Common use of Level IV - Arbitration Clause in Contracts

Level IV - Arbitration. 6.5.1 If not satisfied with the decision at Level III, the grievant may submit a written request for arbitration to the Superintendent. No grievant may proceed to Level IV without the consent of the Association. The grievance is resolved if a written request for arbitration is not submitted within ten (10) days after the receipt of the Superintendent's decision, if the Superintendent fails to render a decision within eighteen (18) days of the Superintendent's receipt of the appeal or any amendment thereof. 6.5.2 Only issues, which were processed and handled in accordance with the grievance procedure of this Article 6, are subject to arbitration. 6.5.3 Within ten (10) days of receipt of the request for arbitration, the Superintendent shall request the California State Conciliation Service to supply a panel of seven (7) names of persons experienced in hearing grievances in the public sector. Within five (5) days after receipt of the list of names, the Association and the Superintendent, or the Superintendent's designee, shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. In the event the Association does not appear for the striking process within the allotted five (5) days, the grievance is deemed to be resolved. 6.5.4 Within seven (7) days of the selection of the arbitrator, the Superintendent or the Superintendent's designee and the grievant shall attempt to agree upon the issue or issues to be submitted to the arbitrator and this Agreement shall be reduced to writing. If they are unable to agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each level. 6.5.5 In the event there is a dispute between the District and the grievant as to the arbitrability of any issue or issues, the question of arbitrability shall be determined prior to a resolution of the substantive issue or issues. That determination shall be made by an arbitrator who will resolve the issue of arbitrability and who shall not be the same arbitrator who hears and resolves the substantive issues of the grievance, unless the parties to the grievance mutually agree, after the determination of the arbitrability, that the same arbitrator shall hear and resolve the substantive issues. The selection of a second arbitrator to hear the substantive issue or issues shall be postponed until after the determination of arbitrability and shall be made in accordance with the above procedures, unless the parties mutually agree to have the arbitrator who made the determination regarding arbitrability also hear the substantive issues. 6.5.6 In the event the issue, or issues, is determined to be arbitrable, the grievance shall be referred to the Superintendent or the Superintendent's designee for reconsideration of the decision in accordance with the provision of Level III, prior to the selection of a second arbitrator. 6.5.7 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, except release time provided for the grievant and his or her representative, shall be borne by the parties incurring them. 6.5.8 The arbitrator shall afford the District and the grievant a reasonable opportunity to present evidence, witnesses and arguments. The arbitrator shall render a written decision on the issue, or issues, submitted to the arbitrator as soon as possible after the close of the hearing, or if an oral hearing has been waived, after the final submission of written evidence and final statements. 6.5.9 The District and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions he or she expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement, or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the administration to do an act prohibited by law, or in violation of this Agreement, or that involves the exercise of discretion by the District under the provisions of this Agreement or applicable law. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. 6.5.10 The decision of the arbitrator, within the limits prescribed, shall be final and binding upon the parties to the dispute. 6.5.11 Unless the parties mutually agree to share the expenses, the cost of the services and expenses of the court reporter shall be paid by the party requesting same. If, however, one of the parties declines to share the expenses of the court reporter and subsequently requests a transcript of the arbitration proceedings or a copy thereof, that party shall be required to reimburse the other party one-half (1/2) of the cost of the court reporter's services and expenses. The cost of any transcript, or any copy thereof, requested by either party shall be borne by the party requesting same. 6.5.12 A reasonable number of relevant employee witnesses shall be provided release time without loss of pay for the purpose of testifying at the arbitration hearing, provided all such employee witnesses shall be allowed to be placed on an on-call status and required to attend the arbitration hearing for only so long as his or her testimony is taken. The cost of any substitute employee to fill the position during the member's absence for this purpose shall be paid by the party requesting the presence of the witness. 6.5.13 By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.

Level IV - Arbitration. 6.5.1 If not satisfied with the decision at Level III, the grievant may submit a written request for arbitration to the Superintendent. No grievant may proceed to Level IV without the consent of the Association. The grievance is resolved if a written request for arbitration is not submitted within ten (10) days after the receipt of the Superintendent's decision, if the Superintendent fails to render a decision within eighteen (18) days of the Superintendent's receipt of the appeal or any amendment thereof. 6.5.2 Only issues, which were processed and handled in accordance with the grievance procedure of this Article 6, are subject to arbitration. 6.5.3 Within ten (10) days of receipt of the request for arbitration, the Superintendent shall request the California State Conciliation Service to supply a panel of seven (7) names of persons experienced in hearing grievances in the public sector. Within five (5) days after receipt of the list of names, the Association and the Superintendent, or the Superintendent's designee, shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. In the event the Association does not appear for the striking process within the allotted five (5) days, the grievance is deemed to be resolved. 6.5.4 Within seven (7) days of the selection of the arbitrator, the Superintendent or the Superintendent's designee and the grievant shall attempt to agree upon the issue or issues to be submitted to the arbitrator and this Agreement shall be reduced to writing. If they are unable to agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each level. 6.5.5 In the event there is a dispute between the District and the grievant as to the arbitrability of any issue or issues, the question of arbitrability shall be determined prior to a resolution of the substantive issue or issues. That determination shall be made by an arbitrator who will resolve the issue of arbitrability and who shall not be the same arbitrator who hears and resolves the substantive issues of the grievance, unless the parties to the grievance mutually agree, after the determination of the arbitrability, that the same arbitrator shall hear and resolve the substantive issues. The selection of a second arbitrator to hear the substantive issue or issues shall be postponed until after the determination of arbitrability and shall be made in accordance with the above procedures, unless the parties mutually agree to have the arbitrator who made the determination regarding arbitrability also hear the substantive issues. 6.5.6 In the event the issue, or issues, is determined to be arbitrable, the grievance shall be referred to the Superintendent or the Superintendent's designee for reconsideration of the decision in accordance with the provision of Level III, prior to the selection of a second arbitrator. 6.5.7 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, except release time provided for the grievant and his or her representative, shall be borne by the parties incurring them. 6.5.8 The arbitrator shall afford the District and the grievant a reasonable opportunity to present evidence, witnesses and arguments. The arbitrator shall render a written decision on the issue, or issues, submitted to the arbitrator as soon as possible after the close of the hearing, or if an oral hearing has been waived, after the final submission of written evidence and final statements. 6.5.9 The District and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions he or she expresses they express will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement, or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the administration to do an act prohibited by law, or in violation of this Agreement, or that involves the exercise of discretion by the District under the provisions of this Agreement or applicable law. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. 6.5.10 The decision of the arbitrator, within the limits prescribed, shall be final and binding upon the parties to the dispute. 6.5.11 Unless the parties mutually agree to share the expenses, the cost of the services and expenses of the court reporter shall be paid by the party requesting same. If, however, one of the parties declines to share the expenses of the court reporter and subsequently requests a transcript of the arbitration proceedings or a copy thereof, that party shall be required to reimburse the other party one-half (1/2) of the cost of the court reporter's services and expenses. The cost of any transcript, or any copy thereof, requested by either party shall be borne by the party requesting same. 6.5.12 A reasonable number of relevant employee witnesses shall be provided release time without loss of pay for the purpose of testifying at the arbitration hearing, provided all such employee witnesses shall be allowed to be placed on an on-call status and required to attend the arbitration hearing for only so long as his or her testimony is taken. The cost of any substitute employee to fill the position during the member's absence for this purpose shall be paid by the party requesting the presence of the witness. 6.5.13 By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.

