IMPARTIAL HEARING LEVEL III. 3.8.1 If the decision at Level II is not satisfactory to the aggrieved faculty member(s) within fifteen (15) days after receiving the Level II decision, the grievant may request, in writing, that the Faculty Association submit the grievance to binding arbitration. The Faculty Association may, by written notice to the Chancellor within fifteen (15) days after receipt of the request from the aggrieved, submit the grievance to binding arbitration. If the two parties cannot agree on a specific arbiter, they shall request an odd-numbered list of experience individuals from the California State Conciliation Service. The arbiter shall be selected within ten (10) days after receiving the list by the "alternate strike method" (or by another method mutually agreeable to the parties) until only one name remains. The arbiter shall be asked to formally support or deny the grievance. 3.8.2 If the grievance is supported, the District shall pay for the full cost of the arbiter's fee, its own cost of representation and all other mutually agreed upon hearing expenses. In the event that other costs are not mutually agreed upon, they shall be paid half by the Faculty Association and half by the District. If the decision is split, the arbiter shall determine the distribution of the costs between the parties, excepting the cost of representation. 3.8.3 A notice of the request for binding arbitration shall be sent to the Chancellor and shall include a copy of the original grievance, Level II appeal, decisions rendered and all other relevant information. 3.8.4 The arbiter will decide the time and place for a hearing in consultation with the parties. The hearing will be private and, unless otherwise agreed, will be conducted in accordance with the Rules of the California State Conciliation Services. 3.8.5 Attendance at the hearing shall be limited to persons whose presence has relevance to the hearing and only for the period of time that such presence is required, and to the following: 3.8.5.1 The grievant and the grievant's representative(s); 3.8.5.2 The district representative and the district representative's advisor; 3.8.5.3 The arbiter; 3.8.5.4 The witnesses, but only while giving testimony; 3.8.5.5 An observer designated by the Faculty Association; 3.8.5.6 The Vice Chancellor of Human Resources or an observer designated by the Director; 3.8.5.7 A court reporter. 3.8.6 The arbiter shall not consider any matter outside the scope of the grievance as defined in this contract, shall strictly confine the decision to the precise issue submitted and this specific contract, and shall not under any circumstances make a recommendation on any other issue. However, the issue as to whether a matter is outside the scope of the grievance is to be determined by the arbiter. 3.8.7 After the close of the binding arbitration hearing, the arbiter shall establish a schedule for submission of written briefs. 3.8.8 The arbiter shall submit the decision in writing to all the parities within thirty (30) days after submission of the last brief.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
