Level V. If the grievant is not satisfied with the decision at Level IV, the grievant may, within ten (10) days, submit the grievance to mediation with a mediator designated by the State Mediation and Conciliation Service. If an agreement is reached at mediation, the agreement shall be reduced to writing and shall be signed by the grievant, the Association, and the District. If the grievant, the Association, and the District have not resolved the grievance with the assistance of the mediator, the Association may appeal the matter to the next level.
Level V. Either the District or the grievant may appeal the advisory award of the arbitrator to the Board of Trustees within ten (10) working days after the receipt of such advisory award. The Board of Trustees shall place the appeal on the agenda of the next regular Board meeting as an item for Board consideration and shall render its decision by the following regular Board meeting. If the Board has not received the transcript of the arbitration hearing by the time of its first (1st) meeting for consideration of the appeal, the time for Board consideration and decision shall be extended until the receipt of the transcript. The decision of the Board of Trustees shall be final and binding.
Level V. 10.5.5.1 Within twenty (20) days after the Association has submitted the grievance to mediation, the Association and the District shall attempt to agree upon a mediator. If they are unable to agree upon a mediator, the District shall request a list of mediators from the State Conciliation and Mediation Service.
Level V. If the "grievant" is not satisfied with the decision at Level IV, the grievant may within ten (10) days of receipt of the Level IV response, submit a request in writing to the Superintendent for final resolution of the dispute.
Level V a. If the grievant is not satisfied with the decision of the Board of Education, the Association may request the appointment of an arbitrator.
Level V. The arbitration shall be conducted in accordance with the Voluntary Arbitration Rules of the American Arbitration Association (AAA) and the provisions of this procedure. However, upon the mutual agreement of the District and the Association, the arbitration may proceed under the Expedited Rules of the AAA. The arbitrator shall be selected from a list provided by the AAA by eliminating names until only one (1) name remains. The one (1) remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) working days of receipt by both parties of the AAA list. The arbitrator shall have no power to alter, amend, add to, subtract from, or disregard any of the terms of this Agreement, but shall determine only if there has been a violation of a provision(s) of this Agreement as alleged in the grievance. The arbitrator will be without power or authority to make any decision, which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator shall be advisory only and shall be in the form of a written recommendation to the Board of Trustees. Copies of the decision shall be submitted to the District, the Association, and the grievant. The parties shall share all fees and expenses of the arbitration, including charges by the arbitrator, room rental, court reporter, and transcript, equally. Each party shall bear its own attorneys' fees and costs, if any.
Level V. Arbitration The Union and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, the District shall request the State Mediation and Conciliation Service to supply a panel of seven (7) names of persons experienced in hearing grievances in higher education institutions. Each party shall alternatively strike a name until only one name remains. The remaining member shall be the arbitrator. The order of striking shall be determined by lot.
Level V. If a secretary is dissatisfied with the Level IV decision of the Board of Education, the Association may request the appointment of an arbitrator except as noted in the grievance definition and Scope of Arbitrability.
Level V. 8.7.5.1 If the grievant is not satisfied with the disposition of his/her grievance at Level IV, the grievant may request that the Association submit the grievance to arbitration in accordance with the following provisions. 8.7.5.2 The Association shall have twenty (20) days following the conclusion of mediation in Level IV to submit the grievance to arbitration. 8.7.5.3 If the matter is submitted to arbitration, the Arbitrator shall be empowered, except as his powers are limited below, or by the submission agreement, only to make a decision in cases of alleged violation of rights expressly accorded by this Agreement or any written supplementary agreements hereto. The costs of arbitration shall be borne one-half (1/2) by the District and one-half (1/2) by the Association; each party to bear its own counsel fees.
Level V. If the Adjustment Board is unable to arrive at a majority decision, either the Union or the City may, within fifteen (15) days of the written receipt of the Adjustment Board decision, require that the grievance be referred to an impartial Arbitrator.