Level IV - Arbitration. 6.5.1 If not satisfied with the decision at Level III, the grievant may submit a written request a. Grievances filed for arbitration following both parties’ ratification of this Agreement through the expiration date of this Agreement shall be submitted for hearing to a Permanent Arbitrator. The parties appoint ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ to serve as Permanent Arbitrator during the foregoing period, subject to the Superintendentprovisions in b. below. No grievant may proceed This appointment is subject to Level IV without its acceptance by the consent of the AssociationPermanent Arbitrator. The grievance is resolved if a written request Grievances filed for arbitration is not submitted within ten (10) days after the receipt prior to both parties’ ratification of the Superintendent's decision, if the Superintendent fails to render a decision within eighteen (18) days of the Superintendent's receipt of the appeal or any amendment thereof. 6.5.2 Only issues, which were this Agreement shall be processed and handled in accordance with the grievance procedure of prior Agreement. Grievances under this Article 6, are subject to arbitrationAgreement shall be normally heard in the order that they were filed for arbitration unless the parties mutually agree otherwise. 6.5.3 Within ten (10) days of receipt of the request for arbitration, the Superintendent shall request the California State Conciliation Service to supply a panel of seven (7) names of persons experienced in hearing grievances in the public sector. Within five (5) days after receipt of the list of names, the Association and the Superintendent, or the Superintendent's designee, shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. b. In the event that (1) the Association does appointment is not appear accepted by the Permanent Arbitrator, or (2) the Permanent Arbitrator becomes unavailable, for the striking process within the allotted five (5) daysany reason, to hear cases for a period of 4 months or more, the grievance is deemed to be resolved. 6.5.4 Within seven (7) days of the selection of the arbitrator, the Superintendent or the Superintendent's designee and the grievant parties shall attempt to agree upon a successor Permanent Arbitrator during the issue or issues next thirty day period. If no agreement is reached, the parties will use the procedures of the Voluntary Labor Arbitration Rules of the American Arbitration Association to select arbitrators to hear grievance disputes on a case-by-case basis. The Permanent Arbitrator may be submitted replaced at any time upon mutual agreement of the parties. c. If an arbitrability question exists, a two-stage hearing will be required. The parties, pursuant to the procedures described herein, shall select an arbitrator to convene a formal hearing and this Agreement render a written decision relative to the question of arbitrability. 1. If the grievance is found not arbitrable, the grievance shall be reduced to writingdeemed null and void. 2. If they are unable to agree upon a submission agreementthe grievance is found arbitrable, the arbitrator shall determine hear the issues by referring to the written grievance and the answers thereto at each level. 6.5.5 In the event there is a dispute between the District and the grievant as to the arbitrability of any issue or issues, the question of arbitrability shall be determined prior to a resolution of the substantive issue or issues. That determination shall be made by an arbitrator who will resolve the issue of arbitrability and who shall not be the same arbitrator who hears and resolves the substantive issues merits of the grievance, unless . This provision shall not prohibit the parties from mutually agreeing to address both the arbitrability and merits of the grievance in one hearing, or from mutually agree, after the determination of the arbitrability, that the same arbitrator shall hear and resolve the substantive issues. The selection of agreeing to select a second arbitrator to hear the substantive issue or issues merits of the grievance. 3. Nothing contained herein shall be postponed until after the determination of arbitrability and shall be made in accordance with the above procedures, unless prevent the parties mutually agree to have the arbitrator who made the determination regarding arbitrability also hear the substantive issues. 6.5.6 In the event the issue, or issues, is determined to be arbitrable, from settling the grievance shall be referred to the Superintendent or the Superintendent's designee for reconsideration of the decision in accordance with the provision of Level III, prior to the selection of a second arbitratorarbitration hearing. 6.5.7 4. The fees arbitrator's decision on arbitrability shall be in writing and expenses shall set forth his/her findings, reasonings, and conclusions on the issues submitted. d. At least twenty-one (21) days prior to the scheduled date of arbitration, there shall be a pre-arbitration conference at which representatives of the parties shall discuss issue statements, documents and evidence to be presented at the hearing. e. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply at Level IV, except when the specific language of this Agreement is in conflict, in which case the specific language of the Agreement shall apply. f. It shall be the function of the arbitrator and to rule on the hearing shall be borne equally by the District and the Association. All other expenses, except release time provided for the grievant and his or her representative, shall be borne by the parties incurring them. 6.5.8 The arbitrator shall afford the District and the grievant a reasonable opportunity to present evidence, witnesses and argumentsspecific grievance. The arbitrator shall render a written decision on the issue, or issues, submitted be subject to the arbitrator as soon as possible after following limitations: 1. The arbitrator's awards shall be based solely upon the close of the hearing, or if an oral hearing has been waived, after the final submission of written evidence and final statementsarguments appropriately presented in the hearing and upon any post-hearing briefs. 6.5.9 The District and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions he or she expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties2. The arbitrator shall have no authority power to alter, add to, subtract detract from, alter, amend, or modify any amend the provisions of this Agreement, or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision that recommendation which requires the District or the administration to do commission of an act prohibited by law, or in violation which is violative of this Agreement, or that involves the exercise of discretion by the District under the provisions of this Agreement or applicable law. The arbitrator shall have no power to render an award on any grievance occurring before or after the term specific terms and conditions of this Agreement. 6.5.10 3. The decision arbitrator shall not consider any issue not raised by the parties at Level III of this Agreement. 4. An arbitrator shall not make an award which will supersede the substance of the President's professional judgment. An arbitrator shall not make awards concerning the amount, or granting or denial of performance pay, nor shall he/she have authority to order monetary relief in any grievance concerning the performance pay program. 5. The award of the arbitrator may or may not include back pay provided, however, that any back pay award shall not be in excess of twenty-four (24) months salary less the difference of any compensation including unemployment benefits that the employee received. Under no circumstances may interest be included in an award. 6. The standard of review for the arbitrator is whether the CSU violated a specific term of the Agreement. 7. The arbitrator's decision on the merits shall be in writing and shall set forth his/her findings, reasonings, and conclusions on the issues submitted. 8. A final decision or award of the arbitrator shall be made within thirty (30) calendar days of the limits prescribed, close of the hearing. g. The arbitrator's award shall be final and binding upon the parties to the disputeboth parties. 6.5.11 Unless the parties mutually agree to share the expenses, the cost of the services and expenses of the court reporter h. Each party shall be paid by the party requesting same. If, however, one of the parties declines to share bear the expenses of the court reporter preparing and subsequently requests a transcript of the arbitration proceedings or a copy thereofpresenting its own case. Expenses, that party shall be required to reimburse the wages, and other party one-half (1/2) of the cost of the court reporter's services and expenses. The cost compensation of any transcript, or any copy thereof, requested by either party witnesses called before the arbitrator shall be borne by the party requesting same. 6.5.12 A reasonable number of relevant employee witnesses shall be provided release time without loss of pay for the purpose of testifying at the arbitration hearing, provided all calling such employee witnesses shall be allowed to be placed on an on-call status and required to attend the arbitration hearing for only so long as his or her testimony is takenwitnesses. The cost for the services of any substitute employee to fill the position during the member's absence for this purpose arbitrator shall be paid borne equally by the party requesting parties. i. Upon appointment, the presence Arbitrator shall have authority to rule on pre- and post- hearing procedural disputes between the parties, including hearing continuances and/or extensions of briefing schedules. Such decisions shall be in writing and made on a case- by-case basis based on the facts of the witnesssituation. 6.5.13 By filing j. Except as provided in this Provision 10.6j, all hearings shall be held on the campus on which the formal Level I grievance arose and was filed. The following types of hearings shall, at the request of either party, be held at a mutually agreeable location in the Los Angeles area: (1) arbitrability hearings that do not involve any campus witnesses (excluding APC stewards and the campus Employee Relations Designee), and (2) arbitrability or merits hearings for a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend accepted by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdictionChancellor’s Office as a systemwide grievance.

