the arbitrator. ivhim. The arbitrator’s findings shall decision will be submitted in writing to the College and to the Union and shall will set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s arbitrator will be without power or authority to make any decision shall which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement nor will he be consistent with existing statuespermitted to interpret the intention of the parties at the time they negotiated said Agreement. The decision of the arbitrator will be submitted to the School Committee and to the Association, and, subject to law, will be final and binding on all disputes arising under the provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearingAgreement, provided that the arbitrator shall resolve procedural issues before hearing not usurp the merits functions of the grievanceCommittee or the proper exercise of its judgment and discretion under law and this Agreement. Pending the processing of the grievance and the award from the American Arbitration Association and during the term of this Agreement, unless there shall be no stoppage, slowdown, or other interference with work in accordance with Article V (the parties mutually agree otherwiseNo­ Strike, No-Lockout Provision) of this Agreement. vi. (d) The fees and expenses costs for the services of the arbitrator shall arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the College School Committee and the Union. Costs of representation and/or witness fees shall be borne by the party incurring themAssociation. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. If the grievance aggrieved person is not settled satisfied with the Board's decision at Level Three (or Optional Level Four), or if no decision has been rendered within ten thirty (1030) work days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Level Three (or Optional Level Four) meetingAssociation submit his/her grievance to arbitration, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration which shall be submitted binding on issues concerning the interpretation of the agreement and in writing all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association under its voluntary rules. A copy of and/or the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator Public Employment Relations Commission in accordance with the selection procedures of the American Arbitration Associationan arbitrator. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. b) The arbitrator selected shall have authority to hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within shall issue a decision not later than thirty (30) calendar days from the date of the written briefs hearing(s), or if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to the arbitrator. ivhim/her. The arbitrator’s findings 's decision shall be submitted in writing to the College and to the Union and shall set forth his/her findings of fact, reasoning and conclusions on of the issues submitted. The arbitrator’s arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be consistent without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with existing statuesthe powers, all duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completedconditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. v. Either party may request (4) Provided further that procedural and substantive issues non-renewal of employment contracts shall not be consolidated subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits services of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College Board and the UnionAssociation. Costs of representation and/or witness fees Any other expense incurred shall be borne paid by the party incurring themsame. viid) All grievance settlements shall be made in writing and approved by the super- intendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The arbitrator Association shall have no power the right to alter, add to, subtract from, disregard or modify grieve in the terms same manner as an individual whenever its grievance is based upon a complaint suffered by the members of this Agreementa unit as a whole. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. If the PR&R Committee and/or the aggrieved person does not feel the grievance is not settled at satisfactorily resolved after Level Three (or Optional Level Four)Four and determines that the grievance involves the interpretation, meaning, or if no decision has been rendered application of any of the provisions of this Agreement, a Board Policy, administrative regulation or practice affecting conditions of employment, it may, by written notice to the Superintendent within fifteen (15) school days after receipt of the request from the aggrieved person, submit the grievance to binding arbitration. If any question arises as to whether a particular dispute involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will first be ruled upon by the arbitrator selected to hear the dispute. Within ten (10) work school days after such written notice of submission to arbitration, the Superintendent and the PR&R Committee will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten-day period, there may be a request for an arbitration committee to be formed to hear the grievance. This committee shall be selected by the aggrieved person and the PR&R Committee selecting one member, and the Board and administration selecting one member. These two members shall select a third member. The arbitration committee so selected will confer with the representatives of the Level Three (or Optional Level Four) meetingSuperintendent, then within Board, and the PR&R Committee and hold hearings promptly and will issue its decision not later than twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after from the date of the close of the hearings or, if requested by either partyoral hearings have been waived, within thirty (30) calendar days then from the date the written briefs final statements and proofs are submitted to the arbitrator. ivit. The arbitrator’s findings shall arbitration committee's decision will be submitted in writing to the College and