Common use of Formal Level Clause in Contracts

Formal Level. A. Level I: 1. Within five (5) work days of the oral response, if the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or Federation Representative), and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or above. 2. The supervisor or designee shall communicate his/her decision to the unit member in writing within five (5) days after receiving the grievance. 3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party. B. Level II: 1. In the event the grievant is not satisfied with the decision at Level I, he/she may appeal the decision on the appropriate form to the college/campus president, or his/her designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The college/campus president, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of receiving the appeal. Either the grievant (or Federation Representative) or the college/campus president (or his/her designee) may request a personal conference within the above time limits. C. Level III 1. If the grievant is not satisfied with the decision at Level II, he/she may within five (5) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work days after receipt of the decision of the Chancellor, the Federation may, upon written notice to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Services. Only the Federation (exclusive representative) may demand arbitration.

Appears in 4 contracts

Sources: Part Time Faculty Bargaining Agreement, Part Time Faculty Bargaining Agreement, Collective Bargaining Agreement

Formal Level. A. (1) Level I: 1. Within five I - within fifteen (515) work days after the occurrence of the oral responsealleged violation, if misinterpretation, or misapplication of a provision of this Agreement, the grievant must present the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" approved form as provided by or lose the District (and shown as Exhibit "A" right to grieve. The form shall contain a clear, concise statement of the grievance, including the provision or provisions of this Agreement)Agreement alleged to have been violated, signed by misinterpreted, or misapplied; the circumstances involved, the decision rendered at the informal level, and the specific remedy sought. The immediate supervisor shall hold a hearing with the grievant, and shall communicate the decision in writing to the grievant within seven (or Federation Representative), and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or above. 2. The supervisor or designee shall communicate his/her decision to the unit member in writing within five (57) days after receiving the grievance. 3. Within In the above time limits, either the grievant (or Federation Representative) or event the immediate supervisor (or designee) may request fails to conduct a personal conference hearing and render a decision in writing within seven days, the grievant shall notify the Superintendent, who shall convene a hearing with the other partyimmediate supervisor and the grievant within seven (7) days after notification, and direct the immediate supervisor to render a decision in writing. Such a directed decision shall be made within three (3) days. B. (2) Level II: 1. II - In the event the grievant is not satisfied with the decision at Level I, he/she the grievant may appeal the decision on the appropriate approved form to the college/campus president, Superintendent or his/her designee, designee within five seven (57) days. 2days of the receipt of the Level I decision. This statement The form shall include a copy of the original grievance grievance, the decision at Level I, and a written copy clear and concise statement of the decision rendered by reason for the unit member's supervisor or designee. 3appeal. The college/campus president, Superintendent or his/her designee, his designee shall communicate hold a hearing with the parties and render a written decision to the grievant in writing within seven ten (710) days of receiving the receipt of the appeal. Either the grievant (or Federation Representative) or the college/campus president (or his/her designee) may request a personal conference within the above time limits. C. (3) Level III 1. If III - In the event the grievant is not satisfied with the decision at Level II, he/she the Association may advise the District within five seven (57) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work days after receipt of the Level II decision of the Chancellor, the Federation may, upon written notice its intent to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of request a mediator from the California State Conciliation Mediation and Conciliation Services. Only the Federation (exclusive representative) may demand arbitrationService.