Level IV - Arbitration. 6.5.1 1) If the grievant is not satisfied with the decision disposition of his/her grievance at Level III, the grievant may submit a written request for arbitration to the Superintendent. No grievant may proceed to Level IV without the consent of the Association. The grievance is resolved if a written request for arbitration is not submitted he/she may, within ten (10) school days after a decision by the receipt Board, request arbitration with the written approval of the Superintendent's decision, if the Superintendent fails to render a decision within eighteen Association. 2) Within fifteen (1815) days after such written notice of the Superintendent's receipt of the appeal or any amendment thereof. 6.5.2 Only issues, which were processed and handled in accordance with the grievance procedure of this Article 6, are subject submission to arbitration. 6.5.3 Within ten (10) days of receipt of the request for arbitration, the Superintendent shall request the California State Conciliation Service to supply a panel of seven (7) names of persons experienced in hearing grievances in the public sector. Within five (5) days after receipt of the list of names, Board and the Association and the Superintendent, or the Superintendent's designee, shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. In the event the Association does not appear for the striking process within the allotted five (5) days, the grievance is deemed to be resolved. 6.5.4 Within seven (7) days of the selection of the arbitrator, the Superintendent or the Superintendent's designee and the grievant shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the issue parties are unable to agree upon an arbitrator or issues to obtain a commitment of an arbitrator to serve within the specified period, the Association may request a list of five (5) arbitrators qualified under the American Arbitration Association to be submitted to furnished from the Employment Relations Board. The parties shall then select an arbitrator and this Agreement shall be reduced to writingfrom that list by such methods as they may mutually determine. If they are unable to agree upon a submission agreementmethod, then the arbitrator shall determine the issues by referring to the written grievance grievant and the answers thereto at each level. 6.5.5 In Association shall strike the event there is a dispute between first name objectionable to it and the District and shall strike the grievant as first name objectionable to it. This method of alternately striking names shall continue until the arbitrability of any issue or issues, final name left on the question of arbitrability list shall be determined prior to a resolution of the substantive issue or issues. That determination shall be made by an arbitrator who will resolve the issue of arbitrability and who shall not be the same arbitrator who hears and resolves the substantive issues of the grievance, unless the parties to the grievance mutually agree, after the determination of the arbitrability, that the same arbitrator shall hear and resolve the substantive issues. The selection of a second arbitrator to hear the substantive issue or issues shall be postponed until after the determination of arbitrability and shall be made in accordance with the above procedures, unless the parties mutually agree to have the arbitrator who made the determination regarding arbitrability also hear the substantive issues. 6.5.6 In the event the issue, or issues, is determined to be arbitrable, the grievance shall be referred to the Superintendent or the Superintendent's designee for reconsideration of the decision in accordance with the provision of Level III, prior to the selection of a second arbitrator. 6.5.7 3) The fees and expenses conduct of the arbitrator and the arbitration hearing shall be borne equally by held pursuant to the District and Voluntary Labor Arbitration Rules of the American Arbitration Association. All other expenses, except release time provided for the grievant and his or her representative, shall be borne by the parties incurring them. 6.5.8 The arbitrator shall afford the District and the grievant a reasonable opportunity to present evidence, witnesses and arguments. The arbitrator shall render hold a written hearing promptly and shall issue his/her decision on no later than thirty (30) calendar days from the issue, or issues, submitted to the arbitrator as soon as possible after date of the close of the hearing, or or, if an oral hearing has hearings have been mutually waived, after then from the date that final submission settlements and proofs on the grievance issues are submitted in writing to him/her. The arbitrator’s decision shall be in writing and shall set forth his/her findings of written evidence fact, reasoning and final statements. 6.5.9 The District and conclusions on the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions he or she expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the partiesissues submitted. The arbitrator shall have no authority to may not add to, subtract from, alter, amend, or modify any provisions of this Agreement, or impose any limitations or obligations not specifically provided for under amend the terms of this Agreement. The arbitrator Agreement and shall be without power or authority to make any decision that which requires the District or the administration to do commission of an act prohibited by law, law or in violation which violates the terms of this Agreement, or that involves . Insofar as the exercise of discretion by the District under the provisions of this Agreement or applicable law. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. 6.5.10 The decision of the arbitrator, arbitrator is within the limits prescribedscope of his/her authority as described above and is based on substantial evidence, his/her decision shall be final and binding upon the parties to grievant, the disputeAssociation, and the District. 6.5.11 Unless the parties mutually agree to share the expenses, the cost 4) The costs of the services and expenses of the court reporter shall be paid by the party requesting same. If, however, one of the parties declines to share the expenses of the court reporter and subsequently requests a transcript of the arbitration proceedings or a copy thereof, that party shall be required to reimburse the other party one-half (1/2) of the cost of the court reporter's services and expenses. The cost of any transcript, or any copy thereof, requested by either party arbitrator shall be borne equally by the party requesting same. 6.5.12 A reasonable number of relevant employee witnesses Association and the District. Other expenses incurred by the District or the Association shall be provided release time without loss the responsibility of pay for the purpose of testifying at the arbitration hearing, provided all such employee witnesses shall be allowed to be placed on an on-call status and required to attend the arbitration hearing for only so long as his or her testimony is taken. The cost of any substitute employee to fill the position during the member's absence for this purpose shall be paid by the party requesting the presence of the witnessincurring it. 6.5.13 By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.

Level IV - Arbitration. 6.5.1 If 4.4.4.1 In the event that the grievant, the Association, and the Superintendent or his/her designee have not satisfied resolved the grievance with the decision at Level IIIassistance of the mediator within ten (10) working days from the last meeting held with the mediator, the Association may at its sole discretion, proceed to arbitration. A grievant who wishes to have her or his matter heard by an arbitrator, may submit a written request for arbitration to the Superintendent. No grievant may proceed to Level IV without the consent of the Association. The grievance is resolved if a written request for arbitration is not submitted Association within ten (10) days after the receipt of the Superintendent's decision, if the Superintendent fails to render a decision within eighteen (18) working days of the Superintendent's receipt of the appeal or any amendment thereof. 6.5.2 Only issues, which were processed and handled in accordance last meeting held with the grievance procedure of this Article 6District and the mediator. If the Association concurs with the grievant’s request for arbitration, are subject to arbitration. 6.5.3 Within the Association shall, within ten (10) working days of after receipt of the request for arbitration, submit a request in writing to the Superintendent for arbitration of the dispute, and the District shall join in the request. Such request must be made within thirty (30) days of the decision at Level III. Failure to meet the time limit shall constitute an ultimate withdrawal of the grievance and the grievance shall be deemed resolved. 4.4.4.2 The Association and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, the parties shall request from the California State Conciliation Service to supply American Arbitration Association, a panel list of seven (7) names of persons experienced in hearing grievances in the public sectorqualified arbitrators. Within five (5) days after receipt of the list of names, The District and the Association and the Superintendent, or the Superintendent's designee, shall alternately strike a name until only one name remains. The remaining panel member shall be names from the arbitrator. The list, with the order of striking shall be being determined by lot. In the event the Association does not appear for The last person whose name remains after the striking process within procedure shall be the allotted five (5) days, the grievance is deemed to be resolvedArbitrator. 6.5.4 Within seven (7) days of the selection of the arbitrator4.4.4.3 The Arbitrator shall, the Superintendent or the Superintendent's designee as soon as possible, hear evidence and the grievant shall attempt to agree upon render a decision on the issue or issues to be that were submitted to the arbitrator and this Agreement shall be reduced to writingarbitration. If they are unable to the parties cannot agree upon a submission agreement, the arbitrator Arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each level. 6.5.5 In . If either party raises an issue of arbitrability, such party raising the event there is a dispute between the District and the grievant as issue may request, by written notice to the arbitrability of any issue or issues, the question of arbitrability shall be determined prior to a resolution other party 48 hours in advance of the substantive hearing, a separate hearing on the issue or issuesof arbitrability. That determination shall Such decision may, upon agreement of the parties, consist of a decision without written opinion. No hearing on the merits of the case will be made by an arbitrator who will resolve conducted until the issue of arbitrability has been decided. 4.4.4.4 After a hearing and who after both parties have had an opportunity to make written arguments, the Arbitrator shall not be the same arbitrator who hears and resolves the substantive issues submit in writing to all parties copies of the grievance, unless the parties to the grievance mutually agree, after the determination of the arbitrability, that the same arbitrator shall hear and resolve the substantive issues. The selection of a second arbitrator to hear the substantive issue or issues shall be postponed until after the determination of arbitrability and shall be made in accordance with the above procedures, unless the parties mutually agree to have the arbitrator who made the determination regarding arbitrability also hear the substantive issuesaward. 6.5.6 In the event the issue, or issues, is determined to be arbitrable, the grievance shall be referred to the Superintendent or the Superintendent's designee for reconsideration of the decision in accordance with the provision of Level III, prior to the selection of a second arbitrator. 