Common use of Level IV Clause in Contracts

Level IV. Arbitration 1) If the Association is not satisfied with the disposition of the grievance at Level III, or if the time limits expire without issuance of the Superintendent’s written reply, the Association within twenty (20) days may submit the grievance to arbitration. In such cases the parties shall attempt to mutually agree upon an arbitrator. Should the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitrator. 2) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator. 3) The arbitrator shall have no authority to add to, to subtract from, or modify the terms of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) If In the Association event the grievance is not satisfied with the disposition of the grievance satisfactorily adjusted at Level III, or if the time limits expire without issuance of the Superintendent’s written reply, only the Association within twenty (20) days may submit a request, in writing, to the Superintendent or designee that the grievance be submitted to arbitration. In such cases The request shall be made within ten (10) days of the parties receipt of the response at Level III or the failure of the Superintendent or designee to timely respond. The Superintendent or designee and the Association shall attempt to select a mutually acceptable arbitrator. If the Superintendent or designee and the Association are unable to agree upon an arbitrator. Should , the parties be unable to mutually agree on an arbitrator, either party may shall request a list of arbitrators from the California State Mediation and Conciliation Service for Service. The selection of the purposes of striking arbitrator from the list to shall be made by the alternate striking method. 8.3.4.1 In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a recommended decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the arbitratorissue(s) by discussions with the parties and by referring to the written grievance and the answers thereto at each step. 2) 8.3.4.2 If any question arises as to regarding the arbitrability of a grievance, the arbitrator shall make a determination on this issue prior to hearing the merits of the grievance, such question will be ruled upon by unless the arbitratorarbitrator determines otherwise. 3) 8.3.4.3 After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit his/her written recommended findings. 8.3.4.4 The arbitrator shall have no authority power to add to, to subtract from, or modify the terms of this agreementAgreement, nor shall the arbitrator be empowered to render a decision on issue(s) not before the arbitrator, or on facts not supported by the evidence. 8.3.4.5 The fees and expenses of the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of be borne equally by the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District Employer and the Association. 5) A representative of the Association and the District’s representative 8.3.4.6 The County Superintendent shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be accept or reject the arbitrator. The process of striking names shall occur 's recommendations within ten (10) days of receipt the arbitrator's submission of his/her findings of fact and conclusions to the Superintendent or designee and the Association. The decision of the list by both parties. 6) Once the arbitrator has been selected, hearings Superintendent shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy , subject to established right of the award will be submitted to the Superintendent, the aggrieved and the Associationjudicial review. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) If the Association grievant is not satisfied with the disposition of the grievance decision at Level III, he/she may within five (5) days submit a request in writing to the Superintendent for “Mediated Arbitration”, which is non-binding on the parties, or if the time limits expire without issuance arbitration of the Superintendentdispute. Should the member select Mediated Arbitration, and either party rejects the arbitrator’s written replyrecommendation, the Association member may, within twenty five (205) days may submit of the grievance mediated arbitration, move the dispute to arbitration. In such cases The grievant and the parties District shall attempt to mutually agree upon an arbitrator. Should If no agreement can be reached, they shall request the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for or the purposes American Arbitration Association to supply a panel of striking the list to determine the arbitrator. 2five (5) If any question arises as to the arbitrability names of the grievance, such question will be ruled upon by the arbitrator. 3) The arbitrator shall have no authority to add to, to subtract from, or modify the terms of this agreement, and the arbitrator shall interpret this agreement persons experienced in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that hearing grievances in public schools. Each party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names alternately strike a name until only one name remains. The first option of elimination shall alternate. The one remaining name panel member shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt order of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings striking shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitteddetermined by lot. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award fees and expenses of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will shall be borne equally by the district District and the aggrievedgrievant. All other costs will expenses shall be borne by the party incurring them. Upon mutual The arbitrator shall, as soon as possible, hear the evidence and render a decision on the issue or issues submitted to him. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. The arbitrator will have no power to add to, subtract from or modify the terms of this agreement or the written policies, rules, regulations and procedures of the District District. After a hearing and the Associationafter both parties have had an opportunity to make written arguments, the arbitration may proceed under expedited rules of the American Arbitration Association arbitrator shall submit in writing to all parties his findings and notice of such agreement recommendations which shall accompany the request for a list of arbitratorsbe final.

Level IV. Arbitration 1) If the Association is not satisfied with the disposition of by the grievance at Level III, or if the time limits expire without issuance of the Superintendent’s written replyBoard, the Association within twenty (20) days may submit the grievance to arbitrationarbitration within fifteen (15) working days of the receipt of the disposition from the Board or within fifteen (15) working days of when the disposition should have been made by the Board. In such cases If the parties shall attempt to mutually cannot agree upon an arbitratorarbitrator within five (5) working days, he shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Should The Board and the parties Association shall not be unable permitted to mutually agree assert in such arbitration proceeding any ground or to rely on an arbitrator, either party may request a list of arbitrators from any evidence not previously disclosed to the California State Conciliation Service for the purposes of striking the list to determine the arbitratorother party. 2) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator. 3) C. The arbitrator shall have no authority power to alter, modify, add to, to or subtract from, or modify the terms of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and from the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submittedAgreement. The arbitrator shall have no authority power to add to, delete fromestablish a new job rate or to change the existing wage rate structure, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Codeto establish new jobs, the award or change existing job content, or establish work standards, or to substitute his judgment for that of the Board. His authority shall be limited to deciding whether a specific article and section of this Agreement has been violated and shall be subject in all cases to the rights, responsibilities, and authority of the parties under the Michigan General School Laws and any other national, state, county, district, or local laws. The arbitrator will shall not usurp the functions of the Board or the proper exercise of its judgment and discretion under law and this Agreement. The decision of the arbitrator, if within the scope of his authority, as above set forth, shall be final and binding. A copy . D. The fees and expenses of the award will arbitrator shall be submitted to the Superintendent, the aggrieved and the Association. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne shared equally by the district parties. Each party shall bear his own expense in connection therewith. E. A written resume on the grievance form which is attached shall accompany the grievance through each step. Such resume shall record what is approved or denied, giving the reasons for such decision, and shall be signed by both parties at each step. The complete disposition shall be attached to the aggrieved. All other costs will original grievance and filed with both parties for future reference and/or record. F. The time limits provided in this ARTICLE shall be borne strictly observed but may be extended by the party incurring them. Upon mutual written agreement of the District parties. Failure to answer a grievance within the period specified moves the grievance automatically to the next step. Failure to file an appeal of a decision within the specified time limits shall render the grievance null and void. G. The following matters shall not be the Associationbasis of any grievance filed under the procedure outlined in this ARTICLE: 1. Any matter in which it is specifically stated in this Agreement that the decision or approval of the Board, the arbitration may proceed under expedited rules Superintendent or the Administration is final and/or any matter in which it is stated that the decision of the American Arbitration Board is not subject to the grievance procedure. 2. The termination of services of any probationary bargaining unit member. H. The grievant is the only bargaining unit member who will be allowed to be absent from work without loss of pay in order to participate in an arbitration hearing. If there is more than one grievant at the arbitration hearing, the Association and notice will bear the expense of any substitute costs for any additional grievant(s). If the number of bargaining unit members required to be present at arbitration hearing would cause undue disruption to the District, such agreement shall accompany hearing will be held outside working hours. During grievance hearings, a bargaining unit member will only be allowed to participate during school hours with the request approval of the Assistant Superintendent for Personnel. I. A working day is defined as a regular work day for a list of arbitratorsfifty-two (52) week employee.

Level IV. Arbitration 1) If the Association grievant is not satisfied with the disposition results of the grievance at Level III, or if the time limits expire without issuance of the Superintendent’s written replyCSEA may, the Association within twenty (20) days may submit of the issuance of the superintendent’s decision, request in writing that the grievance be submitted to advisory arbitration. In such cases the parties shall attempt to mutually agree upon an arbitrator. Should the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitrator. 2) If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitratorarbitrator only after he/she has had an opportunity to hear the merits of the grievance. 3(1) The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdiction limitations upon the arbitration in this Agreement. (2) The parties shall select a mutually agreeable arbitrator who must be willing to hold the arbitration hearing in the District. Should they be unable to agree on an arbitrator within five (5) working days of the Association’s submission of the grievance to arbitration, an arbitrator shall have no authority to add tobe selected from a list of seven (7) arbitrators provided by the American Arbitration Association, to subtract from, or modify the terms by alternate striking of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The party who strikes the first option of elimination shall alternate. The one remaining name shall be determined by the arbitrator. The process of Association striking names shall occur within ten (10) days of receipt of first on all even-numbered grievances and the list by both partiesDistrict striking first on all odd-numbered grievances. 6(3) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s his/her findings of fact, reasoning and conclusions of on the issues submitted. The arbitrator shall have no will be without power or authority to add tomake any decision which requires the commission of an act prohibited by law, delete fromwhich is violative of the terms of this Agreement, or otherwise modify this agreementto change any of the Agreement. To However, it is agreed that the extent permitted by arbitrator is empowered to include in any award such financial reimbursement or remedy as is requested in the EERA and/or the Education Code, the award party’s submission statement. (4) The decision of the arbitrator will be submitted to the Board of Education and the Association. The decision shall be considered adopted by the Board of Education and binding on the parties, if neither the superintendent, or designee, or the Association file a request for review with the Board of Education within ten (10) days of the issuance of the advisory decision. The Board of Education shall review the advisory decision at its next reasonably-available scheduled meeting, if a timely request for review is filed. The Board of Education may, at its discretion, request oral arguments from both parties in the presence of one another at the Board meeting in which the advisory decision will be reviewed. The Board of Education shall render a decision based upon the arbitration record within ten (10) days of the above Board meeting. If the Board of Education does not render such a decision with the time limit, it shall be deemed to have adopted the recommended decision of the arbitrator. A copy of any decision issued by the Board of Education shall be mailed to the Association. The decision of the Board of Education shall be final and binding. A copy Nothing stated herein shall preclude the Association from appealing the decision to a court of competent jurisdiction. (5) The costs for services of the award will arbitrator, including per diem expenses, travel, and sustenance expenses, if any, shall be submitted shared equally by the District and Association. The District shall provide a hearing room in the District at no expense to the Superintendent, the aggrieved and the Association. 9) either party. All costs for the services of the arbitrator, including, arbitrator including but not limited to, to per diem expenses travel, and sustenance expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will shall be borne equally by the district District and CSEA. Otherwise, each party shall assume the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement expense of the District and the Association, the arbitration may proceed under expedited rules presentation of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitratorsits own case.

Level IV. Arbitration 1) If the Association grievant is not satisfied with the disposition of the grievance at decision rendered pursuant to Level III, or if the time limits expire without issuance grievant may submit to the Federation a request in writing, within ten (10) working days of the SuperintendentLevel III decision, for advisory arbitration of the dispute. The Federation, within fifteen (15) working days of the grievant’s written replyrequest, shall inform the District of its decision to proceed to advisory arbitration. a. Should the last day of the fifteen (15) day window fall during the summer break, the Association within twenty Federation shall have thirty (2030) additional days to inform the District of its decision to proceed to advisory arbitration. b. The Federation and the District may mutually agree in writing to expedited arbitration with the following conditions: 1. The hearing shall not exceed one (1) day in length. 2. All documents to be considered by the arbitrator shall be filed at the hearing. No post hearing briefs shall be permitted. 3. The recommended decision of the arbitrator shall be rendered promptly, and unless otherwise agreed by the parties, not later than three (3) days may submit from the grievance to arbitrationdate of the closing of the hearing. c. An impartial arbitrator shall be selected jointly by the Federation and the District within ten (10) days of receipt of the written request. In such cases the event that the parties shall attempt to mutually agree upon an arbitrator. Should cannot agree, the parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from the California State Conciliation Service for the purposes shall be requested to supply a panel of striking the list to determine the arbitratorfive (5) names. The parties shall alternately strike names until only one (1) name remains. 