Level III – Binding Arbitration Sample Clauses

Level III – Binding Arbitration. 10.4.4.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no written decision has been rendered within ten (10) days after the final meeting with the superintendent or designee, he/she shall, within ten (10) days after a decision by the superintendent or designee, request in writing that the Association submit the grievance to arbitration. The appeal shall include the same information and documents as the Level II appeal. The Association, by written notice to the superintendent within fifteen (15) days after receipt of a timely request from the aggrieved person, may submit the grievance to binding arbitration. 10.4.4.2 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of the Association's submission of the grievance to arbitration, a list of seven (7) persons shall be requested from the State Mediation and Conciliation Service. Each side shall then alternately strike names until only one (1) person remains on the list who shall serve as the impartial neutral arbitrator. Also each side shall have the right to reject one (1) full list from the State Mediation and Conciliation Service. 10.4.4.3 The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is inconsistent with the terms of this Agreement. Also the arbitrator shall be without authority to modify or change the terms of this Agreement. The decision of the arbitrator will be submitted to the superintendent and the Association and will be final and binding upon the parties of this Agreement. 10.4.4.4 All costs for the services of the arbitrator, including but not limited to per diem expenses, travel, a transcript, and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them.

Level III – Binding Arbitration. Within 15 days after either Party requests Binding Arbitration pursuant to 15.2.2.2.2, the Parties shall meet to select an arbitrator. The Parties shall meet and select the arbitrator, by mutually agreed to means, and the arbitrator shall schedule a hearing and render a final and binding decision. The Parties may choose the arbitrator from any of the following options: 15.2.2.3.1 The Parties may each choose five (5) arbitrators from the list of arbitrators provided by the American Arbitration Association. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker shall be determined by a coin flip. 15.2.2.3.2 The Parties may each choose five (5) private arbitrators and/or arbitration services. The Parties shall alternate striking names from each of the five (5)

Level III – Binding Arbitration. If the grievant is not satisfied with the decision at Level II, within ten (10) days after receiving the decision, the unit member may request in writing that the Association submit the grievance to arbitration. The Association, by written notice to the Superintendent within fifteen (15) working days after receipt of the request from the grievant, may submit the grievance to binding arbitration. If any questions arise as to the arbitrability of the grievance, such questions shall be ruled upon by the Arbitrator after a hearing on the arbitrability question(s). If the grievance is ruled to be arbitrable, the hearing on the merits of the grievance shall follow immediately.

Level III – Binding Arbitration. Within 15 days after either Party requests Binding Arbitration pursuant to 15.2.2.2.2, the Parties shall meet to select an arbitrator. The Parties shall meet and select the arbitrator, by mutually agreed to means, and the arbitrator shall schedule a hearing and render a final and binding decision. The Parties may choose the arbitrator from any of the following options: 15.2.2.3.1 The Parties may each choose five (5) arbitrators from the list of arbitrators provided by the American Arbitration Association. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker shall be determined by a coin flip. 15.2.2.3.2 The Parties may each choose five (5) private arbitrators and/or arbitration services. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker will be determined by a coin flip. 15.2.2.3.3 The Parties may file for arbitration with State Mediation and Conciliation Services (SMCS). If the Parties cannot mutually agree to one of the three options stated in 15.2.2.3, the Parties shall identify whether the Director, designee or Association shall submit a request for arbitration to both options and the arbitrator and/or arbitration service who responds with the first available date will be the presiding arbitrator. The Parties will agree to the rules and procedures for conducting grievance arbitrations as soon as possible. Any and all costs for the services of the arbitrator shall be borne equally by the Association and the District.

Level III – Binding Arbitration. If the grievant is not satisfied with the decision rendered at Level II, he/she may appeal the decision in writing within ten (10) working days to binding arbitration. CSEA shall retain the right to determine which cases proceed to arbitration. 17.8.1 The parties shall select a mutually acceptable arbitrator. In the event they are unable to agree on an arbitrator within ten (10) working days of the submission of the grievance to arbitration, the arbitrator shall be selected from a list submitted by the State Mediation and Conciliation Service or the American Arbitration Association. If the grievant and the District cannot agree on an arbitrator from the list, each party shall alternately strike names until only one name remains after determining the first strike by lot. 17.8.2 The arbitrator shall conduct a hearing at which both parties may present evidence. After concluding the hearing, he/she shall prepare a report listing the issues and pertinent facts found at the hearing. The arbitration award resulting from this procedure shall be final and binding on both parties. The arbitrator award shall be sent to the Governing Board, with copies to the grievant, CSEA and the Superintendent. The Superintendent shall implement the award within ten (10) working days. The cost of the arbitration shall be borne equally by the parties.

Level III – Binding Arbitration a. In the event that the parties have not resolved the grievance with the assistance of the mediator, the Union may request within ten (10) days of the meeting with the mediator to resolve the issue through binding arbitration. The parties shall select an arbitrator from the State Mediation and Conciliation Services via a list of seven arbitrators, with the party striking first to be determined by coin toss. The process of striking names shall occur within ten (10) days of receipt of the list. Once the arbitrator has been selected, hearings shall commence at the earliest convenience of the arbitrator. b. The decision of the arbitrator shall be submitted to the parties and will be final and binding upon the parties. c. The parties shall equally split the cost of an arbitrator, and each party shall bear the full costs for its representation in the arbitration.