6.5.7 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, except release time provided for the grievant and his or her representative, shall be borne by the parties incurring them. 6.5.8 The arbitrator shall afford the District and the grievant a reasonable opportunity to present evidence, witnesses and arguments. The arbitrator shall render a written decision on the issue, or issues, submitted to the arbitrator as soon as possible after the close of the hearing, or if an oral hearing has been waived, after the final submission of written evidence and final statements. 6.5.9 4.4.4.5 The District and the Association agree that the jurisdiction and authority of the arbitrator Arbitrator so selected and the opinions he or he/she expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator Arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement, the Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator Arbitrator shall be without power or authority to make any decision that requires the District or the administration Association to do an act prohibited by law, or in violation of this Agreement, Agreement or that involves the exercise of discretion by the District under the provisions of this Agreement or applicable law. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. 6.5.10 The decision of the arbitratorArbitrator, within the limits prescribed, shall be final and binding upon the parties to the dispute, except as provided by law. 6.5.11 4.4.4.6 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 parties incurring them. Unless the parties mutually agree to share the expenses, the cost of the services and expenses of the court reporter shall be paid by the party requesting same. If, however, one of the parties declines to share the expenses of the court reporter and subsequently requests a transcript of the arbitration proceedings or a copy thereof, that party shall be required to reimburse the other party one-half (1/2) of the cost of the court reporter's services and expenses. The cost of any transcript, or any copy thereof, requested by either party shall be borne by the party requesting same. 6.5.12 A reasonable number of relevant employee witnesses shall be provided release time without loss of pay for the purpose of testifying at the arbitration hearing, provided all such employee witnesses shall be allowed to be placed on an on-call status and required to attend the arbitration hearing for only so long as his or her testimony is taken. The cost of any substitute employee to fill the position during the member's absence for this purpose shall be paid by the party requesting the presence of the witness. 6.5.13 By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.

Level IV - Arbitration. 6.5.1 If not satisfied with the decision at Level III, the grievant may submit a written request for arbitration to the Superintendent. No grievant may proceed to Level IV without the consent of the Association. The grievance is resolved if a written request for arbitration is not submitted within ten (10) days after the Upon receipt of the Superintendent's decision, if the Superintendent fails to render a decision within eighteen (18) days of the Superintendent's receipt of the appeal or any amendment thereof. 6.5.2 Only issues, which were processed and handled in accordance with the grievance procedure of this Article 6, are subject to arbitration. 6.5.3 Within ten (10) days of receipt of the request for arbitration, the Superintendent Parties shall request the California State Conciliation Service to supply a panel of seven (7) names of persons experienced in hearing grievances in names. The Parties shall select the public sectorarbitrator from that panel by alternately crossing out names. Within five (5) The Association and District shall alternate the first strike. This procedure is not intended to preclude the Parties' mutually agreeing upon an arbitrator prior to requesting a panel from the above conciliation services. The parties may mutually agree to use expedited arbitration. The arbitration date will be scheduled no sooner than sixty calendar days from the filing for Level IV. This time period will be available if either party decides to request mediation. 9.3.6.1 As soon as possible after receipt of the list of nameshis/her selection, the Association arbitrator shall schedule a hearing wherein relevant testimony and the Superintendent, or the Superintendent's designee, shall alternately strike a name until only one name remainsdocumentary evidence may be introduced. The remaining panel member parties shall be supply the arbitrator. The order arbitrator with a written submission of striking shall be determined by lot. In the event the Association does not appear for the striking process within the allotted five (5) days, the grievance is deemed to be resolved. 6.5.4 Within seven (7) days of the selection of the arbitrator, the Superintendent or the Superintendent's designee and the grievant shall attempt to agree upon the issue or issues to be submitted heard. If there is an issue of arbitrability, it shall first be presented to and decided by the arbitrator and this Agreement prior to a hearing and/or decision on the substantive merits. 9.3.6.2 The arbitrator's decision shall be reduced final and binding upon the parties, shall be in writing and shall set forth his/her findings of fact, his/her reasoning, conclusions, and remedy. The arbitrator's authority shall be limited to writing. If they are unable to agree upon a submission agreement, deciding the issues submitted by the parties; the arbitrator shall determine have no power or authority to add to, subtract from, alter, delete, amend, or modify the issues by referring to terms of this Agreement. 9.3.6.3 All costs for the written grievance services of the arbitrator, including, but not limited to, per diem expenses, travel, subsistence expenses, and the answers thereto at each level. 6.5.5 In the event there is a dispute between the District and the grievant as to the arbitrability cost of any issue or issues, the question of arbitrability shall be determined prior to a resolution of the substantive issue or issues. That determination shall be made by an arbitrator who hearing room will resolve the issue of arbitrability and who shall not be the same arbitrator who hears and resolves the substantive issues of the grievance, unless the parties to the grievance mutually agree, after the determination of the arbitrability, that the same arbitrator shall hear and resolve the substantive issues. The selection of a second arbitrator to hear the substantive issue or issues shall be postponed until after the determination of arbitrability and shall be made in accordance with the above procedures, unless the parties mutually agree to have the arbitrator who made the determination regarding arbitrability also hear the substantive issues. 6.5.6 In the event the issue, or issues, is determined to be arbitrable, the grievance shall be referred to the Superintendent or the Superintendent's designee for reconsideration of the decision in accordance with the provision of Level III, prior to the selection of a second arbitrator. 6.5.7 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, except release time provided for the grievant and his or her representative, shall be borne by the parties incurring them. 6.5.8 The arbitrator shall afford the District and the grievant a reasonable opportunity to present evidence, witnesses and arguments. The arbitrator shall render a written decision on the issue, or issues, submitted to the arbitrator as soon as possible after the close of the hearing, or if an oral hearing has been waived, after the final submission of written evidence and final statements. 6.5.9 The District and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions he or she expresses costs will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement, or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the administration to do an act prohibited by law, or in violation of this Agreement, or that involves the exercise of discretion by the District under the provisions of this Agreement or applicable law. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. 6.5.10 The decision of the arbitrator, within the limits prescribed, shall be final and binding upon the parties to the dispute. 6.5.11 Unless the parties mutually agree to share the expenses, the cost of the services and expenses of the court reporter shall be paid by the party requesting same. If, however, one of the parties declines to share the expenses of the court reporter and subsequently requests a transcript of the arbitration proceedings or a copy thereof, that party shall be required to reimburse the other party one-half (1/2) of the cost of the court reporter's services and expenses. The cost of any transcript, or any copy thereof, requested by either party shall be borne by the party requesting same. 6.5.12 A reasonable number of relevant employee witnesses incurring them. If the parties jointly request a transcript, they shall be provided release time without loss of pay for equally bear the purpose of testifying at the arbitration hearing, provided all such employee witnesses shall be allowed to be placed on an on-call status and required to attend the arbitration hearing for only so long as his or her testimony is taken. The cost of any substitute employee to fill the position during the member's absence for this purpose shall be paid by thereof; otherwise the party requesting the presence of the witness. 6.5.13 By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by transcript shall pay for it. The parties intend that this grievance/arbitration procedureclause be the exclusive procedure for resolving alleged violations, misinterpretations or misapplications of this Agreement. The processing This does not preclude the parties from seeking to modify, vacate, or confirm the award pursuant to applicable Code of a grievance beyond Level III shall constitute an express election on the part Civil Procedure sections. Judicial confirmation of the grievant that award is not a condition precedent to voluntarily complying with the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdictionaward.