Common use of Level V Clause in Contracts

Level V. If the grievance is not resolved at Level Three (3) or Four (4), the employee shall file, within ten (10) days, a receipt of the recommended resolution, a request for advisory arbitration, outlining the basis for the grievance and the requested adjustment, and including the written proposed resolution received at Level Three (3) and Four (4). The Teamsters must consent, in writing, to moving the grievance to arbitration. The advisory arbitrator shall be an arbitrator chosen by mutual Agreement of the District and the Union. The neutral shall be selected from a list of arbitrators provided by the State Mediation and Conciliation Service, except that the parties may mutually agree to another mode of selection. The District and the Union shall bear the arbitration expenses equally, excluding any fees incurred by a party for their own representation. Upon submission of the grievance at Level Three, the advisory arbitrator shall be chosen within twenty-two (22) working days. After selection of the arbitrator, a hearing shall be conducted as soon as is practical. The arbitrator shall have no power to add to or subtract from the Agreement. The arbitrator shall not establish salary structures. The arbitrator shall, within ten (10) days after the completion of the hearing, submit its recommendations to the Governing Board (with copies to the Union and grievant), unless otherwise agreed by the parties. Within ten (10) days of receipt of the panel's recommendation, the Governing Board shall render a final and binding decision, absent appeal to a court of competent jurisdiction. The grievant retains the right to bypass arbitration and appeal the Superintendent's decision directly to the Governing Board.