Arbitrated Grievance. If the grievant is not satisfied with the decision at Level Three or the grievance has not been resolved through mediation, he/she may request AFT to submit the grievance to arbitration within ten (10) workdays of receipt of the Level Three response or within ten (10) workdays of the conclusion of mediation. If AFT concurs with the grievant’s request for advisory arbitration, the District and AFT shall select an arbitrator from the California State Mediation and Conciliation Service by the method of alternate striking from a list of arbitrators supplied by the CSM and CS. The request for such list shall be made by the District within five (5) days of the receipt of the Level Five appeal. The striking and resultant request for an arbitration hearing date shall be made by AFT as soon after receipt of the arbitrator list as possible.
Arbitrated Grievance. If CSEA is not satisfied with the decision at Level IV, CSEA may submit the grievance to arbitration on the District Classified Grievance Form. As soon as possible, the district and CSEA shall select an arbitrator from the California State Mediation & Conciliation Service by the method of alternate striking from a list of arbitrators supplied by the C.S.M. &
Arbitrated Grievance. If the grievant is not satisfied with the decision at Level III, CFT/PFA may submit the grievance to arbitration. If CFT/PFA requests advisory arbitration, the district and CFT/PFA shall select an arbitrator from the California State Mediation and Conciliation Service (SMCS) by the method of alternate striking from a list of arbitrators supplied by the SMCS. The request for such list shall be made by the district within five (5) days of the receipt of the Level III appeal. The striking and resultant request for an arbitration hearing date shall be made by CFT/PFA as soon after receipt of the list as possible.
Arbitrated Grievance. If the grievant is not satisfied with the decision at Level III, the Association may submit the grievance to arbitration within ten (10) days of the Superintendent's decision; and the District shall comply with the request except in cases of disputed arbitrability which shall be provided for hereinafter. The Association and the District shall attempt to agree upon an arbitrator; and if no agreement can be reached in seven (7) days, the parties shall request the American Arbitration Association to administer the arbitration in accordance with its rules.
Arbitrated Grievance. If CSEA is not satisfied with the decision at Level IV, CSEA may submit the grievance to arbitration on the Grievance Form. As soon as possible, the district and CSEA shall select an arbitrator from the C.S.M. & C.S. by the method of alternate striking from a list of arbitrators supplied by C.S.M. & C.S. The request for such list shall be made by the district within ten (10) working days of the receipt of the District Classified Grievance form notifying the district of the intent to move to arbitration.
Arbitrated Grievance. If the grievant is not satisfied with the decision at Level II, he/she may request the Association to submit the grievance to arbitration. If the Association concurs with the grievant's request for arbitration, the Association shall, within ten (10) days of the Superintendent's decision, submit a request in writing to the Superintendent for arbitration of the dispute; and the District shall comply with the request except in cases of disputed arbitrability which shall be provided for hereinafter. The Association and the District shall attempt to agree upon an arbitrator; and if no agreement can be reached in seven (7) days, the parties shall request the American Arbitration Association to administer the arbitration in accordance with its rules. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, including fees for witnesses and conferees, or the costs of substitutes for witnesses and conferees, shall be borne by the party incurring them, except as provided elsewhere in this Article. The grievant and one representative shall be provided release time for any hearings at Level III. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. However, if the District claims the grievance is not arbitrable and should be dismissed for reasons which do not go to the merits (e.g. mootness, untimeliness, subject matter beyond the scope of the grievance procedure) the District may cause its claim to be heard and ruled upon by an arbitrator prior to the arbitrator hearing the merits. If the District plans to invoke this claim, it shall so advise AEEA prior to the selection of the arbitrator to hear the merits of the alleged grievance. An arbitrator shall then be selected to hear this arbitrability claim. The arbitrator to hear the arbitrability claim shall be selected pursuant to this section. If this arbitrator determines the grievance is arbitrable, he/she shall be selected to hear the merits unless there is mutual agreement of the parties. If the arbitrator determines the grievance is not arbitrable, such decision shall terminate Level III.
