Common use of Level Three Clause in Contracts

Level Three. If the grievant is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work days after receipt of the Superintendent’s response (Appendix K-5) may submit the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three grievance, the grievant shall be represented by GTA. 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement, and the arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of contract interpretation. 8.2.4.4 The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will without power or authority to make any decision that violates the terms of this Agreement. A copy of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding upon the parties. 8.2.4.5 The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.

Level Three. 5.3.4.1 If the grievant is aggrieved party or parties in interest are not satisfied with the decision or disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work school days after receipt of the Superintendent’s response (Appendix K-5) Superintendent or his/her designee has heard the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitration. 5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to arbitration using the appropriate form (see Appendix K-6)Level Three. At all times during the Level Three grievanceThis having been done, the grievant grievance will be submitted to arbitration. 5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be represented by GTA. 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as held in an attempt to the arbitrability of the grievance, such question will first be ruled agree upon by the an arbitrator. 8.2.4.3 The 5.3.4.4 If the parties are unable to agree upon an arbitrator shall have no authority to add toat such meeting, subtract from or modify the terms of this Agreement, and the arbitrator shall interpret be selected as follows: Immediately after demand for or submittal to arbitration, the Agreement American Arbitration Association shall submit simultaneously to each party an identical list of the names of five (5) persons skilled in accordance with accepted arbitral standards arbitration of contract interpretationeducational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists. 8.2.4.4 5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him/her. 5.3.4.6 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.3.4.7 The arbitrator’s decision will 's report shall be submitted in writing to the District and will the Association only, and shall set forth the arbitrator’s his/her findings of fact, reasoning reasoning, conclusions, and conclusions of recommendations on the issues submitted. The arbitrator will without power or authority to make any decision that violates arbitrator's recommendations shall be consistent with law and with the terms of this Agreement. A copy His/her report shall be advisory only, and binding neither on the District nor on the Association. 5.3.4.8 Within five (5) school days after receiving the report of the award arbitrator, representatives of the parties will meet to discuss the report, and, if necessary, implementation of the report. No public releases may be submitted made until after such meeting. 5.3.4.9 The Board shall take official action on the report of the arbitrator not later than the next regularly scheduled meeting of the Board subsequent to the District, meeting between the grievant, and GTA. The arbitrator’s decision will be final and binding upon representatives of the parties. 8.2.4.5 5.3.4.10 The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to shared equally by the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest Board and their representatives shall have the right to be present at such hearingsAssociation.

Level Three. If the grievant is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work days after receipt of the Superintendent’s response (Appendix K-5) may submit the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three grievance, the grievant shall be represented by GTA. 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement, and the arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of contract interpretation. 8.2.4.4 The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will without power or authority to make any decision that violates the terms of this Agreement. A copy of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding upon the parties. 8.2.4.5 The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.hearings.‌

Level Three. 9.5.3.1 If the grievant is not satisfied with the disposition of the his/her grievance at Level Two, or if no written decision has been rendered within ten (10) school days after he/she has first met with the timeline described above in 8.2.3Superintendent, he/she may (within five school days after a decision by the grievant may Superintendent, or fifteen (15) school days after he/she had first met with the Superintendent, whichever is sooner) request in writing to the Association that GTA the Association submit the his/her grievance to arbitration. GTAIf the Association determines that the grievance involves the interpretation, meaning or application of any of the provisions of this Agreement, it may, by written notice to the Superintendent within ten fifteen (1015) work school days after receipt of the Superintendent’s response (Appendix K-5) may request from the grievant, submit the grievance to arbitration using arbitration. The district may challenge such determination and, in the appropriate form (see Appendix K-6). At all times during the Level Three grievanceevent it does, the grievant arbitrator shall be represented by GTA. 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Serviceresolve this issue. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievancearbitrability, such question will first be ruled upon by the arbitratorarbitrator selected to hear the dispute. 8.2.4.3 9.5.3.2 Within ten (10) school days after such written notice of submission to arbitration, the Superintendent and the Association will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment, the Board and Association will jointly request the American Arbitration Association for a list of arbitrators within this ten (10) day period. The parties will follow the rules and procedures of the American Arbitration Association. 9.5.3.3 Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party before the completion of Level Two meetings. 9.5.3.4 The arbitrator shall have no authority to add to, subtract from or modify selected will confer with the terms representatives of this Agreementthe Superintendent and the Association, and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the arbitrator shall interpret date of the Agreement in accordance with accepted arbitral standards close of contract interpretation. 8.2.4.4 the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The arbitrator’s 's decision will shall be in writing and will shall set forth the arbitrator’s his/her findings of fact, reasoning reasonings and conclusions of on the issues submitted. The arbitrator will shall be without power or authority to make any decision that violates which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy The decision of the award will arbitrator shall be submitted to the DistrictBoard and the Association. Within five (5) days after receiving the report of the arbitrator, representatives of the grievant, Board and GTAthe Association shall meet to discuss the report before a public release is made. The arbitrator’s decision will be final Board and binding upon the partiesAssociation shall take official action on the report at their next regularly scheduled meetings. 8.2.4.5 9.5.3.5 The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, including per diem expenses, the arbitrator’s if any, plus actual and necessary travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript facility expenses shall be divided shared equally between by the District and the aggrieved. 8.2.4.7 After parties, unless the arbitrator has been selecteddetermines either party's position is frivolous or lacks any substantial justification, hearings shall commence at in which case the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwisearbitrator may charge all costs and expenses against that party. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.