Appears in 4 contracts

Sources: Certificated Agreement, Certificated Agreement, Certificated Agreement

Formal Level. A. Level I: 1. Within five (5) work days of the oral response, if the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" form as provided by the District (and shown as Exhibit "AB" of this Agreement), signed by the grievant (or Federation Representative), and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or above. 2. The supervisor or designee shall communicate his/her decision to the unit member in writing within five (5) days after receiving the grievance. 3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party. B. Level II: 1. In the event the grievant is not satisfied with the decision at Level I, he/she may appeal the decision on the appropriate form to the college/campus president, or his/her designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The college/campus president, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of receiving the appeal. Either the grievant (or Federation Representative) or the college/campus president (or his/her designee) may request a personal conference within the above time limits. C. Level III: 1. If the grievant is not satisfied with the decision at Level II, he/she may may, within five (5) days days, appeal the decision on the appropriate form to the Chancellor, Chancellor or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work days after receipt of the decision of the Chancellor, the Federation may, upon written notice to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Services. Only the Federation (exclusive representative) may demand arbitration.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Level. A. Level I: 1. Within five (5) work days of the oral response, if the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or Federation Representative), and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or above. 2. The supervisor or designee shall communicate his/her decision to the unit member in writing within five (5) days after receiving the grievance. 3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party. B. Level II: 1. In the event the grievant is not satisfied with the decision at Level I, he/she may appeal the decision on the appropriate form to the collegeCollege/campus presidentCampus President, or his/her designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The collegeCollege/campus presidentCampus President, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of receiving the appeal. Either the grievant (or Federation Representative) or the collegeCollege/campus president Campus President (or his/her designee) may request a personal conference within the above time limits. C. Level III 1. If the grievant is not satisfied with the decision at Level II, he/she may within five (5) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory ArbitrationArbitration‌ 1. Within fifteen (15) work days after receipt of the decision of the Chancellor, the Federation may, upon written notice to the Associate Vice Chancellor, Chief Human ResourcesResources Officer, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Services. Only the Federation (exclusive representative) may demand arbitration.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Level. A. a. Level I: 1. Within five (5) work days If the informal discussion fails to resolve the grievance to the satisfaction of the oral responsegrievant, if a formal grievance may be initiated in writing no later than thirty days (30) after the informal discussion. With agreement of both parties, the Federation and the District, this timeline may be extended in effort to resolve the grievance. If neither the grievant nor the Federation has actual or constructive knowledge of the occurrence of the grievable act or omission, and could not with the exercise of reasonable diligence have known about it, then the twenty day time limit shall begin to run on the date upon which either the grievant or Federation knew or could with reasonable diligence have known of the occurrence. The formal document shall be a clear, concise statement of the grievance is not resolvedciting specific sections of the Agreement allegedly violated, it shall be stated in writing on misinterpreted or misapplied, the "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or Federation Representative)circumstances involved, and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or abovespecific remedy sought. 2. The supervisor or designee Within fourteen (14) days after filing of the formal grievance, the immediate supervisor/principal shall communicate investigate the grievance and give his/her decision in writing to the unit member in writing within five (5) days after receiving the grievancegrievant. 3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party. B. b. Level II: 1. In the event the grievant is not satisfied with the decision at Level I, he/she may appeal the decision on the appropriate form to the college/campus president, or his/her designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The college/campus president, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of receiving the appeal. Either the grievant (or Federation Representative) or the college/campus president (or his/her designee) may request a personal conference within the above time limits. C. Level III 1. If the grievant is not satisfied with the decision rendered at Level III, he/she may within five (5) days appeal the decision on the appropriate form within ten (10) days to the Chancellor, Superintendent or his/her designee. The grievant may file a copy with the Federation. 2. This statement The appeal shall include copies a copy of the original grievance grievance, the decision rendered at Level I, and appeal and written copies a clear, concise statement of the decisions renderedreasons for the appeal. 3. The ChancellorWithin twenty (20) days after the appeal is filed, the Superintendent or his/her designee, designee shall communicate investigate the grievance and give his/her decision in writing to the grievant within fifteen (15) daysgrievant. D. Level IV--Advisory Arbitration 14. Within fifteen A conference shall be held at the request of either the grievant or the Superintendent or his/her designee within seven (157) work days after of receipt of the appeal. c. Level Ill - Mediation If the Grievant is not satisfied with the decision at Level II, within ten (10) days of issuance of the Chancellordecision, he/she shall request the Federation may, upon written notice to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules appointment of a mediator from the California State Mediation and Conciliation ServicesService (CSMCS) to attempt to resolve the dispute through mediation. d. Level IV- Arbitration 1. Only Within twenty (20) days after the final meeting with the mediator, if the Grievant is not satisfied with the result, the Federation (has exclusive representative) may demand right to submit the decision to arbitration. If the Federation exercises its right to arbitration, the Federation shall inform the Employer by certified mail or by hand delivery to the person authorized by the Employer to receive such notices. The grievance shall be submitted by the Superintendent to the CSMCS. The arbitrator will be chosen by the Federation and the District by alternately striking names from CSMCS list until one name remains; the Federation shall strike the first name. If the District and the Federation agree, rules for expedited arbitration shall be used. 2. The fees and expenses of the arbitrator and a court reporter, if required by the arbitrator, shall be shared equally, except that in the case of advisory arbitration, if the Board does not comply with the recommendation of the arbitrator, the entire arbitrator and court reporter fees shall be paid by the District. Any additional expenses shall be borne by the party incurring such expense.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Level. A. Level I: 9 Step 1. Within five The grievance shall be presented in writing to the 10 employee’s immediate supervisor within ten (510) work days of 11 the oral response, if occurrence giving rise to the grievance is not resolved, it or within ten (10) 12 days of when the grievant should have reasonably known of 13 the occurrence. A copy of the grievance shall be stated in writing on filed with 14 the "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or Federation Representative), and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or above. 2Human Resources office. The supervisor or designee shall communicate his/her decision to the unit member reply in 15 writing within five ten (510) days thereafter after receiving consultation with 16 the grievanceAssistant Superintendent, Human Resources. 317 Step 2. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party. B. Level II: 1. In the event If the grievant is not satisfied with the decision at Level I, he/she may appeal the decision on the appropriate form to the college/campus president, or his/her designeereply in Step 18 1, within five (5) days. 2working days after such reply, the 19 grievance shall be presented in writing to the appropriate 20 Administrator or Assistant Superintendent. This statement A copy shall include a copy of be 21 filed with the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3Human Resources Office. The college/campus president, Administrator 22 or his/her designee, Assistant Superintendent shall communicate the decision to the grievant reply in writing within seven five 23 (75) working days of receiving thereafter after consultation with the appeal. Either the grievant (or Federation Representative) or the college/campus president (or his/her designee) may request a personal conference within the above time limits24 Assistant Superintendent, Human Resources. C. Level III 125 Step 3. If the grievant is not satisfied with the decision at Level II26 Step 2, the employee may, within five (5) days, appeal the 27 decision to the County Superintendent of Schools. This 28 written appeal statement shall include a copy of the original 29 grievance, the appeals, and the decision rendered at 30 previous levels, and a clear, concise statement of the 31 reasons for the appeal. 32 16.15 If, upon review, the County Superintendent of Schools 1 determines that he/she is unable to render a determination 2 on the record, he/she may within five (5) days appeal reopen the decision on record for the appropriate form taking 3 of additional evidence prior to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate rendering his/her decision 4 which shall be in writing to writing. This is the grievant within fifteen (15) daysfinal administrative 5 review of the grievance procedure. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work days after receipt 6 16.16 The employee shall have the right to have a CSEA 7 Representative present at each level of the decision of the Chancellor, the Federation may, upon written notice to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Services. Only the Federation (exclusive representative) may demand arbitration8 procedure.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Level. A. Level I: 1. Within five (5) work days of the oral response, if the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" form as provided by the District (and shown as Exhibit "AB" of this Agreement), signed by the grievant (or Federation Representative), and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or above. 2. The supervisor or designee shall communicate his/her decision to the unit member in writing within five (5) days after receiving the grievance. 3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party. B. Level II: 1. In the event the grievant is not satisfied with the decision at Level I, he/she may appeal the decision on the appropriate form to the collegeCollege/campus presidentCampus President, or his/her designee, within five (5) days. 2. This statement shall include a copy of the original grievance and a written copy of the decision rendered by the unit member's supervisor or designee. 3. The collegeCollege/campus presidentCampus President, or his/her designee, shall communicate the decision to the grievant in writing within seven (7) days of receiving the appeal. Either the grievant (or Federation Representative) or the collegeCollege/campus president Campus President (or his/her designee) may request a personal conference within the above time limits. C. Level III: 1. If the grievant is not satisfied with the decision at Level II, he/she may may, within five (5) days days, appeal the decision on the appropriate form to the Chancellor, Chancellor or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen (15) days. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work days after receipt of the decision of the Chancellor, the Federation may, upon written notice to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of the California State Mediation and Conciliation Services. Only the Federation (exclusive representative) may demand arbitration.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Level. A. 11.4.1 Level I:I - School Principal/designee or Department Head 1. Within five (5) work days of the oral response, if the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" form as provided by the District (and shown as Exhibit "A" of this Agreement), signed by the grievant (or Federation Representative), and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or above. 2. The supervisor or designee shall communicate his/her decision to the unit member in writing within five (5) days after receiving the grievance. 3. Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) may request a personal conference with the other party. B. Level II: 1. 11.4.1.1 In the event the grievant is not satisfied with the decision disposition of the grievance at Level Ithe informal level, he/she they may appeal submit the decision on the appropriate form claim as a formal grievance in writing by completing Grievance Form 4136 and presenting it to the collegeprincipal/campus presidentdesignee or department head. The grievance shall specify the specific section(s) of the contract allegedly violated, the occurrence(s) giving rise to the grievance, and the proposed remedy. If the grievant has not filed a claim within ten (10) days after speaking with the principal/designee or hisdivision head informally, the grievance will be deemed to have been waived. If a formal grievance has been filed, the grievant may: (a) discuss the grievance personally; (b) voluntarily request that a representative accompany them; (c) voluntarily request that a representative(s) act on their behalf and shall notify the principal/her designee, within five (5) daysdesignee or division head accordingly. 2. This statement shall include a copy 11.4.1.2 Within eight (8) days after receipt of the original written grievance by the principal/designee or department head, the principal/designee or department head shall meet with the grievant and/or representative(s) in an effort to resolve the matter and shall render a written copy of the decision rendered by the unit member's supervisor or designee. 3. The college/campus president, or his/her designee, shall communicate the decision to the grievant in writing and the Exclusive Representative within seven eight (7) 8) days of receiving after the appeal. Either Level I meeting regarding the grievant (or Federation Representative) or the college/campus president (or his/her designee) may request a personal conference within the above time limitsformal grievance. C. 11.4.2 Level IIIII - Superintendent or Designee 1. 11.4.2.1 If the grievant is not satisfied with the decision disposition of the grievance at Level III, heor if no meeting takes place within eight (8) days after formal presentation of the Grievance Form 4136 to the principal/she designee or department head, or if no decision has been rendered within eight (8) days after the formal Level I meeting regarding the grievance, the grievant may forward the written grievance to the Superintendent/designee. This submission of grievance to Level II shall take place within five (5) days appeal after the decision on the appropriate form to the Chancellorat Level I, or his/her designee. 2. This statement shall include copies of within thirteen (13) days after the original grievance and appeal and written copies of was presented if no meeting has taken place, or within thirteen (13) days after the decisions Level I meeting if no decision has been rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision in writing to the grievant within fifteen 11.4.2.2 Within eight (15) days. D. Level IV--Advisory Arbitration 1. Within fifteen (15) work 8) days after receipt of the decision written grievance by the Superintendent/designee, the Superintendent/designee shall meet with the grievant and/or their voluntarily authorized representative in an effort to resolve the matter. 11.4.2.3 Within eight (8) days after meeting with the grievant and/or their voluntarily authorized representative, the Superintendent/designee shall transmit their response to the Exclusive Representative. 11.4.3 Level III - Arbitration 11.4.3.1 If CSEA is not satisfied with the disposition of the Chancellorgrievance at Level II or the time limits expire without the issuance of the Superintendent’s written reply, the Federation CSEA may, upon written notice to the Associate Vice Chancellor, Human Resourceswithin twenty (20) days, submit the grievance to arbitration under and in accordance with arbitration. In such case, the prevailing rules parties shall request a list of arbitrators from the California State Mediation and Conciliation ServicesService (CSMCS) in accordance with CSMCS procedures. 11.4.3.2 No party in interest shall be permitted to assert any grounds or issues before the arbitrator which were not previously disclosed to the other party. Only The arbitrator shall consider only those issues raised by the Federation parties in interest. The arbitrator is empowered to include in any Award such financial reimbursements or other remedies as judged to be proper. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and of the court reporter shall be divided equally between the District and CSEA. If either party requests a transcript of the proceedings, that party shall bear the full cost for that transcript. If both parties request transcripts, the total cost of the transcript shall be divided equally between the District and CSEA. 11.4.3.2.1 An arbitrator shall be selected by the following procedures: 11.4.3.2.2 A representative of CSEA and the District’s representative shall select the arbitrator from the CSMCS list by eliminating names until one name remains. 11.4.3.2.3 All grievances reaching the arbitration level shall be numbered. 11.4.3.2.4 The odd-numbered grievances will give the District first elimination; even-numbered grievances will give CSEA first elimination. 11.4.3.2.5 The one remaining name shall be the arbitrator. 11.4.3.2.6 The process of striking names shall occur within ten (exclusive representative10) may demand days of receipt of the list from CSMCS by both parties. 11.4.3.2.7 Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days. 11.4.3.2.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 11.4.3.2.9 The arbitrator shall conduct the proceedings in accordance with the standards common to the field of arbitration, including the exercise of the standards of equity. However, the arbitrator shall not have the authority to amend or modify the written terms and conditions of this agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Formal Level. A. 7.3.2.1 Level I:1: Immediate Supervisor 1. Within five (5a) work days At the completion of the oral responseinformal grievance procedure and within twenty (20) days after the occurrence of the act or omission giving rise to the grievance, if the grievant shall present the grievance is not resolved, it shall be stated in writing on the "Academic Grievance" appropriate form as provided by to the District (and shown as Exhibit "A" immediate supervisor. This statement shall be a clear, concise statement of this Agreement)the grievance, signed by the grievant (or Federation Representative)circumstances involved, the decision rendered at the informal conference, and presented to his/her supervisor (or designee) at the ▇▇▇▇ level or abovespecific remedy desired. 2. (b) The supervisor or designee shall communicate his/her decision to the unit member grievant and the Superintendent in writing within five (5) days after receiving the grievance. If the supervisor does not respond within the time limits, the grievant may appeal to the next level. 3. (c) Within the above time limits, either the grievant (or Federation Representative) or the immediate supervisor (or designee) party may request a personal conference with the other partyconference. B. 7.3.2.2 Level II:2: Superintendent 1. (a) In the event the grievant is not satisfied with the decision at in Level I1, he/she the grievant may appeal the decision on the appropriate form to the college/campus president, Superintendent or his/her designee, designee within five (5) days. 2. This statement shall should include a copy of the original grievance grievance, the decision rendered, and a written copy clear, concise statement of the decision rendered by reason(s) for the unit member's supervisor or designeeappeal. 3. (b) The college/campus president, Superintendent or his/her designee, designee shall communicate the decision to the grievant in writing and the Board within seven five (75) days of after receiving the appeal. Either the grievant (or Federation Representative) or the college/campus president (or his/her designee) Superintendent may request a personal conference within the above time limits. If the Superintendent does not respond within the time limits, the grievant may appeal to the next level. C. 7.3.2.3 Level III3: Governing Board 1(a) In the event the grievant is not satisfied with the decision, the grievant may appeal the decision to the Governing Board within five (5) days. The statement shall include a copy of the decisions and the reasons rendered. Either the grievant or the Board may request a conference within the above time limits. The Board's decision shall be in writing, and rendered within five days after the Board meeting. A copy will be sent to the grievant. 7.3.2.4 Level 4: Binding Arbitration (a) If the grievant is not satisfied with the decision at Level IIof the Governing Board, he/she may within five (5) days appeal the decision on the appropriate form to the Chancellor, or his/her designee. 2. This statement shall include copies of the original grievance and appeal and written copies of the decisions rendered. 3. The Chancellor, or his/her designee, shall communicate his/her decision submit a request in writing to the grievant within fifteen (15) daysSuperintendent for binding arbitration of the dispute. D. Level IV--Advisory Arbitration 1(b) The grievant and the District shall attempt to agree upon an arbitrator. Within fifteen If no agreement can be reached, either party shall request the California Conciliation Services to supply a panel of five (155) work days after receipt 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 the decision striking shall be by lot. (c) The fees and expenses of the Chancellorarbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. (d) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the Federation may, upon written notice arbitrator shall determine the issues by referring to the Associate Vice Chancellorwritten grievance and the answers thereto at each step. (e) The arbitrator shall have no power to add to, Human Resourcessubtract from, submit or modify the grievance to arbitration under terms of this Agreement or the written policies, rules, regulations, and in accordance with the prevailing rules procedures of the District. California State Mediation Conciliation Services rules shall govern. (f) Issues arising out of the exercise by the Board and Conciliation Services. Only administration of its responsibilities under Article VII, Definitions, paragraph 1, of this Article, including the Federation facts underlying its exercise of such discretion, shall not be subject to the procedure. (exclusive representativeg) may demand arbitrationAfter a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit his/her findings and recommendations to all parties. (h) The arbitrator's decision shall be final and binding on the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement