Common use of Level 4 – Arbitration Clause in Contracts

Level 4 – Arbitration. a) If the grievance is either not resolved in mediation or the District and/or Association elects to waive the mediation level, the Association, within ten (10) days of receipt of the notice to waive mediation or the final mediation session, may submit the grievance to final and binding arbitration. In such cases, the parties shall first attempt to select a mutually agreeable arbitrator. If they are unable to agree on an arbitrator, the Association shall request a list of arbitrators from the California State Mediation and Conciliation Service. b) Representatives of the Association and the District's representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of the receipt of the list by both parties. c) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days, unless mutually agreed otherwise. d) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. The arbitrator's award shall be final and binding on both parties. e) If any question arises as to the arbitrability of the grievance, such questions will be ruled upon by the arbitrator at the time the grievance is heard. 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 accepted arbitral standards of contractual interpretation. f) If any party requests a transcript of the proceedings, that party shall bear the full cost for that transcript. If both parties request one transcript, the cost of the transcript shall be divided equally between the District and the Association. g) The arbitrator's decision will be in writing and will set forth the arbitrator's findings of fact, reasoning and conclusions 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 violates the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association. h) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator's travel and subsistence expenses, 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. i) Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level 4 – Arbitration. a) 8.7.4.1 The Association shall retain full and complete authority to determine whether or not a grievance shall be forwarded for arbitration. 8.7.4.2 If any question arises as to the grievance is either not resolved in mediation or the District and/or Association elects to waive the mediation level, the Association, within ten (10) days of receipt arbitrability of the notice grievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to waive mediation or hear the final mediation session, may submit merits of the grievance to final and binding arbitration. In such cases, the grievance. 8.7.4.3 The parties shall first attempt to select a mutually agreeable acceptable arbitrator. If they the parties are unable to mutually agree on an arbitrator, the Association they shall submit a request a list of arbitrators from to the California State Mediation and Conciliation Service. bService to supply a list of (5) Representatives of the Association and the District's representative arbitrators. Each party shall select the arbitrator from the list by eliminating names alternately strike a name until only one name remains. The first option of elimination shall alternate. The one remaining name panel member shall be the arbitrator. The process of striking names shall occur within ten (10) days of the receipt of the list by both parties. c) 8.7.4.4 Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days, unless mutually agreed otherwise. d) The arbitrator shall conduct hear evidence and render a decision on the hearing in accordance with issue or issues submitted to him/her. If the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. The arbitrator's award shall be final and binding on both parties. e) If any question arises as to the arbitrability of the grievanceparties cannot agree upon a submission agreement, such questions will be ruled upon by the arbitrator at the time the grievance is heard. 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 accepted arbitral standards of contractual interpretationdetermine the issues by referring to the written grievance and the answers thereto at each step. f) If any party requests a transcript of the proceedings, that party shall bear the full cost for that transcript. If both parties request one transcript, the cost of the transcript shall be divided equally between the District and the Association. g) 8.7.4.5 The arbitrator's decision will be in writing and will set forth the arbitrator's his/her findings of fact, reasoning and conclusions of conclusion on the issues submitted. The arbitrator will be without power or authority to make any decision decisions which requires require the commission of an act prohibited by law or which violates the terms of this Agreement. A copy However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. 8.7.4.6 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit, within thirty (30) calendar days to all parties, the written findings of fact, reasoning and conclusion on the issues submitted. The decision of the award arbitrator will be submitted to final and binding upon the Superintendent, the aggrieved, and the Associationparties of this Agreement. h) All costs for 8.7.4.7 The parties shall share equally the services cost of the arbitrator, including, but not limited to, per diem expenses, the arbitrator's travel and subsistence expenses, and the hearing room, if any. If both parties desire a transcript or if the arbitrator requires a transcript, the cost of any hearing room will the transcript and court reporter shall be borne shared equally by between the District parties. Where only one party desires a transcript, that party shall hire the court reporter and pay costs of the reporter and the Association. All other costs will be borne by the party incurring themtranscript. i) Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.

Level 4 – Arbitration. a) 11.3.2.4.1. If the grievance is either not resolved in mediation or the District and/or Association elects to waive the mediation level, the Association, within ten (10) days of receipt of the notice to waive mediation or the final mediation session, may submit the grievance to final and binding arbitration. In such cases, the parties shall first attempt to select a mutually agreeable arbitrator. If they are unable to agree on an arbitrator, the Association shall request a list of arbitrators from the California State Mediation and Conciliation Service. b) Representatives 11.3.2.4.2. A representative of the Association and the District's representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of the receipt of the list by both parties. c) 11.3.2.4.3. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days, unless mutually agreed otherwise. d) 11.3.2.4.4. The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. The arbitrator's award shall be final and binding on both parties. e) 11.3.2.4.5. If any question arises as to the arbitrability of the grievance, such questions will be ruled upon by the arbitrator at the time the grievance is heard. 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 accepted arbitral standards of contractual interpretation. f) 11.3.2.4.6. If any party requests a transcript of the proceedings, that party shall bear the full cost for that transcript. If both parties request one transcript, the cost of the transcript shall be divided equally between the District and the Association. g) 11.3.2.4.7. The arbitrator's decision will be in writing and will set forth the arbitrator's findings of fact, reasoning and conclusions 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 violates the terms of this Agreement. A copy of the award will be submitted to the Superintendentsuperintendent, the aggrieved, and the Association. h) 11.3.2.4.8. All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator's travel and subsistence expenses, and the cost of any hearing room will be borne equally by the District and the Associationby 11.3.2.4.9. All other costs will be borne by the party incurring them. i) Upon mutual agreement of the District and the Association, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators.