Common use of Level Four - Binding Arbitration Clause in Contracts

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. If a. If, after ten days, the grievant is not satisfied with the decision disposition of the grievance at 9 Level Three, the grievant may, through the Association, within ten (10) days from the 10 Level Three decision being rendered, submit a may request in writing to the Superintendent 11 for a that the grievance be submitted to 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 signedarbitration. The Association must concur in writing with this demand for arbitration. Except as otherwise expressly provided in this Agreement, the arbitration hearing will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (hereinafter referred to as the "AAA Rules".) b. Within ten school days after such written notice of submission to arbitration, the Superintendent and the District shall Association will attempt to agree upon an arbitratorimpartial and mutually acceptable arbitrator and obtain a commitment from such arbitrator to serve. 16 If no agreement can the parties are unable to agree upon an arbitrator or to obtain such commitment within the ten-day period, a request for a list of five arbitrators may be reachedmade to the Employment Relations Board by either party. Upon receipt of the list, the parties will agree flip a coin to request determine which party strikes first. Thereafter, the American Arbitration 17 Association or California State Mediation other party will strike one name and Conciliation Service to supply a list of 18 seven (7) names of arbitrators. Each party shall alternately strike a name the parties will alternate back and forth until only one 19 (1) one name remains. The remaining individual shall That person will be selected as the arbitrator. . c. The order arbitrator so selected will confer with the representatives of the 20 striking shall be determined by lot. The Association Superintendent and the District grievant, hold hearings promptly and shall then be bound 21 by issue a decision not later than 30 days from the rules and procedures date of the chosen arbitrator. If the question of arbitrability arises, 22 it shall be ruled upon by the arbitrator, prior to hearing the merits close of the case. In hearings under the 23 event that a case is appealed following conditions: i. The arbitrator shall have no authority except to an arbitrator on which he/she has no power to rulepass upon alleged violations of the express provisions of this Agreement, 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 briefsas set forth in subsection a, 1, above. ii. The arbitrator 2 shall consider only those issues construe this Agreement in a manner which have been properly carried through all prior stages 3 does not interfere with the exercise of the grievance procedureDistrict's rights and responsibilities, except to the extent that such rights and responsibilities may be expressly limited by the terms of this Agreement. iii. The arbitrator will be without shall have no power or authority to add to: (a) 4 make , subtract from or modify 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. . d. The arbitrator's decision shall be in writing and will shall set forth 8 findings of fact, reasoning and conclusions on the issues issue submitted. Copies of the decision shall be submitted to the parties of interest. e. The decision of the 9 arbitrator shall be final and binding upon both partiesthe parties provided the decision is within the jurisdiction of the arbitrator. The arbitrator's fees and expenses as well as the cost of the 10 arbitrator and the any hearing shall room will be borne equally by the District Board and the Association. All 11 other costs, including the expenses and compensations of any witness or participant in the arbitration shall be borne paid by the party incurring themcalling such witness, requesting such participants or contracting such services.

Level Four - Binding Arbitration. Section 1. If the grievant alleged grievance is not satisfied with the decision settled at 9 Level Three, the matter may be referred to arbitration before an impartial arbitrator. The grievant may, through and/or the Association, Association may refer the matter to arbitration provided that notice to refer the matter is given to the other party within five (5) days from the date of the Board's written decision at Level Three. Within ten (10) days from after the 10 Level Three decision being rendered, submit a request in writing to the Superintendent 11 for a binding arbitration date of the dispute. The written request shall include for arbitration, a copy committee of the 12 informal conference form Board or its designated representative 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 Association or its designated representative shall begin the day after the agreement to waive 15 was signed. The Association and the District shall attempt make every effort to agree upon an a mutually acceptable arbitrator. 16 If no agreement can be reachedthe parties are unable to agree on an arbitrator within five (5) additional days, the parties will agree to party seeking arbitration shall file a request with the American Arbitration 17 Association or California State Mediation and Conciliation Service to supply submit a list of 18 seven (7) names qualified arbitrators. The arbitrator shall then be selected according to the Rules of the American Arbitration Association which shall likewise govern the arbitration proceeding except each party shall have the right to peremptorily strike not more than three from the list of arbitrators. Section 2. The arbitrator shall hear the grievance in dispute and shall render a decision in writing within thirty (30) days from the close of the hearing. The arbitrator's decision shall be submitted in writing and shall set forth findings of facts, reasoning and conclusions with respect to the issues submitted to arbitration. Each party shall alternately strike meet together not less than three (3) days prior to the hearing to make a name until only one 19 (1) name remainsfinal attempt to resolve the dispute after which time no new evidence could be presented. The remaining individual decision of the arbitrator shall be the arbitratorbinding. Section 3. The order arbitrator shall only act upon alleged violations, misapplications or misinterpretations of the 20 striking shall be determined by lotexpressed provisions of this Agreement. The Association arbitrator shall construe this Agreement in a manner which does not interfere with the exercise of either party's rights and the District shall then be bound 21 responsibilities except as they have been limited by the rules and procedures terms of this Agreement.The Arbitrator shall not add to, subtract from, disregard, alter or modify any terms of this Agreement or establish salary scales. The Arbitrator shall have no power to change any policy of the chosen arbitrator. If the question of arbitrability arises, 22 it shall be ruled upon by the arbitrator, prior to hearing the merits Board nor substitute their judgment for that of the caseBoard as to the reasonableness of any such policy. Section 4. In the 23 event that a case is appealed to an the arbitrator on which he/she the Arbitrator has no not power to rule, it 24 shall be referred back to the parties without decision or recommendation on its merits. Section 5. 1 The parties shall More than one grievance may not be afforded considered by the opportunity to submit arbitrator at the same time except upon expressed written briefs. The arbitrator 2 shall consider mutual consent and then only those issues which have been properly carried through all prior stages 3 if they are 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 Districtsimilar nature. Section 6. 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 shall be shared by the 10 arbitrator Employer and the hearing Association equally. The expenses and compensation for attendance of any employee, witness or participant shall be borne equally by the District and the Association. All 11 other expenses shall be borne paid by the party incurring themsuch expense.

