Level Five - Arbitration a. If the Association is not satisfied with the disposition of the grievance at Level Four, the Association may, within five (5) days of the conclusion of FMCS mediation, submit the grievance to binding grievance arbitration. A copy of that submission shall be provided to the Superintendent.
b. A request for a list of nine (9) arbitrators (with a maximum of two additional lists) shall be made to the American Arbitration Association by the Association. Selection from the first two lists shall be made in accordance with AAA rules. Selection from the third list, if necessary, shall be made by alternate strike. The arbitration shall be conducted in accordance with the Voluntary Labor Arbitration Rules of American Arbitration Association (hereinafter referred to as the "AAA rules").
c. The arbitrator so selected will confer with the representatives of the Superintendent and the Association and hold hearings promptly and shall issue his/her award not later than thirty (30) days from the conclusion of the hearings. The arbitrator's written award shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power to make any award contrary to law or to alter, rescind, or modify any provision of the bargaining contract. The award of the arbitrator shall be submitted to the Superintendent, the Association and the Board of Education.
d. The costs for the services of the arbitrator, including per diem expenses, if any, and his actual and necessary travel and subsistence expenses and the cost of any hearing room, will be borne by the losing party. The arbitrator must identify the predominantly prevailing party for purposes of this provision, even if the award is split. Under no circumstances is the arbitrator empowered to split his/her costs absent an agreement to that effect by both parties. All other costs will be borne by the party incurring them.
Level Five - Arbitration. If the grievant is not satisfied with the decision of the Board, the Association may submit the grievance to arbitration as follows:
Level Five - Arbitration. If the decision of the Board is not satisfactory to the Association, the grievance may be submitted to arbitration. If submitted, it must be done within twenty (20) school days of the date of the Board level response. The arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such Arbitration proceedings, any grounds or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act.
Level Five - Arbitration. If the Association is dissatisfied with the decision of the Board of Education, and if the grievance pertains to a matter of the expressed formal Agreement herein between the Board and the Association, the Association may request the appointment of an arbitrator. Such request shall be made known to the Superintendent in writing within thirty (30) calendar days of receipt of decision of the Board of Education. In order for a grievance to proceed beyond Level Four, such action must be initiated by the Association.
Level Five - Arbitration. Within five (5) working days from receipt of the Board’s written response, the grievant shall make written notification to the Board and the Association that the grievance will be submitted to arbitration. Within five (5) days, the arbitrator shall be selected by the Association and the Superintendent. If the Association and the Superintendent cannot agree on an arbitrator, the arbitrator shall be selected from the American Arbitration Association according to its voluntary rules and regulations. The arbitrator shall hold such meetings as he/she determines necessary to make a fair and impartial decision on the grievance as stated. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Master Contract, public law, and statutes and shall be prohibited from making any decision contrary to law. The decision of the arbitrator shall be made in writing to the aggrieved and the Board, and shall be binding on all parties. Cost of the arbitrator shall be shared equally by the aggrieved and the Board. LAKE LOCAL SCHOOLS FAIR PRACTICE PROCEDURE Grievance No. Name of Grievant Assignment Date Building
A. Date of Grievance B. Statement of Grievance
Level Five - Arbitration. If the parties are unable to agree on an arbitrator, he/she shall be selected by the alternate strike method from a list of seven (7) names submitted by the Federal Mediation and Conciliation Service. The decision of the arbitrator shall be final and binding on all parties. Cost for services of the arbitrator will be borne equally by the Board of Education and the local union involved in the grievance. If the arbitration involves a disciplinary action under provisions of the agreement, the loser will assume the cost of the arbitrator.
Level Five - Arbitration. If the grievant is not satisfied with the Board’s decision, he/she shall have seven (7) calendar days to file a written appeal with the Board of Education requesting that the matter be submitted to arbitration. Failure to file an appeal within said seven (7) day period constitutes a waiver of the right to appeal. If an appeal is timely filed, the parties shall jointly request a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) and the arbitrator shall be selected in accordance with the rules and regulations of the FMCS. The grievance hearing before the arbitrator shall be held in private and shall be scheduled during hours which do not interfere with the grievant’s contractual duties. The arbitrator shall render his decision in writing within thirty (30) days of the hearing and that decision shall be binding. The report of the arbitrator shall be served upon the Association and the Board. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any terms of this Agreement nor shall the arbitrator have any authority to restrict or diminish any of the legal authority granted to the Board of Education by law except to the extent that legal authority has been restricted by a specific provision of this contract. The arbitrator shall have no authority to rule on the accuracy of the content of any evaluation and he shall simply have the authority to determine whether or not the evaluation procedure was followed. In addition, the arbitrator shall have no authority to hear grievances concerning the transfer and assignment of employees. The expenses and fees of the arbitrator shall be paid by the losing party.
Level Five - Arbitration. If the grievance is not satisfactorily resolved at Level Four, within twenty (20) working days of receipt of the decision, CSEA may file for arbitration with the Superintendent. The District and CSEA shall attempt to agree upon an arbitrator. If the parties are unable to agree upon an arbitrator within ten (10) working days, the California State Conciliation Service will be requested to supply a list of five (5) persons who could serve. From this list, the parties would proceed by striking one name from the list; each party to the grievance would then so continue alternately until one (1) name remains who would then serve as the arbitrator. The order of striking shall be determined by a toss of a coin. If the parties cannot reach agreement on the issue(s), the matter shall be submitted to the arbitrator who shall determine the issue(s). However, neither party may introduce an issue not previously mentioned in earlier Levels of the grievance procedure. The arbitrator, as soon as possible after hearing the evidence, shall prepare a written report for submission to both parties stating the issues submitted, the facts determined, and the findings and recommendations derived therefore. The report of the arbitrator shall be limited to the specific issue or issues contained in submission agreement or as framed by the arbitrator in the absence of an agreement.
Level Five - Arbitration. If the grievant is not satisfied with the disposition at Level Three or if the issue is not resolved at Level Four, then they may initiate this Level Five procedure. The Association and the aggrieved may refer the grievance to an arbitrator by giving notice to the Superintendent and/or the Board of its desire to do so. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on all parties. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall in no way interfere with management prerogative involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The costs for arbitration shall be shared equally by the Board and the Association.
Level Five - Arbitration. If, after receiving the answer at Level Three or Level Four, if implemented the employee remains aggrieved, the Association shall notify the Board in writing of its intent to submit the grievance to arbitration within fifteen (15) days. The Association shall submit its demand for arbitration to the American Arbitration Association within thirty (30) days after Board notification to provide the parties with a list of nine (9) arbitrators from which an arbitrator can be selected. Each party shall strike those names unacceptable to them and return the list to AAA. Any arbitrator appearing on the list of acceptable arbitrators from both parties shall be designated as the assigned arbitrator. The arbitrator shall have the authority to hold hearings and confer with any party deemed advisable in seeking to effect the resolution of the grievance. In these proceedings, the aggrieved shall be represented by the Association. Each party shall have the right to subpoena a witness(es). The decision of the arbitrator shall be binding on both parties. The fees and expenses of the arbitrator shall be paid by the losing party.
