Common use of Level IV – Advisory Arbitration Clause in Contracts

Level IV – Advisory Arbitration. If the grievance is not resolved at Level III, the grievant may request, within five (5) days of the Level III written report, that the matter proceed to a hearing before an arbitrator. 5.2.4.1 If the grievant elects to proceed to advisory arbitration, the Superintendent shall request a list of arbitrators from the California Mediation and Conciliation Service. As soon as possible after receiving the list from the Service, representatives for the District and the grievant shall meet and mutually select an arbitrator. 5.2.4.2 The arbitrator shall conduct a hearing at which both parties may present witnesses and evidence. The parties shall mutually agree upon the time and location of the hearing. 5.2.4.3 Each party shall bear the cost of preparing and presenting its own case in arbitration. All fees and expenses of the arbitrator and the arbitration process shall be shared equally by the parties. Unless the parties mutually agree to pay for the cost of a court reporter, the party who requests the presence of a court reporter shall pay for the court recorder. Each party shall be responsible for the costs of any transcripts following the hearing. 5.2.4.4 The arbitrator shall render a recommendation for resolution on the issue(s) within thirty (30) days of the close of hearings. Following the issuance of the arbitrator’s written recommendation, the parties shall be bound by that recommendation unless one party notifies the other, in writing, within ten (10) days of the date of the written recommendation, that it will not be bound by the arbitrator’s recommendation for resolution.