2) If any question arises as to the arbitrability d. The fees and expenses of the grievancearbitrator and a court reporter, such question will be ruled upon if required by the arbitrator, shall be shared equally between the District and the Federation. Any additional expenses shall be borne by the party incurring such expense. 3) e. The arbitrator shall have no authority to add to, to subtract fromdelete, or modify the terms alter any provisions of this agreementAgreement, but shall limit their decision to the application and interpretation of its provisions. f. The arbitrator shall rule upon the arbitrability of issues before hearing the merits of the issues. g. After hearing the evidence, the arbitrator shall interpret this agreement submit their findings and recommended decision in accordance writing to the Board and the Federation with accepted arbitral standards of contract interpretationa copy to the grievant. 4) If any party requests h. The Board, in closed session, shall review the written record and render a transcript final decision no later than the next meeting of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur Board or within ten fifteen (1015) days of receipt of after receiving the list by both partiesrecord. Nothing shall preclude the Federation or grievant from seeking judicial relief regarding the Board's decision. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) If the Association conciliator/mediator’s recommendation is acceptable to the grievant, the Superintendent shall take appropriate action to implement the decision. If the grievant does not concur with the conciliator/mediator’s recommendation, the grievant may appeal to only one of the following options: 4.3.4.1 Option 1: To the Board of Education 4.3.4.1.1 The grievant may appeal to the Board of Education in writing within ten (10) days of the receipt of the Superintendent's decision. 4.3.4.1.2 The Board shall, within forty-five (45) days, agendize the appealed Level II grievance as part of the Board's regular meeting agenda. The Board may hear the appeal in either open or executive session. 4.3.4.1.3 The Board shall have ten (10) days after its meeting to render a final decision. 4.3.4.2 Option 2: To arbitration 4.3.4.2.1 If the aggrieved party and/or the District is not satisfied with the disposition recommendation of the grievance at conciliator/mediator, or if no disposition has occurred within ten (10) days from receipt of the conciliator/mediator’s recommendation in Level III, or if the time limits expire without issuance of the Superintendent’s written reply, aggrieved party may request the Association within twenty (20) days may to submit the grievance to the advisory arbitration panel. 4.3.4.2.2 If the Association proceeds to advisory arbitration, it shall notify the District in writing. 4.3.4.2.3 The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within (10) days after notice is given. In such cases If the two parties shall attempt fail to mutually agree upon an arbitrator. Should the parties be unable to mutually agree reach agreement on an arbitratorarbitrator within five (5) days, either party may request the State Mediation and Conciliation Service will be requested to supply a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitratorseven (7) names. The parties shall alternately strike names until one remains. 24.3.4.2.4 The arbitrator shall hold a hearing as soon as reasonably possible following his/her appointment. Within thirty (30) days, after the arbitration, the arbitrator shall render the decision in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. If the arbitrator determines that additional time for his/her decision is necessary, the arbitrator shall have discretion to issue such decision within a reasonable period of time. The arbitrator shall be without power or authority to make any decision that requires the commission of any act prohibited by law or which violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any decision recommendations for reimbursement for financial loss of wages or fringe benefits or other non- financial remedies as judged to be proper. The arbitrator shall submit to all parties his/her findings and recommendations which shall be advisory in nature. 4.3.4.2.5 If any question arises as to the arbitrability of the grievance, such question will shall initially be ruled upon by the arbitrator and at the arbitrator’s discretion such ruling may be reserved until the merits of the grievance have been heard. 34.3.4.2.6 Nothing in foregoing shall be construed to empower the arbitrator to make any decision(s) The arbitrator shall have no authority to add toamending, to subtract changing, subtracting from, or modify the terms of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined adding to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedureAgreement. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) If the Association grievant is not satisfied with the disposition of the grievance at Level level III, or if the time limits expire without issuance of grievant may, within ten (10) days after the Superintendent’s written replymediation conference closes, request in writing that the Association within twenty (20) days may submit the grievance to binding arbitration. A copy of such request shall be simultaneously served upon the Superintendent. Within thirty (30) calendar days after receipt of such request from the grievant, the Association, by written notice to the Superintendent, may elect to submit the grievance to binding arbitration. In such cases the event the parties shall attempt are unable mutually to mutually agree upon an arbitrator. Should the , they shall request that a panel of seven (7) names be submitted to both parties be unable to mutually agree on an arbitrator, either party may request a list of arbitrators from by the California State Conciliation Service for Service. Within ten (10) days of receiving the purposes of striking list, the Association shall either meet with the District’s representative or telephone the District’s representative to select an arbitrator. The parties shall alternately delete from the list to determine until one (1) name remains, and said last named shall be selected as the arbitrator. 