12.9.3 Level III – Mediation – If a resolution is not reached at Level II, the grievant
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shall notify the Superintendent, or designee, in writing within ten (10) days and request to
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proceed to mediation. If the grievant does not make a request within this time limit, the
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grievance is deemed to be resolved. Upon receipt of the request for mediation, the
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District shall request a mediator from the California State Mediation and Conciliation
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Service. The selected mediator shall make a reasonable attempt to assist the parties in
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reaching a resolution. If the mediator cannot resolve the grievance, he/she shall notify the
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District and grievant. The recommendation of the mediator shall not be binding to the
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parties. The grievant may proceed to the next level.
12.9.4 Level IV - Appeal to Arbitrator or Superintendent - If within a period of
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twenty (20) working days after receipt of the decision rendered in Level III the grievant
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desires further consideration of the grievance, the grievant shall submit a request to
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CSEA to move the grievance to Level IV. CSEA shall submit a request on the
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appropriate District form to the Assistant Superintendent, Human Resources, that either
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the Superintendent or the Superintendent's designee or an arbitrator hear the case within
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thirty (30) working days of receiving the request by the grievant. If the grievant does not
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submit a request to CSEA to appeal the decision rendered in Level III or CSEA does not
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submit a request within the thirty (30) working days from receiving the grievant’ s
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request in writing within twenty (20) working days, the grievance is deemed to be
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resolved. The processing of a grievance beyond Level III shall constitute an express
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election on the part of the grievant that the grievance/arbitration procedure is the chosen
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forum for resolving the issues contained in the grievance, and that the grievant will not
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resort to any other forum or procedure for resolution or review of the issues. The parties
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do not intend by the provisions of this paragraph to preclude the enforcement of any
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arbitration award in any court of competent jurisdiction.
Article XII - 4
Revised 02/01/21
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