to the Union and shall will set forth its findings of fact, reasoning reasoning, and conclusions on the issues submitted. The arbitrator’s arbitration committee will be without power or authority to make any decision shall be consistent with existing statues, all provisions which requires the commission of an act prohibited by law or which is volatile of the terms of this Agreement and shall be binding on both partiesAgreement. The arbitrator may retain jurisdiction until such time as decision of the award is completed. v. Either party may request that procedural arbitration committee will be submitted to the Superintendent and substantive issues the Association and will be consolidated final and binding upon the parties in interest. The costs of the services for the hearingarbitration committee, provided that including per diem expenses, if any, and its travel and subsistence expenses and the arbitrator shall resolve procedural issues before cost of any hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall room will be borne equally by the College Board and the UnionAssociation. Costs These costs are to be mutually determined and agreed upon prior to any activity of representation and/or witness fees shall the arbitration committee. All other costs will be borne by the party incurring them. vii. No reprisals of any kind will be taken by the Superintendent or by any member or representative of the administration or the Board against any aggrieved person, any party in interest, any Grievance Representative, any member of the PR&R Committee or any other participant in the grievance procedure by reasons of such participation. The arbitrator aggrieved person may be represented at Level Two and beyond of the grievance procedure by himself/herself, or, at his/her option, by a Grievance Representative, selected by the Association. If the aggrieved person is not represented by the Association, the Association shall have no power the right to alterstate its views at Level Three and beyond of the grievance procedure. If, add toin the judgment of the PR&R Committee, subtract from, disregard a grievance affects a group or modify the terms class of this Agreement. viii. Because other avenues of redress are covered in RCW 28Bteachers, the arbitrator shall have no power PR&R Committee may initiate and submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Three. When it is necessary for a Grievance Representative, member of the PR&R Committee or authority other representative designated by the Association to rule on investigate a grievance or attend a grievance meeting or hearing during the school day, he/she will, upon notice of the principal or immediate superior by the Chairman of the PR&R Committee, be released without loss of pay as necessary order to permit participation in the activities as described above. Any teacher whose appearance in such investigations, meetings, or hearing as a witness is necessary will be accorded the same right. All documents, communications, and records dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the following: a. The termination of service participants. Forms for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluationfiling grievances, providedserving notices, howevertaking appeals, the evaluation procedures in Article X, shall making reports and recommendations and other necessary documents will be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.prepared. (Neg. 1975)

Level Five. Arbitration i. If the Association not satisfied with the disposition of the grievance is not settled at Level Three (or Optional Level Four), by the Board or if no decision disposition has been rendered made within the period above provided, the grievance may be submitted within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted after notification in writing to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association under in accord with its voluntary rules, which shall likewise govern the arbitration proceeding. A copy of The Board and the demand Association shall not be submitted permitted to assert in such arbitration proceeding any ground or rely on any evidence not previously disclosed to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either other party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. iv. The arbitrator’s findings shall be submitted in writing to the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them. vii. The arbitrator shall have no power to alter, add to, or subtract from, disregard or modify from the terms of this Agreement. viii. Because other avenues His power shall be limited to deciding whether the Board or professional staff has violated the express article or sections of redress are covered in RCW 28Bthis Agreement. It being understood that any matter not specifically set forth herein remains the reserved rights of the Board. The decision of the arbitrator, if within the scope of his authority, as above set forth, shall be final and binding. The fees and expenses of the arbitrator shall have no power or authority to rule on be shared equally by both parties. A grievance may be withdrawn at any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluationlevel. However, provided, howeveronce withdrawn, the evaluation procedures in Article X, grievance may not be submitted to the grievance procedure again unless agreed to by both parties. Decisions rendered at all levels shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 in writing and shall be subject promptly transmitted to arbitrationall parties of interest. When transmission is by the employer, the Association President shall be considered to be a party of interest. No reprisals of any kind shall be taken by or against any party of interest or any participant in the grievance procedure by reason of such participation. No documents, communications or records dealing with a grievance shall be filed in the personnel file in the teacher’s record file. Grievances shall be processed outside of regular classroom hours unless otherwise agreed to by the parties. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution.

Level Five. Arbitration i. If the grievance aggrieved person is not settled satisfied with the Board's decision at Level Three (or Optional Level Four), or if no decision has been rendered within ten thirty (1030) work school days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Level Three (or Optional Level Four) meetingAssociation submit his/her grievance to arbitration, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration which shall be submitted binding on issues concerning the interpretation of the agreement and in writing all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association under its voluntary rules. A copy of and/or the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator Public Employment Relations Commission in accordance with the selection procedures of the American Arbitration Associationan arbitrator. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. b) The arbitrator selected shall have authority to hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within shall issue a decision not later than thirty (30) calendar school days after from the date of the close of the hearing(s), or if oral hearings orhave been waived, if requested by either party, within thirty (30) calendar days then from the date the written briefs final statements and proofs on the issue are submitted to the arbitrator. ivhim/her. The arbitrator’s findings 's decision shall be submitted in writing to the College and to the Union and shall set forth his/her findings of fact, reasoning and conclusions on of the issues submitted. The arbitrator’s arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be consistent without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with existing statuesthe powers, all duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completedconditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. v. Either party may request (4) Provided further that procedural and substantive issues non-renewal of employment contracts shall not be consolidated subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits services of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College Board and the UnionAssociation. Costs of representation and/or witness fees Any other expense incurred shall be borne paid by the party incurring themsame. viid) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The arbitrator Association shall have no power the right to alter, add to, subtract from, disregard or modify grieve in the terms same manner as an individual whenever its grievance is based upon a complaint suffered by the members of this Agreementa unit as a whole. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. A. If the grievance is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of the Level Three (or Optional Level Four) meeting, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. B. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. C. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. iv. D. The arbitrator’s findings shall be submitted in writing to the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statues, all provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. E. Either party may request that procedural and substantive issues be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. F. The fees and expenses of the arbitrator shall be borne equally by the College and the Union. Costs of representation and/or witness fees shall be borne by the party incurring them. vii. G. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. H. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- non-tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article XIV, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.79.7, 10.89.13, 10.9 9.13.2, 9.13.2 #2, and 9.13.3, shall be subject to arbitration.

Level Five. Arbitration i. If the grievance aggrieved person is not settled satisfied with the Board's decision at Level Three (or Optional Level Four), or if no decision has been rendered within ten thirty (1030) work days after the grievance was delivered to the Board, whichever is sooner, the person must request in writing that the president of the Level Three (or Optional Level Four) meetingAssociation submit his/her grievance to arbitration, then within twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration which shall be submitted binding on issues concerning the interpretation of the agreement and in writing all other respects non-binding. If the Association determines that the grievance is meritorious, it may then, within fifteen (15) school days after the receipt of a request by the aggrieved person, submit the grievance to arbitration by service of demand thereof upon the Board through the superintendent. a) A request for a list of arbitrators shall be made to the American Arbitration Association under its voluntary rules. A copy of and/or the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator Public Employment Relations Commission in accordance with the selection procedures of the American Arbitration Associationan arbitrator. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. b) The arbitrator selected shall have authority to hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either party, within shall issue a decision not later than thirty (30) calendar days from the date of the written briefs hearing(s), or if oral hearings have been waived, then from the date the final statements and proofs on the issue are submitted to the arbitrator. ivhim/her. The arbitrator’s findings 's decision shall be submitted in writing to the College and to the Union and shall set forth his/her findings of fact, reasoning and conclusions on of the issues submitted. The arbitrator’s arbitrator shall limit his decision strictly to the application and interpretation of the provisions of the agreement and shall be consistent without authority or power to make any decisions: (1) Contrary to, or inconsistent with, or modifying or varying in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law; (2) Limiting or interfering in any way with existing statuesthe powers, all duties and responsibilities of the Board under applicable law, rules and regulations having the force and effect of law; (3) Involving established Board policy or past practice under the provisions of this Agreement or under applicable law, except that he/she may decide in a particular case that the Board's established policy on past practice affecting terms