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.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
