Arbitration Level a. Within five (5) days following appeal to Arbitration, the parties shall meet to prepare a joint letter to the Federal Mediation and Conciliation Service, requesting a list of seven (7) arbitrators from the region, including New Mexico.
b. The parties will strive to mutually agree upon an Arbitrator. If the parties fail to agree upon an Arbitrator, each party will strike one name, followed by the other party striking one name, until a single name remains; and that person shall become the selected Arbitrator. The party required to strike the first name will be determined by the toss of a coin. The striking of names will occur within ten (10) days of receipt of the list by both parties.
c. The Arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the Federal Mediation and Conciliation Service (FMCS) and the provisions of this Article. The Arbitrator's decision shall be final and binding.
d. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the Arbitrator.
e. The Arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement; and the Arbitrator shall interpret this Agreement in accordance with the accepted arbitral standards of contractual interpretation.
f. The Arbitrator's decision will be in writing and will set forth the Arbitrator's finding of fact, reasoning, and conclusion of the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association.
g. All costs of the service of the Arbitrator, including, but not limited to per diem expenses, travel, and subsistence, and the cost of any hearing room, will be borne equally by the District and the Association. All other costs will be borne by the party incurring them. If the aggrieved is not represented by the Association, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing (An average of prior shared arbitration costs).
h. If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript.
i. The determination of the Arbitrator shall be acted upon as soon as possible but in no case more than thirty (30) days following receipt of the decision.
Arbitration Level. If the grievant is not satisfied with the disposition of the grievance at the mediation level, the Federation may request, in writing, within ten (10) days a hearing before an arbitrator. If the Federation should decline to request arbitration a grievant may request a hearing before the Board of Trustees within the ten (10) day time period. Such written request shall be filed in the office of the superintendent as per guidelines above. When arbitration has been requested, the parties shall contact the California State Mediation and Conciliation Services for a list of seven (7) arbitrators. The Federation and the representative from the office of the superintendent shall alternately strike names from such list until only one (1) name remains. Each party shall bear the full cost of its representation in arbitration. The arbitrator's fees and charges shall be divided equally between the Federation and the District. A certified court reporter may be employed to record verbatim the entire arbitration hearing if requested by either the grievant or the District. In any case in which a court reporter is involved, the parties shall share equally the cost of such reporter, including per diem, mileage, and other out-of-pocket expenses. If the arbitrator requests a court reporter, the parties shall likewise share equally the cost of such reporter. The cost of transcripts shall be borne by the party ordering such transcripts. The function of arbitration shall be:
Arbitration Level. Failing a satisfactory response under Step 2, the Union may, within TWENTY (20) working days after the Step 2 response, submit the matter to arbitration. Grievances submitted to a Board of Arbitration shall, where possible, be in writing, and shall clearly specify the nature of the issue.
Arbitration Level. If a satisfactory disposition of the grievance is not made as a result of the meeting provided for in Step Three above, the Association shall have the right to appeal the dispute to an impartial arbitrator under and in accordance with the rules prescribed by the American Arbitration Association and provisions of this Agreement, which proceedings shall be initiated by filing with the Board or Association, as the case may be, a Notice of Arbitration. The Notice of Arbitration shall be filed within twenty (20) calendar days after the date of the meeting provided in Step Three above. The Notice of Arbitration shall include a statement setting forth precisely the issue to be decided by the arbitrator and the specific article or provisions of this Agreement involved. The arbitrator shall issue his decision not later than thirty (30) calendar days from the date of the closing of the hearing, or if oral hearing has been waived, then from the date of transmitting the final statement and proofs to the arbitrator. The decision of the arbitrator shall be in writing and shall set forth the arbitrator's opinion and conclusion on the issue submitted. The arbitrator shall limit his decision strictly to the application and interpretation of the provisions of this agreement.
Arbitration Level a. When a grievance remains unsettled after having been fully processed through the appropriate level designated, such grievance may be submitted to arbitration, only if the grievance involves the interpretation and/or application of this Agreement or an alleged violation thereof and if such grievance does not involve rights and responsibilities conferred upon the Board by Statute.
b. Upon written request of the Federation, a grievance may be submitted to the American Arbitration Association for arbitration in accordance with its rules, provided such request is made within fifteen days after the decision is rendered at Step 3.
c. The arbitrator shall hear only one grievance at a time. His/her decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions of the issues before him/her. The arbitrator shall not add to, subtract from or modify the language of this Agreement; he/she shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator shall be final and binding upon all parties in interest.
d. The cost of arbitration shall be borne equally by the Board and the Federation.
Arbitration Level. If a grievance has been properly processed through Step Two, and has not been resolved to the satisfaction of the grievant, then the grievant may appeal the grievance to Arbitration.
Arbitration Level. If a satisfactory disposition of the grievance is not made as a result of the meeting provided for in Step Three above, the Association shall have the right to appeal the dispute to an impartial arbitrator under and in accordance with the rules prescribed by the American Arbitration Association and provisions of this Agreement, which proceedings shall be initiated by filing with the Board or Association, as the case may be, a Notice of Arbitration.
Arbitration Level. 21.6.1 If not satisfied with the decision of the Board, the Employee may within 15 days after receipt of the decision submit the grievance to arbitration through the Association. The Association shall notify the Board in writing of its decision to proceed to arbitration.
21.6.2 Within 10 days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator and to obtain such a commitment within the 10-day period, a request for a list of arbitrators shall be made to PERC by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
21.6.3 The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly, and shall issue a decision not later than 20 days from the date of the close of the hearings, or if oral hearings have been waived, then from the date that the final settlements and proofs are submitted to the arbitrator.
21.6.4 The arbitrator's decision shall be in writing and shall set forth the findings of facts, reasoning, and conclusion on the issue submitted. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates, adds to, subtracts from or modifies in any way the specific and expressed terms of this Agreement. The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented involving the specific grievance.
21.6.5 The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding only if the grievance alleges a violation of this Agreement. All other grievances shall result in an advisory decision only.
Arbitration Level. If the grievance remains unresolved and if the grievance involves an alleged violation by the Authority of an express provision of this Contract, then the Union may submit the grievance in writing (copy to the Authority) to the American Arbitration Association or to the PERB Grievance Arbitration Service for the selection of an arbitrator to resolve the grievance in accordance with its rules and regulations. The decision of the arbitrator shall be final and binding upon both parties to this Contract.
