Common use of Level V Clause in Contracts

Level V. In the event that the grievant is not satisfied with the decision at Level IV, the grievant may within seven (7) working days of the issuance of the Level IV decision, request the Association to submit the grievance to arbitration (a copy of such request shall be sent to the District). The Association may, within seven (7) working days after service of such request, give written notice to the superintendent/president of its interest to submit the grievance to arbitration. 1. The parties shall attempt to select a mutually acceptable arbitrator. 2. In the absences of such agreement, the parties shall request a list of seven (7) arbitrators with a background in public education from the California State Mediation and Conciliation Service. 3. If any questions arise as to the arbitrability of the grievance, such questions will be ruled upon first by the arbitrator. 4. The arbitrator’s decision will be in writing and will set forth findings of fact, reasoning, and conclusions on the issues submitted. 5. The arbitrator, in rendering his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. 6. The arbitrator’s authority shall be limited to deciding only the issue or issues presented by the District and the grievant of the grievant’s interpretation of the meaning or application of the language of this Agreement. 7. The decision of the arbitrator shall be advisory. 8. If the Governing Board rejects the arbitrator’s decision, it will justify its rejection in writing by the next board meeting to the parties. 9. Administration will not participate in discussion of the arbitrator’s decision in closed session. The costs of the compensation to the arbitrator and the reimbursement of the arbitrator’s travel and subsistence expenses will be borne equally by the District and the Association. All other costs will be borne by the party incurring the costs. If the Association determines not to pursue the grievance beyond grievance mediation, then the grievance process is complete.

Level V. In the event that the grievant is Arbitration 2.7.1 If not satisfied with the decision at Level IVIII and if Level IV is not successful, the grievant may grievant, within seven ten (710) working days of the issuance conclusion of the Level IV decisionIV, request the Association to submit the grievance to arbitration (a copy of such request shall be sent to the District). The Association may, within seven (7) working days after service of such may request, give written notice to the superintendent/president of its interest to in writing, that CSEA submit the grievance to arbitration. 12.7.2 CSEA, by written notice to the Superintendent within ten (10) days of the above request of the grievant, may submit the grievance to arbitration. 2.7.3 CSEA and the District shall, by mutual agreement, select an arbitrator. The parties shall attempt request the California State Conciliation Service to select supply a mutually acceptable arbitratorlist of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one remains. The order of striking shall be determined by lot. 22.7.4 In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issue(s) submitted. In If the absences of such parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by discussion with the parties shall request and by referring to the written grievance and the answers thereto at each step. It is agreed and understood that neither party may raise a list of seven (7) arbitrators with a background new issue, which was not discussed in public education from the California State Mediation and Conciliation Serviceprevious levels. 3. If any questions arise as 2.7.5 Alter the hearing, and after both parties have been given an opportunity to make written arguments, the arbitrability arbitrator shall submit his/her findings and decision to both parties. 2.7.6 The arbitrator shall have no power to add to, subtract from, or modify the terms of the grievanceagreement, such questions will nor shall the arbitrator be ruled upon first by empowered to render a decision on issue(s) not before the arbitrator. 4. The arbitrator’s decision will be in writing and will set forth findings of fact, reasoning, and conclusions on the issues submitted. 5. The arbitrator, in rendering his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. 6. The arbitrator’s authority shall be limited to deciding only the issue or issues presented by the District and the grievant of the grievant’s interpretation of the meaning or application of the language of this Agreement. 7. 2.7.7 The decision of the arbitrator shall be advisory. 8. If the Governing Board rejects the arbitrator’s decision, it will justify its rejection in writing by the next board meeting to the final and binding on all parties. 9. Administration will not participate in discussion 2.7.8 All costs for the services of the arbitrator’s decision in closed session. The costs of the compensation to the arbitrator , including, but not limited to, per diem expenses, travel, and subsistence expenses, and the reimbursement cost of the arbitrator’s travel and subsistence expenses will any hearing room, shall be borne equally by the District and the AssociationCSEA. All other costs will be borne by the burden of the party incurring them. 2.7.9 All documents, communications, and records dealing with the costs. If processing of a grievance will be filed in a separate grievance file and will not be kept in the Association determines not to pursue personnel file of any of the grievance beyond grievance mediation, then the grievance process is completeparticipants.

Level V. In the event that the grievant is 2.7.1 If not satisfied with the decision at Level IV, the grievant may grievant, within seven (7) working five days of the issuance of the Level IV decision, may request in writing that the Association to CSEA Chapter Executive Board submit the grievance to arbitration (a advisory arbitration. A copy of such the request shall be sent delivered to the Districtoffice of the Superintendent. 2.7.2 The CSEA Labor Relations Representative (LRR). The Association may, within seven (7) working days after service of such request, give by written notice to the superintendent/president Superintendent or designee within thirty-five days of its interest to the above request of the grievant, may submit the grievance to advisory arbitration. 12.7.3 CSEA LRR and the District shall, by mutual agreement, select an arbitrator. The parties shall attempt to select a mutually acceptable arbitrator. 2. In If no agreement can be reached within five days of the absences above request of such agreementCSEA LRR, the parties shall request the California State Conciliation Service to supply a list of seven (7) arbitrators with a background five names of persons experienced in hearing grievances in public education from the California State Mediation and Conciliation Serviceschools. Each party shall alternately strike a name until only one name remains. The order of striking shall be determined by lot. 32.7.4 For each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issue(s) submitted. If any questions arise as the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by discussion with the parties and by referring to the arbitrability written grievance and the answers thereto at each step. It is agreed and understood that neither party may raise a new issue which was not disclosed in preceding levels. 2.7.5 If any question arises regarding the arbitration of a grievance, the arbitrator shall make a determination on this issue prior to hearing the merits of the grievance, such questions will be ruled upon first by grievance unless the arbitratorarbitrator determines otherwise. 4. The arbitrator’s decision will be in writing 2.7.6 After the hearing and will set forth findings of factafter both parties have been given an opportunity to make written arguments, reasoning, and conclusions on the issues submitted. 5. The arbitrator, in rendering arbitrator shall submit his/her opinionfindings and proposed decision to both parties. 2.7.7 The arbitrator shall have no power to add to, shall not amend, modify, nullify, ignoresubtract from, or add modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision on issue(s) not before the provisions arbitrator. The authority of the Agreement. 6. The arbitrator’s authority arbitrator to award back pay shall be limited to deciding only sixty days prior to the issue or issues presented by the District and the grievant filing of the grievant’s interpretation grievance. The arbitrator shall also be without power or authority to make any decision which requires the commission or an act which is contrary to law. 2.7.8 The fees and expense of the meaning or application of the language of this Agreement. 7. The decision of the arbitrator arbitration shall be advisory. 8. If the Governing Board rejects the arbitrator’s decision, it will justify its rejection in writing by the next board meeting to the parties. 9. Administration will not participate in discussion of the arbitrator’s decision in closed session. The costs of the compensation to the arbitrator and the reimbursement of the arbitrator’s travel and subsistence expenses will be borne equally by the District and CSEA. A reporter shall be used to record the Associationhearing. Concerning transcripts, the cost shall be borne equally by both 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 costs will expenses shall be borne by the party incurring the costs. If the Association determines not to pursue the grievance beyond grievance mediation, then the grievance process is completethem.