Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed:
(1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement.
(3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator.
(4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, a...
Advisory Arbitration. SEIU may appeal the decision of the Chancellor (or designee) regarding employee termination within twenty-five (25) days after receipt of the written decision of the Chancellor (or designee) to an arbitrator. The appeal shall be filed in the office of the Chancellor and shall include all pertinent written material. The arbitrator shall be chosen from a rotational list of neutral third parties provided by the California State Mediation and Conciliation Service. The cost of the arbitrator shall be born equally between the parties. The representatives of the parties will meet in advance of the hearing to attempt to agree on the issues to be presented to the arbitrator and the remedy sought. The arbitrator shall conduct a hearing with the parties to the grievance within thirty (30) days or as soon as the arbitrator is able to schedule the hearing. The parties to the grievance will be allowed to attend all hearings at which information is given to the arbitrator. Sessions of the arbitration shall be private, with attendance limited to the members of the arbitration, the parties to the grievance, their representatives, and witnesses called by the arbitrator. While the proceeding is pending before the arbitrator, no disclosure of the proceeding shall be made public without concurrence of the arbitrator and the parties to the grievance. The arbitrator shall issue his/her decision no later than twenty (20) days from the date of the close of the hearings. The arbitrator’s decision shall be in writing, shall include findings of fact, reasoning and conclusions on issues submitted, and shall be transmitted promptly to all parties in interest and the Board of Trustees. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of the Agreement. He/She shall consider and decide only the specific issue(s) submitted to him/her in writing by the parties and shall have no authority to make recommendations on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way to applicable laws and rules and regulations having the force and effect of law. The arbitrator shall rule only on the termination of the employee and shall be advisory to the Board of Trustees.
Advisory Arbitration. In the event that mediation results in a continued impasse, the remaining items in contention will be referred to an advisory arbitrator. The suggested procedures of the American Arbitration Association shall be followed in the selection of such arbiter. Cost for the advisory arbiter shall be borne equally by the Association and the Board.
Advisory Arbitration. As an alternative procedure for the resolution of impasses, the County and SEIU may, upon mutual agreement, including agreement as to procedure, submit matters in dispute in the course of the meet and confer process to advisory arbitration. Further, disputes arising in a context other than the meet and confer process, e.g. disputes relating to administration of this Memorandum, to formal complaints, to interpretations of codes, resolutions, Board Orders, and ordinances dealing with employee rights and benefits shall, upon mutual agreement, be processed through an impasse procedure. Neither this Section nor the exercise of the option to utilize an impasse procedure shall be deemed as making any matter which is reserved to the County as a right of management in the Employer-Employee Relations Policy a matter subject to the meet and confer process.
Advisory Arbitration. In the case of Category Two grievances, render a recommendation to the Office of the President. The President's decision will be final and binding for all internal University purposes. Such decision will be rendered within 15 working days of receipt of the arbitrator's report. If the President modifies or rejects the recommendations of the arbitrator, he/she will set forth in writing the reasons for such modification or rejection.
Advisory Arbitration. 29 It shall be the function of the arbitrator to make a recommendation to resolve the 30 grievance. Such recommendations are advisory only.
Advisory Arbitration a. Post hearing briefs may be submitted to an arbitrator following an arbitration hearing if such briefs are postmarked no later than five (5) days following the close of the hearing.
b. An electronic recording of the arbitration hearing may be made at the arbitrator's request for the arbitrator's use only. No stenographic record will be kept.
c. The fees of arbitration, up to a maximum of $600 per arbitration, shall be be paid by PSU/KBOR. Arbitration fees and expenses in excess of $600 shall be divided equally between PSU/KNEA and PSU/KBOR.
d. It shall be the faculty member's burden to prove that the overall performance appraisal adjectival rating is unjust or unfair in light of the faculty member’s annual accomplishment report, the evidence presented at the time the performance appraisal process was completed, and the Performance Appraisal Guidelines and Procedures of this Agreement.
Advisory Arbitration. 5.5.1 The Arbitrator’s decision shall be advisory and he/she shall be selected and governed by the following:
Advisory Arbitration. Any claim, dispute or other matter in question arising out of or related to this Agreement may be subject to advisory arbitration if the parties mutually agree. Prior to arbitration, the parties may endeavor to resolve disputes by mediation in accordance with the mediation provisions above.
Advisory Arbitration. 6.8.1 If the Association proceeds to arbitration, it shall notify the District in writing within ten (10) days of the Step 2 decision.
6.8.2 Within ten (10) days the Association and the District grievance officer shall attempt to agree upon an advisory arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the advisory arbitrator. The order of striking shall be determined by lot.
6.8.3 The fees and expenses of the advisory arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them.
6.8.4 The advisory arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted. If the parties cannot agree upon a submission agreement, the advisory arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
6.8.5 The advisory arbitrator will have no power to add to, subtract from, or modify the terms of this agreement, or the written policies, rules, regulations, and procedures of the District.
6.8.6 After a hearing and after both parties have had an opportunity to make written arguments, the advisory arbitrator shall submit, in writing, to all parties, his/her findings and recommendation for possible implementation by the Superintendent or designee within thirty (30) days.