and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completedconditions of employment was disregarded or that its application under any terms of this Agreement constitutes an abuse of discretion. v. Either party may request (4) Provided further that procedural and substantive issues non-renewal of employment contracts shall not be consolidated subject to arbitration, except as provided Teacher Assistants in Article XIX. c) The costs for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits services of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall be borne equally by the College Board and the UnionAssociation. Costs of representation and/or witness fees Any other expense incurred shall be borne paid by the party incurring themsame. viid) All grievance settlements shall be made in writing and approved by the superintendent at his/her level, or the Board at its level, and the Association. e) The aggrieved person shall follow applicable rules and regulations of the Board while a grievance is pending. f) Any grievance which results from a decision made by the Board can be heard initially at Level Three. Said grievance shall be presented to the superintendent in writing within the same time limit prescribed in Number 5 of this Article. g) The Association shall have the right to grieve in the same manner as an individual whenever its grievance is based upon a complaint suffered by the members of a unit as a whole. RIGHTS AND PROTECTION IN REPRESENTATION 1. Pursuant to Chapter 123, Public Laws of 1974, the Board hereby agrees that every employee of the Board shall have the right to freely organize, join, and support the Association and its affiliates for the purpose of engaging in collective negotiations. The arbitrator Board agrees that it shall not directly or indirectly discourage or deprive or coerce any employee in the enjoyment of any right conferred by Chapter 123, Public Law of 1974, and shall not discriminate against any employee with respect to hours, wages, or any terms or conditions or employment affiliates, his/ her participation in activities of the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. 2. Whenever any employee is required to appear before the Board of Education or any committee, member, representative or agent thereof concerning any matter which could adversely affect the continuation of that employee in his/her office position or employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have no power a representative of the Association present to alter, add to, subtract from, disregard advise him/her and represent him/her during such meeting or modify interview. 3. All Board policies and practices affecting terms and conditions of employment which are in effect as of the terms date of the execution of this Agreementagreement shall remain in force for the term of this agreement. viii4. Because other avenues of redress Except for just cause, an employee shall not be disciplined. Teacher assistants are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluationincluded within this paragraph, provided, however, the evaluation procedures in Article X, shall be subject that teacher assistants may grieve such discipline to Board level only. Teacher assistants may not appeal any grievance under this provision to arbitration. d. Dismissal 5. At no time shall a bus driver be requested to, in any way, supervise or be responsible for sufficient cause or reduction-in-force pupils at any work location except in the event of bargaining unit employees provided an emergency. 6. Any employee shall have the procedures required right to review the contents of his/her personnel file with prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitrationnotice.

Level Five. Arbitration i. If the PR&R Committee and/or the aggrieved person does not feel the grievance is not settled at satisfactorily resolved after Level Three (or Optional Level Four)Four and determines that the grievance involves the interpretation, meaning, or if no decision has been rendered application of any of the provisions of this Agreement, a Board Policy, administrative regulation or practice affecting conditions of employment, it may, by written notice to the Superintendent within fifteen (15) school days after receipt of the request from the aggrieved person, submit the grievance to binding arbitration. If any question arises as to whether a particular dispute involves the interpretation, meaning, or application of any of the provisions of this Agreement, such question will first be ruled upon by the arbitrator selected to hear the dispute. Within ten (10) work school days after such written notice of submission to arbitration, the Superintendent and the PR&R Committee will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten-day (10) period, there may be a request for an arbitration committee to be formed to hear the grievance. This committee shall be selected by the aggrieved person and the PR&R Committee selecting one member, and the Board and administration selecting one member. These two (2) members shall select a third (3) member. The arbitration committee so selected will confer with the representatives of the Level Three (or Optional Level Four) meetingSuperintendent, then within Board, and the PR&R Committee and hold hearings promptly and will issue its decision not later than twenty (20) work days, the Union may file a demand for arbitration. The demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy of the demand shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after from the date of the close of the hearings or, if requested by either partyoral hearings have been waived, within thirty (30) calendar days then from the date the written briefs final statements and proofs are submitted to the arbitrator. ivit. The arbitrator’s findings shall arbitration committee's decision will be submitted in writing to the College and to the Union and shall will set forth its findings of fact, reasoning reasoning, and conclusions on the issues submitted. The arbitrator’s arbitration committee will be without power or authority to make any decision shall be consistent with existing statues, all provisions which requires the commission of an act prohibited by law or which is volatile of the terms of this Agreement and shall be binding on both partiesAgreement. The arbitrator may retain jurisdiction until such time as decision of the award is completed. v. Either party may request that procedural arbitration committee will be submitted to the Superintendent and substantive issues the Association and will be consolidated final and binding upon the parties in interest. The costs of the services for the hearingarbitration committee, provided that including per diem expenses, if any, and its travel and subsistence expenses and the arbitrator shall resolve procedural issues before cost of any hearing the merits of the grievance, unless the parties mutually agree otherwise. vi. The fees and expenses of the arbitrator shall room will be borne equally by the College Board and the UnionAssociation. Costs These costs are to be mutually determined and agreed upon prior to any activity of representation and/or witness fees shall the arbitration committee. All other costs will be borne by the party incurring them. vii. No reprisals of any kind will be taken by the Superintendent or by any member or representative of the administration or the Board against any aggrieved person, any party in interest, any Grievance Representative, any member of the PR&R Committee or any other participant in the grievance procedure by reasons of such participation. The arbitrator aggrieved person may be represented at Level Two and beyond of the grievance procedure by himself/herself, or, at his/her option, by a Grievance Representative, selected by the Association. If the aggrieved person is not represented by the Association, the Association shall have no power the right to alterstate its views at Level Three and beyond of the grievance procedure. If, add toin the judgment of the PR&R Committee, subtract from, disregard a grievance affects a group or modify the terms class of this Agreement. viii. Because other avenues of redress are covered in RCW 28Bteachers, the arbitrator shall have no power PR&R Committee may initiate and submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Three. When it is necessary for a Grievance Representative, member of the PR&R Committee or authority other representative designated by the Association to rule on investigate a grievance or attend a grievance meeting or hearing during the school day, he/she will, upon notice of the principal or immediate superior by the Chairman of the PR&R Committee, be released without loss of pay as necessary order to permit participation in the activities as described above. Any teacher whose appearance in such investigations, meetings, or hearing as a witness is necessary will be accorded the same right. All documents, communications, and records dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the following: a. The termination of service participants. Forms for cause or failure to refiling grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents will be prepared. (Neg. 1975-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.1976)

Level Five. Arbitration i. (a) If the grievance Association does not accept the School Committee Level Three response or if a response is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of given by the Level Three (or Optional Level Four) meeting, then within twenty (20) work daysSchool Committee, the Union Association may file submit the matter to arbitration by filing a written demand for arbitrationwith the American Arbitration Association. The This written demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy must be filed no later than thirty (30) days of receipt of the demand School Committee Level Three response or not later than forty-five (45) days of the day when the School Committee Level Three response was due, whichever is . applicable. Disputes regarding filing for arbitration shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of resolved by reviewing the American Arbitration Association’s time and date stamp. The parties agree that if an extension is requested by either side within the above referenced time limits, such extension will be granted. ii(b) The party seeking arbitration may request a list of arbitrators from the American Arbitration Association. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted The parties will be bound by the Board and/or unfair current rules and inequitable treatment, then only that portion based upon procedures of said Association in the alleged violation selection of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitrationan arbitrator. iii. (c) The arbitrator shall have authority to so selected will confer with the School Committee and the Association and hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within issue his decision not later than thirty (30) calendar days after from the date of the close of the hearings or, if requested by either partyoral hearings have been waived, within thirty (30) calendar days then from the date the written briefs final statements and proofs are submitted to the arbitrator. ivhim. The arbitrator’s findings shall decision will be submitted in writing to the College and to the Union and shall will set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s arbitrator will be without power or authority to make any decision shall which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement nor will he be consistent with existing statuespermitted to interpret the intention of the parties at the time they negotiated said Agreement. The decision of the arbitrator will be submitted to the School Committee and to the Association, and, subject to law, will be final and binding on all disputes arising under the provisions of this Agreement and shall be binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural and substantive issues be consolidated for the hearingAgreement, provided that the arbitrator shall resolve procedural issues before hearing not usurp the merits functions of the grievanceCommittee or the proper exercise of its judgment and discretion under law and this Agreement. Pending the processing of the grievance and the award from the American Arbitration Association and during the term of this Agreement, unless there shall be no stoppage, slowdown, or other interference with work in accordance with Article V (the parties mutually agree otherwiseNo- Strike, No-Lockout Provision) of this Agreement. vi. (d) The fees and expenses costs for the services of the arbitrator shall arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the College School Committee and the Union. Costs of representation and/or witness fees shall be borne by the party incurring themAssociation. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.

