Level Four - Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within fifteen (15) days after the Board hearing, the grievant may request in writing within fifteen (15) days that the Association submit the grievance to arbitration. If the Association rejects the request, the decision rendered by the Board, unless otherwise modified by mutual agreement, shall be the final determination. However, if the Association approves the request, the grievance shall be submitted to final and binding arbitration. The Association will notify the grievant, the Superintendent, and the Board of Education through the Superintendent's office of a request for arbitration within thirty (30) days after the Board's decision has been received by the grievant. A grievance may be submitted to binding arbitration under the following conditions:
a. All steps provided for the grievance procedure must first be exhausted by both parties, unless waived by mutual agreement or otherwise stated in specific portions of this Agreement.
b. The issue must be based upon a claim that the grievant has been treated unfairly or inequitably due to the application, interpretation, denial or alleged violation of a specific provision(s) of the Agreement.
c. When a timely request has been made for arbitration, the parties or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, either party may, within ten (10) school days of the appeal, request the Public Employees Relations Board to submit a list of five (5) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot, the order of elimination and thereafter each shall, that order, alternatively strike a name from the list and a fifth and remaining name shall act as the arbitrator. The parties shall then be bound by the American Arbitration Association rules.
d. The arbitrator so elected, shall confer with representatives of the Board and the Association to establish a mutually agreed hearing date and shall issue the decision not later than thirty (30) days from the date of the close of the hearings. The arbitrator's decision shall be in writing and shall set forth his findings of facts, reasoning and conclusions on the issue submitted. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his discret...
Level Four - Binding Arbitration. If the grievant is not satisfied with the decision at 9 Level Three, the grievant may, through the Association, within ten (10) days from the 10 Level Three decision being rendered, submit a request in writing to the Superintendent 11 for a binding arbitration of the dispute. The written request shall include a copy of the 12 informal conference form and the original grievance form (including the decision 13 rendered). If mediation is waived by mutual written agreement, the timeline for 14 submitting the request for arbitration shall begin the day after the agreement to waive 15 was signed. The Association and the District shall attempt to agree upon an arbitrator. 16 If no agreement can be reached, the parties will agree to request the American Arbitration 17 Association or California State Mediation and Conciliation Service to supply a list of 18 seven (7) names of arbitrators. Each party shall alternately strike a name until only one
19 (1) name remains. The remaining individual shall be the arbitrator. The order of the 20 striking shall be determined by lot. The Association and the District shall then be bound 21 by the rules and procedures of the chosen arbitrator. If the question of arbitrability arises, 22 it shall be ruled upon by the arbitrator, prior to hearing the merits of the case. In the 23 event that a case is appealed to an arbitrator on which he/she has no power to rule, it 24 shall be referred back to the parties without decision or recommendation on its merits. 1 The parties shall be afforded the opportunity to submit written briefs. The arbitrator 2 shall consider only those issues which have been properly carried through all prior stages 3 of the grievance procedure. The arbitrator will be without power or authority to: (a) 4 make any decision which requires the commission of an act prohibited by law or which 5 is violative of the terms of this Agreement; (b) add to, subtract from, alter, amend or 6 modify the terms of this Agreement; or (c) change any practice, policy, rule, regulation, 7 or procedure of the District. The arbitrator's decision shall be in writing and will set forth 8 findings of fact, reasoning and conclusions on the issues submitted. The decision of the 9 arbitrator shall be final and binding upon both parties. The fees and expenses of the 10 arbitrator and the hearing shall be borne equally by the District and the Association. All 11 other expenses shall be borne by the party incurring them.
Level Four - Binding Arbitration a. If the grievant is not satisfied with the disposition in Step II (or termination of the mediation process under Step III if mediation is used), the grievance may be submitted to arbitration within five (5) days.
Level Four - Binding Arbitration a. If the grievant is not satisfied with the response received from the Superintendent in Level Three, he/she may, within five (5) days of the receipt of such written response, request the London Education Association to support arbitration of said grievance.
b. If the London Education Association elects to support arbitration of said grievance, the Association President or his/her designee shall so inform the Superintendent, in writing, within ten (10) days of the grievant's receipt of the written disposition of said grievance made by the Superintendent at Level Three of the Grievance Procedure.
c. No member of the bargaining unit shall have the authority or the power to initiate or prosecute the arbitration of a grievance without the expressed approval and representative participation of the London Education Association.
d. The arbitrator shall be mutually selected by the Superintendent and the Association from names submitted by the American Arbitration Association (AAA) according to the Voluntary Rules and Regulations of the American Arbitration Association. If the Association and Superintendent are unable to arrive at a mutually acceptable Arbitrator, the selection shall be made in accordance with the rules and regulations of the American Arbitration Association.
e. The parties to the grievance and to this Agreement shall submit themselves to the authority of the arbitrator to hold such hearings as he/she deems necessary for finding of fact and rendering a decision to the grievance as stated on the initial grievance form in accordance with the rules, regulations, and procedures of the American Arbitration Association. Said hearing shall be scheduled so as not to disrupt the normal operations of the school, when possible.
f. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Contract, nor add to, detract from or modify the language there in arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself only to the precise issue(s) so submitted to him/her.
g. The decision of the arbitrator shall be final and binding for all parties.
h. The loser, to be specifically designated by the arbitrator, shall pay the fees and expenses of the arbitrator and any expenses incidental to the arbitration proceeding. Each party, however, shall be responsible for the fee...
Level Four - Binding Arbitration. If the grievant is not satisfied with the decision at 11 Level Three, the grievant may, through the Association, within ten (10) days from the 12 Level Three decision being rendered, submit a request in writing to the Superintendent 13 for a binding arbitration of the dispute. The written request shall include a copy of the 14 informal conference form and the original grievance form (including the decision 15 rendered). If mediation is waived by mutual written agreement, the timeline for 16 submitting the request for arbitration shall begin the day after the agreement to waive 17 was signed. The Association and the District shall attempt to agree upon an arbitrator. 18 If no agreement can be reached, they shall request the American Arbitration 19 Association to supply a list of seven (7) names of arbitrators. Each party shall 20 alternately strike a name until only one (1) name remains. The remaining individual 21 shall be the arbitrator. The order of the striking shall be determined by lot. The
Level Four - Binding Arbitration. The Association may request arbitration of the dispute. The request shall be in writing and be addressed to the Superintendent.
Level Four - Binding Arbitration. In the event that the aggrieved member of the unit is not satisfied with the disposition of the grievance at Level Three, or in the event no decision has been rendered within five (5) school days after the teacher has met with the Board of Education, the Federation may request that such dispute be referred to the American Arbitration Association for arbitration in accordance with its administrative procedures, practices, and rules. Only the Federation shall have the right to submit a grievance to arbitration.
Level Four - Binding Arbitration a) If the grievant or the Association is not satisfied with the disposition of the grievance by the Superintendent, or if no disposition has been made within the time limits, the grievant and the Association shall meet within ten (10) school days of disposition of the grievance to discuss the merits of submitting the grievance to binding arbitration.
b) If the Employee and Association determine that the grievance is meritorious it may submit the grievance to binding arbitration within five (5) school days.
c) Within ten (10) school days after written notice to the Employer of submission to binding arbitration, the Employer and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon the arbitrator or to obtain such a commitment within the specified period, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (Per Board) by either party. The list shall consist of five arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days, the other party shall have one (1) additional school day to remove one of the remaining names. The person whose name remains shall be the arbitrator.
d) The arbitrator so selected shall confer with the representatives of the Employer and the Association on contract matters only, and hold hearings promptly and shall issue the decision not later than fifteen (15) school days from the date of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted. The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning and conclusions of an act prohibited by law or which is in violation of the terms or above the confines of this agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding unless the arbitrator has exceeded his/her authority according to law.
e) The cost for the service of the arbitrator, including per diem expense, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Employer and the Association. Any other expenses incurred shall be paid by the party incurring same.
Level Four - Binding Arbitration a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered thereon within thirty (30) calendar days after the grievance was delivered to the Board of Education, and in the event the subject of the grievance pertains to an alleged violation of this Agreement as to terms and conditions of employment, the Association may submit the grievance to an impartial arbitrator pursuant to the Rules of the Public Employment Relations Commission within twenty (20) calendar days following receipt of the Board’s decision or expiration of the decision rendering period.
b. The decision of the arbitrator shall be in writing and shall set forth his or her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by or violative of any law, or which is violative of the terms of this Agreement. The arbitrator shall have no power or authority to add to nor to subtract from or to modify any of the terms of the Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding on all parties.
c. The cost for the services of an arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.
Level Four - Binding Arbitration a. If the decision of the Personnel Committee of the Board is not satisfactory to the Association, the grievance may be submitted to arbitration within thirty (30) days of the receipt of the written answer at Level Three.
b. The parties will attempt to select an arbitrator by mutual agreement. If they cannot agree on an arbitrator within ten (10) days after notice is given, the Association shall submit the grievance to the American Arbitration Association, and the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceedings any charge or rely on any evidence not previously disclosed to the other party, unless such charge or evidence is newly discovered. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
c. The fees and expenses of the arbitrator under this Article shall be jointly shared by the Board and the Association. Any other expenses such as costs involved in presenting witnesses, etc., shall be borne by the party incurring such expenses.
d. If the scheduled arbitration case is postponed on less than one (1) week’s notice to the other party, the party requesting the postponement will pay any and all arbitrator charges caused by the postponement.
e. The Association will make every effort to give the employer at least five (5) working days advanced notice of employees it needs to be excused from work to attend the arbitration hearing so substitutes can be obtained unless there are extenuating circumstances.
