Level VI Clause Samples
The "Level VI" clause typically establishes a specific tier or category within a multi-level system, such as in pricing, service levels, or compliance standards. In practice, this clause might define the requirements, benefits, or obligations associated with reaching or maintaining Level VI status, such as higher service thresholds, additional reporting, or enhanced privileges. Its core function is to clearly delineate the criteria and consequences of achieving this level, ensuring all parties understand the expectations and implications tied to Level VI, thereby promoting transparency and structured progression within the agreement.
Level VI. If the grievant is not satisfied with the decision at Level V, the Association may within ten (10) days submit a notice, in writing, to the Superintendent for binding arbitration of the dispute. The grievant/Association and the District shall attempt to agree upon an arbitrator and if no agreement can be reached, the parties shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party 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. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, including fees for witnesses, or the costs of substitutes for witnesses, shall be borne by the party incurring them.
19.4.5.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. The parties shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue.
19.4.5.2 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. In addition, the arbitrator must agree to abide by the Voluntary Rules of the American Arbitration Association.
19.4.4.3 After a hearing and after both parties have had an opportunity to make written arguments, the advisory arbitrator shall conclusions that he/she has prepared. The decision of the arbitrator shall be final and binding to all parties.
Level VI. Arbitration
1) If Level V is not successful, the grievant, within ten (10) days after conclusion of Level V, may request in writing that the Association submit the grievance to arbitration. The Association by written notice to the Superintendent or designee within ten (10) days of the above request of the grievant may submit the grievance to arbitration.
2) The Association and the District shall by mutual agreement select an arbitrator. If no agreement can be reached within five (5) days of the above request for arbitration of the Association, the parties shall request the California State Conciliation Service to supply a list of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The order of striking shall be determined by lot.
3) In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by discussions with the parties and by referring to the written grievance and the answers thereto at each step.
4) If any question arises regarding the arbitrability of a grievance the arbitrator shall make a determination on this issue prior to hearing the merits of the grievance, unless the arbitrator determines otherwise.
5) After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit his/her written findings and award to both parties, which shall be final and binding, subject to established right of judicial review.
6) The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, 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. Furthermore, the arbitrator’s power to award back pay is limited to the first of the fiscal year in which the grievance was filed.
7) The fees and expenses of the arbitrator shall be borne equally by the employer and the Association. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested by both parties or the arbitrator. If the transcript is requested by only one party, that party shall incur the expense. All other expenses shall be borne by the party incurring them.
Level VI. If the grievant(s) is/are not satisfied with the decision at Level IV, grievant(s) may within five (5) working days submit a request in writing to the Chancellor for a review of the decision by the Board of Trustees. The Board will review a written summary by the Chancellor and a written summary by the grievant(s) at the next regular Board meeting. This summary may include statements from witnesses. A copy of this summary will be given to the grievant(s) and Association. The Board will render a final and binding determination of the grievance. If the Board of Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence from the Chancellor and the grievant(s), and/or any witnesses. No employee shall be discriminated against as a result of filing a grievance. In the event the advisory arbitration has been utilized, the Board of Trustees shall consider the arbitrator's recommendation at its next regular meeting, provided that at least ten (10) working days have elapsed since receipt of the decision. The Board of Trustees may implement the arbitrator's decision in whole or in part; may decide not to implement the decision; may meet with the parties to discuss other alternative solutions; or may take whatever other action it deems appropriate. The action of the Board of Trustees shall be final and binding.
Level VI. The findings and proposed decision of the arbitrator shall be advisory to the Board of Trustees. The arbitrator’s findings and proposed decision, together with the record and exhibits, shall be presented to the Board of Trustees for final determination. The Board of Trustees shall hear oral or written argument if requested within ten days by either CSEA or the District. After review of the record and exhibits, the Board of Trustees may accept, reject, or modify the arbitrator’s findings and proposed decision, and render a decision on the grievance which shall be final and binding subject to established rights of judicial review.
Level VI. If the grievant is not satisfied with the decision at Level IV, he/she may within five (5) working days submit a request in writing to the Chancellor for a review of the decision by the Board of Trustees. The Board will review a written summary by the Chancellor and a written summary by the grievant at the next regular Board meeting. This summary may include statements from witnesses. A copy of this summary will be given to the grievant and his/her representative. The Board will render a final and binding determination of the grievance. If the Board of Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence from the Chancellor and the grievant, and/or his/her witnesses. No employee shall be discriminated against as a result of filing a grievance. In the event the advisory arbitration has been utilized, the Board of Trustees shall consider the arbitrator's recommendation at its next regular meeting, provided that at least ten (10) working days have elapsed since receipt of the decision. The Board of Trustees may implement the arbitrator's decision in whole or in part; may decide not to implement the decision; may meet with the parties to discuss other alternative solutions; or may take whatever other action it deems appropriate. The action of the Board of Trustees shall be final and binding.