Common use of Advisory Arbitration Clause in Contracts

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. SEIU may appeal a. If the decision employee is not satisfied with the determination of the Chancellor (grievance by the City Manager, or designee) regarding City Council in the case of the City Manager, the employee termination may submit the grievance, excluding warnings and reprimands, to advisory arbitration. If the employee determines to pursue the grievance to advisory arbitration, he/she must so notify the City Manager, or City Council in the case of the City Manager, within twenty-five (25) 10 calendar days after receipt the date of the written decision decision. In the event that the employee makes a timely request for arbitration, the parties shall request a list of arbitrators from the Chancellor (California State Conciliation Service or designee) to an arbitrator. The appeal shall be filed in any other entity the office of the Chancellor and shall include all pertinent written material. parties mutually agree upon. b. The arbitrator shall be chosen from a rotational list of neutral third parties provided selected by the California State Mediation following procedure: The employee and Conciliation Servicethe City's representative shall select the arbitrator from the list by eliminating names until one name remains. The one remaining name shall be the arbitrator. c. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of this Agreement. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement, or the ordinances, written policies, rules, regulations, and/or procedures of the City. d. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator shall be born divided equally between the City and the employee. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties mutually request a transcript, the total cost of the transcript shall be divided equally between the parties. The representatives of . e. After the parties will meet in advance conclusion of the hearing and any post-hearing briefs which may be filed, the arbitrator shall render an advisory decision, in writing, to attempt the parties. If either party is dissatisfied with the arbitrator's decision, the party may appeal the matter to agree on the issues City Council for its review. Such appeal must be in writing and set forth the basis for the appeal. The appeal must be submitted within 10 calendar days following receipt of the arbitrator's decision. f. If the grievance is appealed to the City Council, the City shall provide the City Council with a copy of the record, including any transcript, if any, made of the hearing, for City Council's review. Both parties shall have the right to present written argument in support of their positions. Such written argument shall be presented to the arbitrator and City Council not less than 5 days prior to any scheduled meeting. Both parties shall also have the remedy soughtright to present oral arguments in support of their positions. The arbitrator lengths of oral arguments shall conduct a hearing with be determined by the parties to City Council. Procedures for consideration of the grievance within thirty (30) days or as soon as appeal shall be determined by the arbitrator is able to schedule the hearingCity Council. The parties to City Council shall consider the grievance will be allowed to attend all hearings appeal at which information is given to the arbitrator. Sessions a regular, adjourned, or special meeting of the arbitration shall be private, with attendance limited to the members City Council. Following consideration of the arbitrationappeal, and not later than the second regularly scheduled meeting thereafter, 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 City Council shall be made public without concurrence of the arbitrator and the parties to the grievancerender its decision in writing. 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 City Council'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 Trusteesfinal.

Advisory Arbitration. SEIU may appeal the decision Within ten (10) work days of the Chancellor (or designee) regarding employee termination within twenty-five (25) days after receipt Association notifying the District of the written decision of the Chancellor (or designee) intent 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 pursue advisory arbitration, representatives of the parties will meet in advance of District and the hearing to Association shall attempt to agree on the issues to be presented to the upon a mutually acceptable arbitrator and the remedy soughtobtain a commitment from said arbitrator to serve. The arbitrator shall conduct a hearing with If the parties are unable to agree upon an arbitrator, the grievance within thirty Association or the District shall request a list of Arbitrators from the State Mediation & Conciliation Service (30) days or as soon as the arbitrator is able to schedule the hearingSMCS). The parties to may mutually agree upon an arbitrator from the grievance list provided by SMCS, or the arbitrator will be allowed to attend all hearings at which information is given to selected by striking method with the arbitratorAssociation striking first. Sessions Any arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the arbitration American Arbitration Association. The Association and District shall be private, with attendance limited to the members each pay one- half (1/2) of the arbitration, the parties to the grievance, their representatives, and witnesses called any charges required 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 hearingsSMCS for services rendered. The arbitrator’s 's decision shall be in writing, writing and shall include set forth the findings of fact, reasoning 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 issues submitted. The arbitrator shall be without power or authority to make decisions contrary any decision that requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to recommend any award, financial reimbursement or other remedies as she/he judges to be proper. The decision of the arbitrator shall be submitted to the Association and the District and will be advisory only. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after she/he has had an opportunity to hear the merits of the grievance. All costs for the services of the arbitrator, including but not limited to, or inconsistent withper diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room and court reporter, shall be borne equally by the District and the Association. All other costs, except for released-time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them. If the grievance is not resolved at this level, or modifying or varying if the Superintendent/President has not rendered a decision within five (5) work days after meeting with the grievant and/or after receipt of an arbitrator’s advisory decision, the grievant may appeal the decision 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 writing to the Board of TrusteesTrustees within ten (10) workdays of receipt of the decision or of the expiration of the Level Three time limit, if no decision has been rendered. The written appeal to Level Five shall include a copy of the original alleged grievance, all decisions rendered at prior levels, if any, and the reasons for the appeal.

Advisory Arbitration. SEIU may appeal the decision Within ten (10) work days of such notification, of the Chancellor (or designee) regarding employee termination within twenty-five (25) days after receipt Association notifying the District of the written decision of the Chancellor (or designee) intent 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 pursue advisory arbitration, representatives of the parties will meet in advance of District and the hearing to Association shall attempt to agree on the issues to be presented to the upon a mutually acceptable arbitrator and the remedy soughtobtain a commitment from said arbitrator to serve. The arbitrator shall conduct a hearing with If the parties are unable to agree upon an arbitrator within the grievance within thirty specified period, the Association or the District shall request a list of Arbitrators from the State Mediation & Conciliation Service (30) days or as soon as the arbitrator is able to schedule the hearingSMCS). The parties to may mutually agree upon an arbitrator from the grievance list provided by SMCS, or the arbitrator will be allowed to attend all hearings at which information is given to selected by striking method with the arbitratorAssociation striking first. 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 Any The selection of the arbitrator and the parties to arbitration proceedings shall be conducted under the grievanceVoluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator Association and District shall issue his/her decision no later than twenty each pay one-half (201/2) days from of any charges required by the date of the close of the hearingsSMCS for services rendered. The arbitrator’s 's decision shall be in writing, writing and shall include set forth the findings of fact, reasoning 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 issues submitted. The arbitrator shall be without power or authority to make decisions contrary any decision that requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to recommend any award, financial reimbursement or other remedies as she/he judges to be proper. The decision of the arbitrator shall be submitted to the Association and the District and will be advisory only. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after she/he has had an opportunity to hear the merits of the grievance. All costs for the services of the arbitrator, including but not limited to, or inconsistent withper diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room and court reporter, shall be borne equally by the District and the Association. All other costs, except for released-time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them. If the grievance is not resolved at this level, or modifying or varying if the Superintendent/President has not rendered a decision within five (5) work days after meeting with the grievant and/or after receipt of an arbitrator’s advisory decision, the grievant may appeal the decision 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 writing to the Board of TrusteesTrustees within ten (10) workdays of receipt of the decision or of the expiration of the Level Three time limit, if no decision has been rendered. The written appeal to Level Four Five shall include a copy of the original alleged grievance, all decisions rendered at prior levels, if any, and the reasons for the appeal.

Advisory Arbitration. SEIU may appeal the decision Within ten (10) work days of the Chancellor (or designee) regarding employee termination within twenty-five (25) days after receipt Association notifying the District of the written decision of the Chancellor (or designee) intent 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 pursue advisory arbitration, representatives of the parties will meet in advance of District and the hearing to Association shall attempt to agree on the issues to be presented to the upon a mutually acceptable arbitrator and the remedy soughtobtain a commitment from said arbitrator to serve. The arbitrator shall conduct a hearing with If the parties are unable to agree upon an arbitrator, the grievance within thirty Association or the District shall request a list of Arbitrators from the State Mediation & Conciliation Service (30) days or as soon as the arbitrator is able to schedule the hearingSMCS). The parties to may mutually agree upon an arbitrator from the grievance list provided by SMCS, or the arbitrator will be allowed to attend all hearings at which information is given to selected by striking method with the arbitratorAssociation striking first. Sessions Any arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the arbitration American Arbitration Association. The Association and District shall be private, with attendance limited to the members each pay one- half (1/2) of the arbitration, the parties to the grievance, their representatives, and witnesses called any charges required 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 hearingsSMCS for services rendered. The arbitrator’s 's decision shall be in writing, writing and shall include set forth the findings of fact, reasoning 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 issues submitted. The arbitrator shall be without power or authority to make decisions contrary any decision that requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to recommend any award, financial reimbursement or other remedies as she/he judges to be proper. The decision of the arbitrator shall be submitted to the Association and the District and will be advisory only. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after she/he has had an opportunity to hear the merits of the grievance. All costs for the services of the arbitrator, including but not limited to, or inconsistent withper diem expenses, travel and subsistence expenses, and the cost, if any, of a hearing room and court reporter, shall be borne equally by the District and the Association. All other costs, except for released-time for the grievant(s), Association representative(s), and witnesses, shall be borne by the party incurring them. If the grievance is not resolved at this level, or modifying or varying if the Superintendent/ President has not rendered a decision within five (5) work days after meeting with the grievant and/or after receipt of an arbitrator’s advisory decision, the grievant may appeal the decision 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 writing to the Board of TrusteesTrustees within ten (10) workdays of receipt of the decision or of the expiration of the Level Three time limit, if no decision has been rendered. The written appeal to Level Five shall include a copy of the original alleged grievance, all decisions rendered at prior levels, if any, and the reasons for the appeal.

