Common use of ADVISORY ARBITRATION OR MEDIATION Clause in Contracts

ADVISORY ARBITRATION OR MEDIATION. 15.5.1 The Grievant may, with the consent of the exclusive representative, have his/he Grievance reviewed by an Advisory Arbitration Committee, which shall be selected and governed by the following: 15.5.1.1 The Committee shall consist of three (3) members; one (1) to be named by the Grievant at the time the appeal is filed; one (1) to be named by the Employer within five (5) working days of the Employer's appointment. When constituted, the committee shall select a chairperson and sit within five (5) working days. The time lines may be extended by mutual agreement of both parties. 15.5.1.2 If agreement cannot be reached regarding the appointment of the third member by the first two (2) appointees within the time specified, the California Conciliation Service shall be requested to submit a list of five (5) names of individuals known to them to be knowledgeable in public elementary and secondary education. Each appointee shall alternately strike from the list until one (1) name remains with the name being the person designated to be the third member. The order of striking shall be determined by lot. 15.5.1.3 The Committee shall consider only those issues, which have been properly processed through all prior applicable steps of this procedure. 15.5.1.4 The Committee shall provide both the Employer's Representative and the Employee, or the Employee's Representative, a reasonable opportunity to present witnesses, evidence, and arguments. The rules of conduct for said presentations shall be determined by Committee majority. 15.5.1.5 The jurisdiction of the Committee shall be confined to a determination of the relevant facts and interpretation of the provisions of this Agreement. 15.5.1.6 The Committee may recommend remedies, including financial reimbursement, as part of its advisory decision. 15.5.1.7 Within ten (10) days of the Committee sitting, it shall render a written opinion to the Grievant and the Employer. Said opinion shall be advisory only and non-binding on either the Employer or the Grievant. 15.5.2 All expenses incurred on behalf of the Advisory Arbitration panel shall be shared equally by the Association and the Employer. The Association and the Employer will be responsible for their own costs incurred in Advisory Arbitration. The Employer shall invoice the Association by mail and the Association shall reimburse the Employer within twenty 15.5.3 As an alternative to Advisory Arbitration, the Grievant may request that the matter be heard by a mediator from the State Mediation and Conciliation Service in an attempt to resolve the matter or seek other legal remedies in a court of competent jurisdiction.