2. Within fifteen (15) If any question arises as days of selecting the arbitrator, the Association shall submit to the arbitrability District a list of five (5) alternate hearing dates, which shall be forwarded to the grievancearbitrator. The arbitrator's decision shall be final and binding upon the parties hereto, such question will and shall be ruled upon 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 deciding the issues submitted by the arbitrator. 3) The parties; and the arbitrator shall have no power or authority to add to, to subtract from, alter, delete, amend, or modify the terms of this agreementAgreement or the written policies, rules, regulations, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript procedures of the proceedingsDistrict. In the event the issue of arbitrability is raised, that party it shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendentarbitrator, prior to a consideration, if any, of the aggrieved merits. The arbitrator's decision shall be submitted to the District and the Association. 9) CSEA for review and implementation. All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, expenses and the cost of any hearing room will be borne equally by the district District and the aggrievedAssociation. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level IV. Arbitration 1) If the Association conciliator/mediator’s recommendation is acceptable to the grievant, the Superintendent shall take appropriate action to implement the decision. If the grievant does not concur with the conciliator/mediator’s recommendation, the grievant may appeal to only one of the following options: 4.3.4.1 Option 1: To the Board of Education 4.3.4.1.1 The grievant may appeal to the Board of Education in writing within ten (10) days of the receipt of the Superintendent's decision. 4.3.4.1.2 The Board shall, within forty-five (45) days, agendize the appealed Level II grievance as part of the Board's regular meeting agenda. The Board may hear the appeal in either open or executive session. 4.3.4.1.3 The Board shall have ten (10) days after its meeting to render a final decision. 4.3.4.2 Option 2: To arbitration 4.3.4.2.1 If the aggrieved party and/or the District is not satisfied with the disposition recommendation of the grievance at conciliator/mediator, or if no disposition has occurred within ten (10) days from receipt of the conciliator/mediator’s recommendation in Level III, or if the time limits expire without issuance of the Superintendent’s written reply, aggrieved party may request the Association within twenty (20) days may to submit the grievance to the advisory arbitration panel. 4.3.4.2.2 If the Association proceeds to advisory arbitration, it shall notify the District in writing. 4.3.4.2.3 The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within (10) days after notice is given. In such cases If the two parties shall attempt fail to mutually agree upon an arbitrator. Should the parties be unable to mutually agree reach agreement on an arbitratorarbitrator within five (5) days, either party may request the State Mediation and Conciliation Service will be requested to supply a list of arbitrators from the California State Conciliation Service for the purposes of striking the list to determine the arbitratorseven (7) names. The parties shall alternately strike names until one remains. 24.3.4.2.4 The arbitrator shall hold a hearing as soon as reasonably possible following his/her appointment. Within thirty (30) days, after the arbitration, the arbitrator shall render the decision in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. If the arbitrator determines that additional time for his/her decision is necessary, the arbitrator shall have discretion to issue such decision within a reasonable period of time. The arbitrator shall be without power or authority to make any decision that requires the commission of any act prohibited by law or which violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any decision recommendations for reimbursement for financial loss of wages or fringe benefits or other non-financial remedies as judged to be proper. The arbitrator shall submit to all parties his/her findings and recommendations which shall be advisory in nature. 4.3.4.2.5 If any question arises as to the arbitrability of the grievance, such question will shall initially be ruled upon by the arbitrator and at the arbitrator’s discretion such ruling may be reserved until the merits of the grievance have been heard. 34.3.4.2.6 Nothing in foregoing shall be construed to empower the arbitrator to make any decision(s) The arbitrator shall have no authority to add toamending, to subtract changing, subtracting from, or modify the terms of this agreement, and the arbitrator shall interpret this agreement in accordance with accepted arbitral standards of contract interpretation. 4) If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the Association. 5) A representative of the Association and the District’s representative shall select the arbitrator form the list by eliminating the names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of receipt of the list by both parties. 6) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined adding to working days unless mutually agreed otherwise. 7) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedureAgreement. 8) The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall have no authority to add to, delete from, or otherwise modify this agreement. To the extent permitted by the EERA and/or the Education Code, the award of the arbitrator will be final and binding. A copy of the award will be submitted to the Superintendent, the aggrieved and the Association. 9) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the district and the aggrieved. All other costs will be borne by the party incurring them. Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.