Level 4 Binding Arbitration Clause Samples
Level 4 Binding Arbitration. If the grievant is not satisfied with the decision or if the Board of Trustees (through the Superintendent) has not responded within the fifteen (15) day time limit, the grievant may, within fifteen (15) days, submit a request on the appropriate form to the Association for binding arbitration of the dispute. The Association will notify the District of its intent to arbitrate (or not arbitrate). Grievances shall be jointly submitted for binding arbitration and conducted according to the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.). Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service.
12.3.4.1 The Association and District shall attempt to agree upon an arbitrator. If no agreement can be reached within ten (10) days from the Association's notification of submission to Arbitration, a joint request shall be made within five (5) days to the State Mediation and Conciliation Service requesting a list of five (5) arbitrators
12.3.4.2 Within five (5) days of the receipt of the list of arbitrators the Association and District shall meet and will alternately strike names until one remains. The remaining name shall be the selected arbitrator. The order of striking shall be determined by lot.
12.3.4.3 The fees and expenses of the arbitrator and/or those ordered by the arbitrator shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them.
12.3.4.4 The grievant and the Association's representative shall be given release time to present the grievance in the arbitration hearing(s). Member of the Bargaining Unit witnesses shall be provided release time to testify. Repetitive testimony shall be limited to two (2) unit members.
12.3.4.5 Board members may attend arbitration hearings as observers, with notification to the Association prior to the day of the hearing. All arbitration hearings shall be held within the District or at a place selected by mutual agreement.
12.3.4.6 The arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue(s) submitted for arbitration. The arbitration shall not determine any other issue(s). The arbitrator shall have no power or authority to recommend or resolve any of the following:
12.3.4.6.1 The dismissal of a tenured employee.
12.3.4.6.2 The termination of service or failure to reemploy a probationary employee.
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Level 4 Binding Arbitration. 7.2.3.4.1 If the grievant is not satisfied with the decision rendered at ▇▇▇▇▇ ▇, or if no written decision has been rendered within ten (10) days of the meeting with the Superintendent or his/her designee, the Association may submit a request in writing to the Superintendent for binding arbitration of the dispute within ten (10) days.
7.2.3.4.2 An impartial arbitrator shall be selected jointly by the Association and the Superintendent within ten (10) days of receipt of the written request.
7.2.3.4.2.1 In the event the parties cannot agree, an arbitrator list will be requested from the California Mediation and Conciliation Service or the American Arbitration Association.
7.2.3.4.2.2 They shall be requested to supply a panel of five (5) names. Alternate names shall be stricken until only one (1) remains. The order of striking will be determined by lot.
7.2.3.4.2.3 The fees and expenses of the arbitrator shall be shared equally between the Superintendent and the grievant. Additional expenses shall be borne by the party incurring such expense.
7.2.3.4.3 The arbitrator shall have no authority to add to, subtract from, disregard, alter or modify any provisions of this Agreement, state or federal law or written Board policies, nor make any fiscal award not provided for by the terms of this Agreement, but shall limit his/her decision to the application and interpretations of its provisions.
7.2.3.4.4 After reviewing the evidence, the arbitrator shall submit to the Superintendent and to the grievant his/her findings in writing which shall be binding on both parties.
Level 4 Binding Arbitration. 9.2.4.1 If the Association proceeds to arbitration, it shall notify the District in writing. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Arbitration Rules of the American Arbitration Association. The Association and the District shall each pay one- half (1/2) of any charges required by the American Arbitration Association for services rendered.
9.2.4.2 The arbitrator's decision shall be in writing and set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law and which is violative of the terms of this Agreement. 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. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be final and binding on all the parties. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance.
9.2.4.3 All costs for the service of the arbitrator, including but not limited to per diem expenses, travel and subsistence expenses and the costs of the hearing room will be borne equally by the District and the Association. All other costs, except for released time for the grievant(s), Association representative(s) and witnesses, will be borne by the party incurring them.
Level 4 Binding Arbitration. In the event the Company’s or employee’s Covered Claims are not resolved at Levels 1 through 3, Level 4 provides for an independent third party to resolve Covered Claims on an expedited basis. The third party’s decision is final and binding on both the Company and employee. The DRP offers several benefits to employees and the Company: o Simple – The DRP process begins at the local level, where most workplace disputes can be resolved. o Quick resolution – The dispute can be resolved in days or months rather than years. o Independent third party – A neutral third party may work with the parties to resolve Covered Claims. If mediation is unsuccessful or if one of the parties elects to skip the mediation step, a neutral third-party arbitrator will make a decision that is final and binding on both the employee and Company. o Full remedies available – The arbitrator can award the same remedies as a court. o Economical – The DRP may avoid and will likely reduce expensive legal fees and court costs for everyone. o Little or no cost to employees – Hallmark pays the arbitrator’s fee. o Confidential – All proceedings are confidential.
Level 4 Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at ▇▇▇▇▇ ▇, the grievant, within 20 days after the Superintendent’s decision, may request in writing that CSEA submit the grievance to arbitration. CSEA, by written notice to the Superintendent within 20 days after receipt of the request from the grievant, may submit the grievance to arbitration. At all times during a Level 4 grievance, the grievant shall be represented by CSEA.
3.8.1 CSEA and the District shall immediately attempt to select a mutually acceptable arbitrator. If they are unable to agree upon an arbitrator within fifteen (15) calendar days of the request for arbitration, the parties shall request a list of seven
Level 4 Binding Arbitration. (a) If the grievant is not satisfied with the decision of the Governing Board, he/she may within five (5) days submit a request in writing to the Superintendent for binding arbitration of the dispute.
(b) The grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, either party shall request the California Conciliation Services to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be by lot.
(c) The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them.
(d) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
(e) The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. California Conciliation Services rules shall govern.
(f) Issues arising out of the exercise by the Board and administration of its responsibilities under Article VII, Definitions, paragraph 1, of this Article, including the facts underlying its exercise of such discretion, shall not be subject to the procedure.
(g) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit his/her findings and recommendations to all parties.
(h) The arbitrator's decision shall be final and binding on the parties.
Level 4 Binding Arbitration. If the grievant is not satisfied with the decision or if the Board of Trustees (through the Superintendent) has not responded within the fifteen (15) day time limit, the grievant may, within fifteen (15) days, submit a request on the appropriate form to the Association for binding arbitration of the dispute. The Association will notify the District of its intent to arbitrate (or not arbitrate). Grievances shall be jointly submitted for binding arbitration and conducted according to the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.). Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service.
12.3.4.1 The Association and District shall attempt to agree upon an arbitrator. If no agreement can be reached within ten (10) days from the Association's notification of submission to Arbitration, a joint request shall be made within five (5) days to the State Mediation and Conciliation Service requesting a list of five (5) arbitrators.