Level Three. If the grievant aggrieved is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within ten (10) days after the timeline described above in 8.2.3Level Two filing, the grievant may request in writing that GTA submit ask the Union to appeal the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work days after receipt of the Superintendent’s response Level Two decision should have been transmitted. The request to appeal to Level Three shall be made to the Union, with a copy to the Executive Director. The Union shall have thirty (Appendix K-530) may submit the grievance working days to determine whether to appeal to arbitration. The discretion to appeal to arbitration using rests solely with the appropriate form (see Appendix K-6). At all times during the Level Three grievance, the grievant shall be represented by GTAUnion. 8.2.4.1 4.3.4.3.1 The parties shall attempt to select a mutually acceptable impartial arbitrator. If the signatory hereto are unable to agree upon an arbitrator within ten (10) working days, a request for a list of arbitrators from shall be made to the California State Mediation and & Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list Service by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreementeither party, and the parties will then be bound by the C.S.M.C.S. rules in the selection of an impartial arbitrator shall interpret and the Agreement in accordance with accepted arbitral standards conduct of contract interpretationthe arbitration. If none of the arbitrators named on the list is acceptable, a new list may be requested. 8.2.4.4 4.3.4.3.2 The parties shall attempt to mutually agree upon the issue or issues to be submitted to the selected Arbitrator. If the parties cannot agree upon the submission statement, each party may submit its own arbitrator’s decision 's submission statement, and the Arbitrator shall then determine the issue or issues, by referring to the grievance and the answers thereto at each step. 4.3.4.3.3 The Arbitrator so selected will confer with the representatives of the Five Keys Schools and Programs and the Union and will schedule hearings to be held promptly and will issue his/her award not later than thirty (30) calendar days from the date of the close of the hearings, or, if oral briefs have been waived, then from the date the final statements and proofs were submitted to him/her. The Arbitrator's award will be in writing and will set forth the arbitrator’s his/her findings of fact, reasoning and conclusions of on the issue or issues submitted. The arbitrator Arbitrator will be without power or authority to make any decision that violates add to, subtract from, or modify the terms of this Agreement or the written policies, rules, and regulations and procedures of an act prohibited by law, or which is in violation of the terms of this Agreement. A copy The decision of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will Arbitrator shall be final and binding upon on the parties. 8.2.4.5 4.3.4.3.4 The District and GTA will bear equally the costs for the services of the arbitratorArbitrator, including, but not limited to, including per diem expenses, the arbitrator’s if any and his/her travel and subsistence expenses, and the cost costs of any hearing room will be borne by the court reporterparty the award is against. All other costs will be borne by the party incurring them. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.

Level Three. a. If the grievant aggrieved person is not satisfied with the disposition of the his/her grievance at Level Two, or if no written decision has been rendered within ten (10) school days after he/she has first met with the timeline described above in 8.2.3Superintendent, whichever is sooner, file the grievant may request grievance in writing that GTA with the President of the Association or his/her designee with a copy to the Superintendent of Schools requesting the Association to submit the his/her grievance to arbitration. GTA, by written notice If the Association determines that the grievance is meritorious and that submitting it to arbitration is in the Superintendent within ten (10) work days after receipt best interests of the Superintendent’s response (Appendix K-5) school system, it may submit the grievance to arbitration using within ten (10) school days after receipt of a request by the appropriate form aggrieved person by notifying the Superintendent to that effect. b. Within ten (see Appendix K-6). At all times during the Level Three grievance10) school days after such written notice of submission to arbitration, the grievant shall be represented by GTA. 8.2.4.1 The parties shall Board and the Association may agree upon a mutually acceptable arbitrator. If they are unable to agree on an arbitrator within such time, then either party may request the American Arbitration Association to designate a list panel of arbitrators experienced in public employment relations with reference to schools from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement, and the arbitrator shall interpret the Agreement which in accordance with accepted arbitral standards the rules then obtaining of contract interpretationthe American Arbitration Association an arbitrator will be selected or designated. 8.2.4.4 c. The arbitrator’s decision arbitrator so selected will be hold closed hearings promptly in writing the City of White Plains and will set forth issue a written award not later than thirty (30) days from the arbitrator’s findings of fact, reasoning and conclusions date of the issues close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted. The arbitrator will be without power or authority to make any decision that violates which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement; nor shall he/she have power to add to, subtract from, change or modify any provision of this Agreement. A copy He/she shall be authorized only to interpret the existing provisions of this Agreement and apply them to the specific facts of the award grievance. The decision of the arbitrator with respect to all grievances will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding upon the partiesadvisory only. 8.2.4.5 d. The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, per diem expenses, arbitrator will be borne equally by the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the School District and the aggrievedAssociation. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.

Level Three. If the grievant is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work days after receipt of the Superintendent’s response (Appendix K-5) may submit the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three grievance, the grievant shall be represented by GTA. 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day days of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement, and the arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of contract interpretation. 8.2.4.4 The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will without power or authority to make any decision that violates the terms of this Agreement. A copy of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding upon the parties. 8.2.4.5 The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.

Level Three. If Arbitration 1. The grievant must complete and submit the grievant is not satisfied with the disposition arbitration appeal section of the district grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice form to the Superintendent Superintendent/designee within ten fifteen (1015) work days after from the receipt of the disposition at Level Two or lack thereof. 2. The grievant must also file a request for arbitration with the American Arbitration Association (AAA) within fifteen (15) days after submitting the appeal to the Superintendent’s response (Appendix K-5) may submit /designee as provided in paragraph above, and send a copy to the superintendent and to the Association if the Association is processing the grievance for the grievant. 3. An arbitrator will be selected according to arbitration using the appropriate form (see Appendix K-6)procedures of the selected agency. 4. At all times during The costs for the Level Three grievancearbitrator shall be borne equally by the Board and the Association if representing the grievant or by the grievant if not represented by the Association. If a party withdraws from arbitration, the costs associated with the arbitrator shall, at the option of the remaining party, be borne by the party withdrawing unless both parties agree to mutually to withdraw, at which time costs shall be shared equally. 5. Either party shall be entitled to request a transcript of the proceeding at the requesting party’s expense. The other party may purchase a copy of said transcript if it chooses to do so. If both parties purchase transcripts, the cost will be shared equally. If the arbitrator requests a copy, such copy shall be forwarded, and the cost shall be borne equally by the parties. If the Board first obtains a copy of the transcript and the grievant then obtains a copy pursuant to the Public Records Act, the grievant shall be represented by GTAreimburse the Board for one-half of the Board’s cost for obtaining the transcript. The parties may agree not to have the testimony recorded if such agreement is made in advance of any arbitration hearing. 8.2.4.1 6. No party shall present new evidence after Level Two without apprising the other party of such material at least two (2) days before the new evidence is submitted. If either offers new evidence, the other party may reconsider its position stated at Level Two. 7. The Arbitrator shall hold a hearing with the parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select within fifteen (15) days after the arbitrator from has been chosen or as soon thereafter as the list by eliminating names until one name remains. The first option arbitrator can be available to: • Establish reasonable rules of elimination shall alternate. The one remaining name shall be conduct for the arbitrator. The process hearing • Inform the parties of striking names shall occur said rules and procedures and conduct the meeting • Allow any party to submit post-hearing briefs on request, and determine a reasonable time for submitting such briefs • Provide the parties with a written decision within 10 work day fifteen (15) days after the close of the hearing or after the receipt of post-hearing briefs, if any, or as soon thereafter as the list by both partiesschedule of arbitrator permits • With permission of the arbitrator, the above times may be extended 8. By mutual agreement the parties may submit documentary evidence and argument to the arbitrator and request that a decision be made without hearing. 8.2.4.2 If any question arises as to the arbitrability 9. The arbitrator’s decision shall include findings of the grievancefact, such question will first be ruled upon by the arbitratorreasoning, and conclusions on issues submitted. 8.2.4.3 10. The arbitrator shall not have no authority the power to add to, subtract from from, or modify in any way any term or provision within this contract, nor shall the terms arbitrator have the power to change any practice, policy, or rule of this Agreementthe Board, and nor to substitute the judgment of the arbitrator for the judgment of the Board. 11. The arbitrator shall refer back to the parties, without decision or recommendation on its merits, any grievance in which the arbitrator has no power to rule. 12. The decision of the arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of contract interpretation. 8.2.4.4 The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will without power or authority to make any decision that violates the terms of this Agreement. A copy of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding upon the parties. 8.2.4.5 The District and GTA will bear equally the costs for the services of the arbitrator. However, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any no party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined waives its right to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of appeal such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating decision to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearingsappropriate legal forum.

