Neutral Third Party. 1. In the event that the Reclassification committee does not reach a decision to approve or decline a reclassification request, but concludes with a three (3) by three (3) stalemate, then the reclassification application will be reviewed by a neutral third party to be paid by the District. The neutral third-party shall be selected jointly by the District and CSEA to deliberate the reclassification in question. In the event the District and CSEA cannot agree on a neutral third-party, that party shall be a mediator employed by the State Conciliation/Mediation Service.
Neutral Third Party. If the grievance is not resolved at Step 3, then the party seeking resolution may, at its option, proceed to the next level, which is a request for arbitration. A written request for arbitration must be submitted with a copy to the American Arbitration Association, within ten (10) school days after receiving the Step 3 response. The notice shall set forth the claim submitted for arbitration, the specific provision(s) of the Agreement involved, and the remedy sought. The aggrieved party shall request the AAA to process the grievance to arbitration in accordance with the voluntary labor arbitration rules of the American Arbitration Association for this proceeding. Date of mailing or hand-delivery shall constitute filing under this Article. The arbitrator shall have no authority to add to, subtract from, fail to apply, alter, amend or in any way modify the terms and provisions of the Agreement. An arbitrator may provide for and direct such relief as the arbitrator deems necessary and proper, subject to the limitations set forth herein and any applicable limitation of law. If the parties cannot agree upon the designation of an impartial arbitrator, either party may within seven (7) school days following the request for arbitration, ask the American Arbitration Association to submit a panel of five (5) arbitrators from which to select the arbitrator. To select the arbitrator, each party shall strike two (2) names from the list, and the remaining name shall be the arbitrator. The party requesting the arbitration shall make its strikes first. The arbitrator selected from the list above shall hear the evidence presented by both parties in accordance with AAA Rules, and shall render his/her decision in writing within sixty (60) calendar days from the date of the hearing. The arbitrator’s decision shall be final and binding on the Employer, the Union and the Grievant. The fees and expenses of the arbitrator shall be paid by the party who loses the arbitration. The costs, if any, of a hearing room, shall be shared costs between the Employer and the Union. Without mutual written agreement to the contrary, only one grievance shall be heard at any one arbitration hearing.
