Binding Arbitration Pilot Sample Clauses
The Binding Arbitration Pilot clause establishes a process where disputes between parties are resolved through arbitration rather than litigation, with the arbitrator’s decision being final and legally binding. Typically, this clause outlines the procedures for initiating arbitration, the selection of arbitrators, and the scope of issues subject to arbitration, often as part of a trial or experimental program to assess the effectiveness of arbitration in resolving disputes. Its core practical function is to provide a faster, more cost-effective, and private alternative to court proceedings, thereby reducing the burden on judicial resources and offering parties a definitive resolution mechanism.
Binding Arbitration Pilot. The District and the Union Agree to a pilot of three years (3) of binding arbitration to replace advisory arbitration in Article 17, which shall begin the first business day after adoption of the successor Agreement by the Governing Board. Immediately upon expiration of the three-year period, the Binding Arbitration Pilot will automatically sunset and the award of arbitration will again be advisory unless the parties mutually agree through negotiations to continue binding arbitration. “Year” for the purposes of this Article means 365 calendar days. Binding Arbitration shall be available only with regard to disputes that are otherwise subject to grievance through Level III (Arbitration) pursuant to Article 17 (Grievances) and Article 25 (Discipline). Access to binding arbitration shall be further limited as follows:
a. Tenure-track and tenured faculty. For the purposes of the Binding Arbitration Pilot issues relating to permanent (i.e. tenure-track and tenured) faculty will be eligible for binding arbitration, except that nothing related to the Tenure Review process shall be subject to binding arbitration.
Binding Arbitration Pilot. The District and CSEA agree that for a two year period ending June 30, 2022, up to a maximum total of two (2) grievances per year, the decision of the arbitrator described in 12.4.3.3.1 shall be final and binding on both parties and the Level VI appeal described in 12.5 shall not apply. The Binding Arbitration pilot will automatically sunset on June 30, 2022, and the award of the arbitrator will again be advisory. During the next successor negotiations, the parties shall meet to assess the pilot. Apart from this pilot, the decision of the arbitrator described in 12.4.3.3.1 shall be advisory and 12.5 shall apply.
Binding Arbitration Pilot. The District and the Union Agree to a pilot of three years (3) of binding arbitration to replace advisory arbitration in Article 17, which shall begin the first business day after adoption of the successor Agreement by the Governing Board. Immediately upon expiration of the three-year period, the Binding Arbitration Pilot will automatically sunset and the award of arbitration will again be advisory unless the parties mutually agree through negotiations to continue binding arbitration. “Year” for the purposes of this Article means 365 calendar days. Binding Arbitration shall be available only with regard to disputes that are otherwise subject to grievance through Level III (Arbitration) pursuant to Article 17 (Grievances) and Article 25 (Discipline). Access to binding arbitration shall be further limited as follows: Tenure-track and tenured faculty. For the purposes of the Binding Arbitration Pilot issues relating to permanent (i.e., tenure-track and tenured) faculty will be eligible for binding arbitration, except that nothing related to the Tenure Review process shall be subject to binding arbitration. Temporary faculty. For the purposes of the Binding Arbitration Pilot. All contract disputes pertaining to Article 19.2 shall be subject to advisory arbitration only. All other matters pertaining to non-permanent employees under Article 19 will be eligible for binding arbitration for part-time faculty members, only if the temporary faculty member has received two (2) consecutive satisfactory evaluations or has been given an assignment for eight (8) semesters with no negative evaluations. The number of grievances eligible for binding arbitration shall be capped at three per year during this pilot period.
Binding Arbitration Pilot. The District and the Union agree to a pilot period of two (2three (3) years of binding arbitration to replace advisory arbitration provided in 12.5.3. After this twothree-year period (ending June 30, 20212025), the Binding Arbitration pilot will automatically sunset and the award of the arbitrator will again be advisory. The parties will meet no later than six months prior to the end of the pilot period to assess the pilot and determine if the pilot should be extended.
12.5.4.1 For the purposes of the Binding Arbitration Pilot, the following topics will be excluded and not eligible for binding arbitration: • Employee probation • Any matters pertaining to non-permanent employees, including discipline, pay, benefits and hours
12.5.4.2 The number of grievances eligible for binding arbitration shall be capped at two per year during this pilot period. Once the arbitrator has been selected, hearings shall commence and be held at the convenience of the arbitrator. However, hearings shall be confined to working days.