Common use of Formal Level Three Clause in Contracts

Formal Level Three. If the grievance is not resolved after formal level two, CSEA must, within ten (10) days of the response to formal level two, inform the Associate Superintendent of Human Resources/Labor Relations or designee that it wants to take part in binding arbitration. If the grievant is not CSEA, he/she must request that CSEA take part in binding arbitration sufficiently in advance of the ten (10) day time limit above to allow CSEA to determine whether or not to move the grievance forward to binding arbitration. The binding arbitrator shall issue a written response as soon as reasonably practicable. 15.9.3.1 Within sixty (60) days after CSEA submits the grievance for binding arbitration it will complete its internal processes for authorizing binding arbitration of the grievance and payment of its share of the costs of the arbitration as specified in this article. CSEA shall notify the District of the results of its internal processing of the grievance upon completion of the process. 15.9.3.2 Provided that CSEA determines to proceed to binding arbitration after completion of its internal processes, the parties shall select a mutually acceptable Arbitrator. 15.9.3.3 If unable to agree on an arbitrator within ten (10) days of CSEA’s proceeding to Formal Level Four, the grievance shall be submitted to the State Mediation Conciliation Services. The parties will then be bound by their rules and procedures. 15.9.3.4 All costs for arbitration services including, but not limited to, per diem, travel and meals, and the cost of any hearing room will be borne equally by the District and CSEA. All other costs will be borne by the party incurring them (for example: expert witness or transcripts). If there is a cancellation fee, the party canceling shall bear the entire cost of the cancellation fee. 15.9.3.5 Prior to the arbitration hearing, CSEA and the District shall provide to each other, to the extent they exist, documents, including but not limited to the following: stipulations, joint exhibits, witness lists and any issues that are relevant to the grievance process which must be answered, or resolved. 15.9.3.6 The Arbitrator shall render a decision on the intent, meaning and interpretation of this Agreement and shall have no power to add to, subtract from, or modify this Agreement. 15.9.3.7 Either party may call witnesses and present evidence relevant to the arbitration issues. Bargaining unit members called as witnesses will be released from duty to testify at the arbitration. 15.9.3.8 The Arbitrator’s decision will be in writing and will determine fact, reasons and conclusions solely on the specific grievance issue. 15.9.3.9 The decision of the Arbitrator shall be submitted to the Superintendent, Associate Superintendent of Human Resources/Labor Relations, CSEA President or designee and CSEA Labor Relations Representative. It shall be kept confidential unless or until submitted to the Board of Trustees and the grievant(s). 15.9.3.10 The decision of the Arbitrator shall be final and binding on all parties.