Advisory Arbitration. SEIU may appeal If mediation is not conducted, a request for advisory arbitration must be submitted to the decision Office of the Chancellor Superintendent/President no later than ten (or designee) regarding employee termination within twenty-five (2510) days after receipt termination of Level Three. If mediation is conducted, a request for advisory arbitration must be submitted to the Office of the written decision Superintendent/President no later than ten (10) days after the date the mediation concludes. Within ten (10) days of the Chancellor (or designee) to Faculty Assembly’s request for arbitration, the FA and the District shall mutually select an arbitrator. The appeal If no agreement can be reached, the parties shall be filed in the office of the Chancellor and shall include all pertinent written material. The arbitrator shall be chosen request from a rotational list of neutral third parties provided by the California State Mediation and & Conciliation ServiceService (SMCS) a list of five (5) arbitrators, preferably with experience in hearing grievances in community college matters. The cost of the arbitrator Each party 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 alternately strike a hearing with the parties to the grievance within thirty (30) days or as soon as the arbitrator is able to schedule the hearingname until one name remains. The parties to shall determine who strikes first by coin toss. The remaining panel member shall be the grievance will be allowed to attend all hearings at which information is given to the impartial arbitrator. Sessions of the arbitration shall be private, with attendance limited to the members of the arbitration, the parties to the grievance, their representatives, The fees 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 expenses of the arbitrator and the hearing shall be borne equally by the District and the FA, provided, however, that if the College superintendent/president makes a final decision in resolution of the grievance which is contrary to the advisory decision made by the arbitrator, then the District shall pay the full amount of the arbitrator’s fees and expenses. All other expenses shall be borne by the party incurring them. The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings and direct the parties to focus their presentations on issues which could dispose of all or part of the grievance. The parties may offer such evidence, including the testimony of witnesses under oath, as is relevant and material to the dispute. The arbitrator shall issue his/her decision no later than twenty (20) days from determine the date admissibility, the relevance, and materiality of the close evidence offered and may exclude evidence deemed by the arbitrator to be cumulative or irrelevant. Conformity to legal rules of evidence shall not be necessary. If any question arises as to the hearingsability to arbitrate the grievance, such question will be ruled upon by the arbitrator. If the arbitrator determines the grievance is arbitrable, the arbitrator shall, on the same date, hear the grievance based upon its merits. The arbitrator’s 's advisory decision shall be in writing, writing and shall include set forth the findings of fact, reasoning reasoning, and conclusions on of the issues submitted, and shall be transmitted promptly to all parties in interest and the Board of Trustees. The arbitrator shall have no right may recommend remedies as she/he judges 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 submittedbe proper. The arbitrator shall be without power or authority to make decisions contrary to, any decision that requires the commission of an act prohibited by law or inconsistent with, or modifying or varying in any way to applicable laws and rules and regulations having which violates the force and effect terms of lawthis Agreement. The decision of the arbitrator shall rule only on be submitted to the termination of grievant, the employee Faculty Assembly president, and the College superintendent/president. After consulting with the grievant, the Faculty Assembly president shall confer with the superintendent/president and together they shall attempt to either: (1) accept the arbitrator’s decision with or without minor modifications; (2) remand the case back to the arbitrator to make additional findings or clarifications and re-submit the decision. If the College superintendent/president and Faculty Assembly president are unable to reach a resolution, the College superintendent/president shall decide the appropriate resolution. The superintendent/president’s decision shall be advisory to final and conclude the Board of Trusteesgrievance procedure.

Advisory Arbitration. SEIU If the Grievance is not resolved at mediation, the Union may appeal the decision request arbitration with seven (7) calendar days of the Chancellor failed mediation. Within seven (or designee7) regarding employee termination within twenty-five (25) working days after receipt of the written decision notice of intent to arbitrate, the Parties shall attempt to select a neutral arbitrator to hear and determine the dispute. In the event the Parties are unable to agree upon a neutral arbitrator, either Party or its representative may refer the matter to the American Arbitration Association to request a panel of seven (7) arbitrators and the Parties shall choose the arbitrator in accordance with the rules of the Chancellor (or designee) to an arbitratorAmerican Arbitration Association. 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 All hearings held by the California State Mediation and Conciliation Service. The cost of the arbitrator shall be born equally between in closed sessions and no news releases shall be made concerning progress of the partieshearings. The arbitrator's report shall be submitted in writing to the Parties only, and shall set forth the arbitrator’s findings of fact, reasoning, conclusions, and recommendations on the issues submitted. The arbitrator’s report shall be advisory only, and binding neither on the District nor on the Union. Within five (5) calendar days after receiving the report of the arbitrator, representatives of the parties Parties will meet in advance to discuss the report, and, if necessary, implementation of the hearing to attempt to agree on the issues to report. No public releases may be made until after such meeting. The arbitrator’s non-binding recommendation shall be presented to the arbitrator and the remedy sought. The arbitrator shall conduct a hearing with the parties to the grievance Board within thirty (30) days or as soon as after the arbitrator is able Parties meeting to schedule discuss the hearingreport. The parties to Board’s action on the grievance will be allowed to attend all hearings at which information is given to the arbitrator. Sessions of the arbitration non-binding recommendation 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 submittedfinal. The arbitrator shall be without the power or authority to make decisions any recommendation or decision contrary to, to or inconsistent with, increasing or decreasing any term, enlarging or diminishing any benefit or power, or modifying or varying in any way to applicable laws and rules and regulations having the force and effect terms of lawthis Agreement. The arbitrator Parties shall rule only on share equally the termination entire cost of the employee arbitrator and shall be advisory any other costs or expenses arising from or relating to the Board of Trusteesarbitration.