Level Five. Arbitration i. (a) If the grievance Association does not accept the School Committee Level Four response or if a response is not settled at Level Three (or Optional Level Four), or if no decision has been rendered within ten (10) work days of given by the Level Three (or Optional Level Four) meeting, then within twenty (20) work daysSchool Committee, the Union Association may file submit the matter to arbitration by filing a written demand for arbitrationwith the American Arbitration Association. The This written demand for arbitration shall be submitted in writing to the American Arbitration Association under its voluntary rules. A copy must be filed no later than thirty (30) days of receipt of the demand School Committee Level Four response or not later than forty-five (45) days from the day when the School Committee Level Three response was due, whichever is applicable. Disputes regarding filing for arbitration shall be submitted to the College President or designee. The College and Union will select the arbitrator in accordance with the selection procedures of resolved by reviewing the American Arbitration Association's time and date stamp. The parties agree that if an extension is requested by either side within the above-referenced time limits, such extension will be granted. ii(b) The party seeking arbitration may request a list of arbitrators from the American Arbitration Association. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted The parties will be bound by the Board and/or unfair current rules and inequitable treatment, then only that portion based upon procedures of said Association in the alleged violation selection of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitrationan arbitrator. iii. (c) The arbitrator shall have authority to so selected will confer with the School Committee and the Association and hold hearings promptly and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within issue his/her decision not later than thirty (30) calendar days after from the date of the close of the hearings or, if requested by either partyoral hearings have been waived, within thirty (30) calendar days then from the date the written briefs final statements and proofs are submitted to the arbitrator. ivhim/her. The arbitrator’s findings shall 's decision will be submitted in writing to the College and to the Union and shall will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s arbitrator will be without power or authority to make any decision shall be consistent with existing statues, all provisions which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement nor will he/she be permitted to interpret the intention of the parties at the time they negotiated said Agreement. The decision of the arbitrator will be submitted to the School Committee and shall to the Association, and, subject to law, will be final and binding on both parties. The arbitrator may retain jurisdiction until such time as the award is completed. v. Either party may request that procedural all disputes arising under Articles I through IV, Articles XIV through XXXI, Appendix A and substantive issues be consolidated for the hearingAppendix B, provided that the arbitrator shall resolve procedural issues before hearing not usurp the merits functions of the grievanceCommittee or the proper exercise of its judgment and discretion under law and this Agreement. On all disputes arising under Article V through XIII, unless the parties mutually agree otherwise. vi. The fees and expenses decision of the arbitrator shall will be final and binding unless the School Committee within seven (7) calendar days after the decision has been rendered, makes a written statement to the Association that it has rejected, by a majority vote of the full School Committee, the opinion of the arbitrator and which sets forth the reasons for its rejection. (d) The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the College School Committee and the Union. Costs of representation and/or witness fees shall be borne by the party incurring themAssociation. vii(e) Teachers subject to discharge and/or suspension must elect between pursuing the grievance arbitration provisions of the collective bargaining agreement or the statutory arbitration procedures outlined in Massachusetts General Laws Chapter 71. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28BOnce one forum is selected, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior other is foreclosed to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitrationteacher.

Level Five. Arbitration i. If No complaint is grievable beyond "Level Four" unless one is claiming an infringement of rights granted under this agreement. The Association may file such an appeal on behalf of a teacher and the grievance is not settled expenses of arbitration are to be borne equally by the Association and the Board of Education. Notice of the Association's intent to invoke arbitration must be given to the Superintendent of Schools within five (5) days of the Association's receipt of the Board's answer at Level Three Four. Within ten (or Optional Level Four)10) days of the filing of the intent to arbitrate, or if no decision has been rendered sooner, the Chairman of the Board of Education or a member of the Board designated by the Chairman shall meet with the Association President and jointly select a Tri-partite Board of Arbitrators. If within ten (10) work days of the Level Three (or Optional Level Four) meetinga joint selection has not been made, then within twenty (20) work days, the Union either party may file a demand for arbitration. The demand for arbitration shall be submitted in writing apply to the American Arbitration Association under its voluntary rulesto select the third Arbitrator. A copy The Arbitrators shall hear and decide only the single issue submitted. They shall be bound by the terms of the demand shall be submitted to the College President or designeeAgreement. The College and Union will select the arbitrator in accordance with the selection procedures of the American Arbitration Association. ii. If a grievance is based upon an alleged violation of this Agreement and/or written College policies, regulations and rules adopted by the Board and/or unfair and inequitable treatment, then only that portion based upon the alleged violation of this Agreement, which is initiated consistent within time limits herein established prior to the expiration of this Agreement, shall be subject to arbitration. iii. The arbitrator shall have authority to hold hearings and make procedural rules. The College and the Union request and expect that the arbitrator’s findings will be issued within thirty (30) calendar days after the date of the close of the hearings or, if requested by either partyArbitrators shall, within thirty (30) calendar days from the date the written briefs are submitted to the arbitrator. ivof their hearing, render a decision, in writing, setting forth facts found and their decision. The arbitrator’s findings decision of the Arbitrators shall be submitted in writing to binding and final as provided by law. Copies of the College and to the Union and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator’s decision shall be consistent with existing statuesrendered to the Board, all provisions the Association and the aggrieved. Hearings held in the case of this Agreement and arbitration shall be binding on held at a time and a place affording a fair and reasonable opportunity for all involved to attend. If it is mutually agreed by both partiesparties to hold the hearing during school hours, then all who participate shall be excused for that purpose, without loss of pay. The arbitrator may retain jurisdiction until such Failure by the aggrieved teacher at any level to appeal a grievance to the next level within the specified time as limits shall be deemed to be an acceptance of the award is completed. v. Either party may request decision rendered at that procedural and substantive issues level. Failure by the Administration to render his/her decision within specified time limits shall be consolidated for the hearing, provided that the arbitrator shall resolve procedural issues before hearing the merits deemed to be a denial of the grievance. Any party in interest may be represented at Levels Four and Five of the formal grievance procedure by a counsel of his own choosing, unless except that he may not be represented by a representative or an officer of any teacher organization other than the Association. Since the purpose of a grievance procedure is to assure communication to all levels and to provide a means for settling difficulties (thus promoting understanding and high morale), it is to be understood that no reprisals of any kind are to be taken by any parties mutually agree otherwise. viagainst those who seek to use the grievance procedure or who are participants in any portion of any grievance proceeding. Any policy established by the Administration that adversely affects an Association member, or any constructive suggestion that any Association member wishes to make will be processed in an informal manner up to and including the Board of Education. This procedure shall be null and void whenever an aggrieved party files for remedial action with any Governmental body, court or board other than those participants and Board outlined in this procedure. This clause applies to the grievance being processed only and in no way prohibits any grievance on other matters. If the grievance occurs as the result of an action of other than the teacher's immediate superior or affects a group of, or class of, teachers, the grievance may be processed immediately at the level at which it occurs. The fees and expenses informal meeting at this step will take place first, however. The Association may, if it so desires, call upon the professional services of the arbitrator shall be borne equally Connecticut Education Association for consultation and assistance at any stage in the procedure. Participation in the grievance procedure by the College and CEA must be at or above the Union. Costs of representation and/or witness fees shall be borne by the party incurring themSuperintendent level. vii. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify the terms of this Agreement. viii. Because other avenues of redress are covered in RCW 28B, the arbitrator shall have no power or authority to rule on any of the following: a. The termination of service for cause or failure to re-employ any non- tenured probationary employee. b. The termination of services or failure to re-employ any part-time employee. c. Employee evaluation, provided, however, the evaluation procedures in Article X, shall be subject to arbitration. d. Dismissal for sufficient cause or reduction-in-force of bargaining unit employees provided the procedures required prior to the issuance of formal notice Articles 10.7, 10.8, 10.9 shall be subject to arbitration.