Level Four - Binding Arbitration. If 1. The Association may request in writing to advance an unresolved grievance to binding arbitration within ten (10) days after issuance of the grievant is not satisfied with Level Two written decision, or within ten (10) days after the time limits expire without issuance of the Superintendent’s written decision at 9 Level ThreeTwo. 2. In the event the Association and District have not mutually agreed to proceed to mediation, then the grievant mayAssociation may request in writing to advance the unresolved grievance to binding arbitration within ten (10) days after issuance of the Level Two written decision, through or within ten (10) days after the Association, time limits expire without issuance of the Superintendent’s written decision at Level Two. 3. In the event the Association and the District have not resolved the grievance in mediation within ten (10) days from the 10 first meeting held by the mediator, then the Association may terminate Level Three decision being rendered, submit a request in writing and the grievance may proceed to Level Four within the Superintendent 11 for a binding arbitration same ten (10) day period. 4. If an individual unit member is not satisfied with the disposition of the dispute. The written request shall include a copy grievance at Level Two or if the time limits expire without issuance of the 12 informal conference form and Superintendent’s written decision, the original aggrieved may request the Association to submit the grievance form to Arbitration. In such cases, the parties shall attempt to mutually agree on an arbitrator within ten (including 10) days receipt by the decision 13 rendered)District of the Association’s request for Arbitration. If mediation is waived by mutual written In the absence of such agreement, the timeline for 14 submitting parties shall request a list of arbitrators from 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 (7CSMCS). 5. No party in interest (aggrieved unit member(s), Association or District) names of arbitrators. Each party shall alternately strike a name until only one 19 (1) name remains. The remaining individual shall be permitted to assert any grounds or evidence before 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 arbitrator that a case is appealed to an arbitrator on which he/she has no power to rule, it 24 shall be referred back was not previously disclosed to the parties without decision or recommendation on its merits. 1 The parties shall be afforded the opportunity to submit written briefsother party. The arbitrator 2 shall consider only those issues which have been properly carried through all prior stages 3 steps as required by the provisions of this procedure. 6. The arbitrator shall not render any award which conflicts with or alters this Agreement. It is understood, however, that the arbitrator shall interpret the Agreement in accordance with the accepted rules of contract construction. 7. Each party shall bear the full cost for its representation in the arbitration. The cost of arbitration shall be divided equally between the District and the Association. 8. If any party requests a transcript of the grievance procedureproceedings, that party shall bear the full cost for that transcript. If the parties request one (1) transcript, the total cost of the transcript shall be divided equally between the employer and the aggrieved. 9. Absent mutual agreement (See Section A above) an arbitrator shall be selected by the following procedures: a. A representative of the Association and the District’s representative shall select the arbitrator from the CSMCS 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 receipt of the list from CSMCS by both parties. b. All grievances reaching the arbitration level shall be numbered. The odd-numbered grievances will give the District first elimination; even-numbered grievances will give the Association first elimination. 10. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to school days. 11. Witnesses will be assured that their testimony will be kept confidential unless they choose to make it public. 12. The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to: (a) 4 to make any decision which requires the commission of an act prohibited by law or which 5 is violative in violation of the terms of this Agreement; (b) add to. However, subtract from, alter, amend it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or 6 modify other remedies the terms of this Agreement; or (c) change any practice, policy, rule, regulation, 7 or procedure arbitrator judges to be proper. The award of the District. The arbitrator's decision shall be in writing and arbitrator 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 partieson the parties and a copy will be submitted to the Superintendent, the aggrieved and the Association. 13. The fees and expenses All costs for the service of the 10 arbitrator arbitrator, including but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing shall room will be borne equally by the District and the Association. All 11 other expenses shall costs will be borne by the party incurring them.