12.9.4.2.2 After the selection of the arbitrator the Superintendent or
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his/her designee and the grievant shall attempt to agree upon the issue
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or issues to be submitted to the arbitrator and this agreement shall be
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reduced to writing. If they are unable to agree upon a submission
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agreement, the arbitrator shall determine the issues by referring to the
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written grievance and the answers thereto at Level III.
12.9.4.2.3 The arbitrator shall consider only those issues which have
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been properly carried through all prior steps of the grievance
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procedure. Any issues not properly processed through the grievance
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procedure shall not be arbitrable. Only the arbitrator has the authority
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to find that the timelines were not observed.
12.9.4.2.4 The arbitrator shall afford the Association and District
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representatives a reasonable opportunity to present evidence,
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witnesses, and arguments.
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The arbitrator shall render a written decision on this issue or issues
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submitted to him as soon as possible after the close of the hearing.
12.9.4.2.5 The meetings of the arbitrator shall be closed to the
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public and to employees of the District not specifically called by the
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arbitrator, unless both the grievant and the grievant's immediate
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supervisor agree that such meetings shall be open.
Article XII - 6
Revised 02/01/21
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