Level Three. If the grievant aggrieved is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within ten (10) days after the timeline described above in 8.2.3Level Two filing, the grievant may request in writing that GTA submit ask the Union to appeal the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work days after receipt of the Superintendent’s response Level Two decision should have been transmitted. The request to appeal to Level Three shall be made to the Union, with a copy to the Executive Director. The Union shall have thirty (Appendix K-530) may submit the grievance working days to determine whether to appeal to arbitration. The discretion to appeal to arbitration using rests solely with the appropriate form (see Appendix K-6). At all times during the Level Three grievance, the grievant shall be represented by GTAUnion. 8.2.4.1 4.3.4.3.1 The parties shall attempt to select a mutually acceptable impartial arbitrator. If the signatory hereto are unable to agree upon an arbitrator within ten (10) working days, a request for a list of arbitrators from shall be made to the California State Mediation and & Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list Service by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreementeither party, and the parties will then be bound by the C.S.M.C.S. rules in the selection of an impartial arbitrator shall interpret and the Agreement in accordance with accepted arbitral standards conduct of contract interpretationthe arbitration. If none of the arbitrators named on the list is acceptable, a new list may be requested. 8.2.4.4 4.3.4.3.2 The parties shall attempt to mutually agree upon the issue or issues to be submitted to the selected Arbitrator. If the parties cannot agree upon the submission statement, each party may submit its own arbitrator’s decision 's submission statement, and the Arbitrator shall then determine the issue or issues, by referring to the grievance and the answers thereto at each step. 4.3.4.3.3 The Arbitrator so selected will confer with the representatives of the Charter School and the Union and will schedule hearings to be held promptly and will issue his/her award not later than thirty (30) calendar days from the date of the close of the hearings, or, if oral briefs have been waived, then from the date the final statements and proofs were submitted to him/her. The Arbitrator's award will be in writing and will set forth the arbitrator’s his/her findings of fact, reasoning and conclusions of on the issue or issues submitted. The arbitrator Arbitrator will be without power or authority to make any decision that violates add to, subtract from, or modify the terms of this Agreement or the written policies, rules, and regulations and procedures of an act prohibited by law, or which is in violation of the terms of this Agreement. A copy The decision of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will Arbitrator shall be final and binding upon on the parties. 8.2.4.5 4.3.4.3.4 The District and GTA will bear equally the costs for the services of the arbitratorArbitrator, including, but not limited to, including per diem expenses, the arbitrator’s if any and his/her travel and subsistence expenses, and the cost costs of any hearing room will be borne by the court reporterparty the award is against. All other costs will be borne by the party incurring them. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.