Common use of Level III – Binding Arbitration Clause in Contracts

Level III – Binding Arbitration. 12.5.3.1 If the grievant is not satisfied with the decision at Level II, the grievant may, within ten (10) days of the receipt of the decision submit a request in writing to the CCFT for arbitration of the dispute. Within fifteen (15) days of the receipt of the grievant's request for arbitration, the CCFT shall inform the District of its intent as to whether or not the grievance will be arbitrated. The CCFT and the District may attempt to agree upon an arbitrator. If no agreement can be reached, the CCFT and the District shall request that the State Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternatively strike names until only one name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot. 12.5.3.2 The arbitrator shall, as soon as possible, hear evidence and tender a decision on the issue or issues submitted to her/him. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 12.5.3.3 The District and the CCFT agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the administration to do an act prohibited by law. 12.5.3.4 After hearing evidence and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties, her/his findings and award. 12.5.3.5 The award of the arbitrator shall be final and binding. 12.5.3.6 The fees and expenses of the arbitrator shall be shared equally by the District and the CCFT. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they both mutually agree. If the arbitrator requests a court reporter, then the costs shall be shared by both parties. 12.5.3.7 Alleged violations of Article 5 (Non-discrimination) shall not be subject to the binding arbitration provisions of this Article. If the grievant is not satisfied with the decision at Level II of the grievance procedure, the grievant may appeal the decision to the Governing Board or pursue other remedies she/he may have before state or federal agencies or courts.

Level III – Binding Arbitration. 12.5.3.1 10.4.4.1 If the grievant aggrieved person is not satisfied with the decision disposition of his/her grievance at Level II, or if no written decision has been rendered within ten (10) days after the grievant mayfinal 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 receipt Association's submission of the decision submit a request in writing grievance to the CCFT for arbitration of the dispute. Within fifteen (15) days of the receipt of the grievant's request for arbitration, the CCFT a list of seven (7) persons shall inform the District of its intent as to whether or not the grievance will be arbitrated. The CCFT and the District may attempt to agree upon an arbitrator. If no agreement can be reached, the CCFT and the District shall request that requested from the State Mediation and Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances in public schoolsService. Each party side shall alternatively then alternately strike names until only one name remains. The remaining panel member (1) person remains on the list who shall be serve as the impartial neutral arbitrator. The order of Also each side shall have the striking shall be determined by lotright to reject one (1) full list from the State Mediation and Conciliation Service. 12.5.3.2 10.4.4.3 The arbitrator shallarbitrator's decision will be in writing and will set forth his/her findings of fact, as soon as possiblereasoning, hear evidence and tender a decision conclusions on the issue or issues submitted to her/him. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 12.5.3.3 The District and the CCFT agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the partiessubmitted. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall will be without power or authority to make any decision that which requires the District or the administration to do commission of an act prohibited by law. 12.5.3.4 After hearing evidence and after both parties have had an opportunity to make written arguments, law or which is inconsistent with the arbitrator shall submit in writing to all parties, her/his findings and award. 12.5.3.5 The award terms of this Agreement. Also the arbitrator shall be final and binding. 12.5.3.6 without authority to modify or change the terms of this Agreement. The fees and expenses decision of the arbitrator shall will be shared 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 District Board and the CCFTAssociation. All other expenses shall costs will be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they both mutually agree. If the arbitrator requests a court reporter, then the costs shall be shared by both parties. 12.5.3.7 Alleged violations of Article 5 (Non-discrimination) shall not be subject to the binding arbitration provisions of this Article. If the grievant is not satisfied with the decision at Level II of the grievance procedure, the grievant may appeal the decision to the Governing Board or pursue other remedies she/he may have before state or federal agencies or courts.