Common use of Optional Step Clause in Contracts

Optional Step. If the third step answer is not satisfactory, the grievance may be appealed to advisory arbitration by written request, or in lieu of advisory arbitration, proceed to the Board of Education by notifying the Superintendent within ten (10) working days of the receipt of Step 3 answer. The request shall include a copy of the grievance, the decisions rendered and the appeal request. 21.5.1 The parties shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request the State Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances. 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 by lot. 21.5.2 The fees and expenses of the arbitrator and hearing shall be borne equally by the District and CSEA. All other expenses shall be borne by the party incurring them. 21.5.3 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to them. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and answers thereto at each step. 21.5.4 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. 21.5.5 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing, to all parties their findings and recommendations. 21.5.6 In the event that either party is not satisfied with the recommendation(s) of the advisory arbitrator, they may appeal the decision in writing within ten (10) working days after receipt to the Board of Trustees. The Board alone has the power to render a final and binding determination of a grievance. The recommendation of the arbitrator shall only be advisory and if, upon review, the Board of Trustees determines it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence.