Common use of Level IV – Advisory Arbitration Clause in Contracts

Level IV – Advisory Arbitration. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she with the approval of CSEA, may within fifteen (15) days submit a request in writing to the Superintendent for advisory arbitration of the dispute. The grievant or his/her representative and the District shall attempt to agree upon an advisory arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The grievant shall strike first. The remaining panel member shall be the advisory arbitrator. The arbitrator shall, as soon as possible, hear evidence and render a recommendation on the issue or issues submitted to him/her. (If the parties cannot agree upon a submission statement, the arbitrator shall determine the issues by referring to the written grievance and the disposition thereof at each step.) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendations. 10.10.1 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. 10.10.2 The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. 10.10.3 If any question arises as to the arbitrary nature of a grievance, such question will be ruled upon before proceeding onto the merits of the grievance. 10.10.4 Those things reserved to management by the management rights clause are not subject to the grievance procedure; all other rights and sections of this agreement are subject to this grievance procedure.

Level IV – Advisory Arbitration. (1) If the grievant is not satisfied with the disposition of his/her grievance decision at Level III, he/she with the approval of CSEA, may within fifteen twenty (1520) days submit a request of the grievant's receipt of the decision at Level III, the Union shall inform the District in writing of its intent as to whether or not the Superintendent for advisory arbitration of the disputegrievance is to be arbitrated. The grievant or his/her representative Union and the District shall attempt to agree upon an advisory arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The grievant shall strike first. The remaining panel member shall be the advisory arbitrator. The order of the striking shall be determined by lot. (2) The arbitrator shall, as soon as possible, hear evidence and render a recommendation decision on the issue or issues submitted to him/her. (If the parties cannot agree upon a submission statementagreement, the arbitrator shall determine the issues by referring issues. (3) The District and the Union agree that the jurisdiction and authority of the arbi- trator so selected and the opinions the arbitrator expresses will be confined exclusively to the written grievance and interpretation of the disposition thereof express provision(s) of this Agreement at each stepissue 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. (4) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendationsrecommended award. 10.10.1 (5) The award of the arbitrator shall be advisory to the Board of Trustees who shall render a final determination of the grievance. (6) The fees and expenses of the arbitrator and the hearing court reporter shall be borne shared equally by the District and the grievantUnion. All other expenses shall be borne by the party incurring them. 10.10.2 The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures neither party shall be responsible for the expense of the District. 10.10.3 If any question arises as to the arbitrary nature of a grievance, such question will be ruled upon before proceeding onto the merits of the grievance. 10.10.4 Those things reserved to management witnesses called by the management rights clause are not subject to the grievance procedure; all other rights and sections of this agreement are subject to this grievance procedureother.

Level IV – Advisory Arbitration. (1) If the grievant is not satisfied with the disposition of his/her grievance decision at Level III, he/she with the approval of CSEA, may within fifteen twenty (1520) days submit a request of the grievant's receipt of the decision at Level III, the Union shall inform the District in writing of its intent as to whether or not the Superintendent for advisory arbitration of the disputegrievance is to be arbitrated. The grievant or his/her representative Union and the District shall attempt to agree upon an advisory arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The grievant shall strike first. The remaining panel member shall be the advisory arbitrator. The order of the striking shall be determined by lot. (2) The arbitrator shall, as soon as possible, hear evidence and render a recommendation decision on the issue or issues submitted to him/her. (If the parties cannot agree upon a submission statementagreement, the arbitrator shall determine the issues by referring issues. (3) The District and the Union agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the written grievance and interpretation of the disposition thereof express provision(s) of this Agreement at each stepissue 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. (4) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendationsrecommended award. 10.10.1 (5) The award of the arbitrator shall be advisory to the Board of Trustees who shall render a final determination of the grievance. (6) The fees and expenses of the arbitrator and the hearing court reporter shall be borne shared equally by the District and the grievantUnion. 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. 10.10.2 The arbitrator will have no power to add to, subtract from, or modify the terms 15.1 Probationary Workers a) Notice of this Agreement or the written policies, rules, regulations, and procedures Action (1) Statement of the District. 10.10.3 If any question arises as to the arbitrary nature of a grievance, such question will be ruled upon before proceeding onto the merits action; (2) Effective date of the grievanceaction; (3) Statement in ordinary and concise language of the reasons for the action; (4) Statement advising the worker of the right to administrative review of such action and the right to union representation. 10.10.4 Those things reserved to management by the management rights clause are not subject to the grievance procedure; all other rights and sections of this agreement are subject to this grievance procedure.

Level IV – Advisory Arbitration. If the grievant is not satisfied with the disposition of his/her grievance at Level III, he/she with the approval of CSEA, may within fifteen ten (1510) working days submit a request in writing to the Superintendent for advisory arbitration of the dispute. The grievant or his/her representative and the District shall attempt to agree upon an advisory arbitratorarbitrator of the dispute. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The grievant shall strike A coin toss will determine who strikes first. The remaining panel member shall be the advisory arbitrator. The arbitrator shall, as soon as possible, hear evidence and render a recommendation on the issue or issues submitted to him/her. (If the parties cannot agree upon a submission statement, the arbitrator shall determine the issues by referring to the written grievance and the disposition thereof at each step.) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendations. 10.10.1 12.1 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. 10.10.2 12.2 The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. 10.10.3 12.3 If any question arises as to the arbitrary nature arbitrability of a grievance, such question will be ruled upon before proceeding onto on to the merits of the grievance. 10.10.4 Those things reserved to management by the management rights clause are not subject to the grievance procedure; all other rights and sections of this agreement are subject to this grievance procedure.

Level IV – Advisory Arbitration. 12.2.5.1 If the grievant is not satisfied with Association proceeds to arbitration, it shall notify the disposition of his/her grievance at Level III, he/she with the approval of CSEA, may within fifteen District in writing. Within ten (1510) days submit a request in writing to the Superintendent for advisory arbitration of such notification, representatives of the dispute. The grievant or his/her representative District and the District Association shall attempt to agree upon an advisory arbitratora mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The grievant shall strike first. The remaining panel member shall be the advisory arbitrator. The arbitrator shall, as soon as possible, hear evidence and render a recommendation on the issue or issues submitted to him/her. (If the parties cannot are unable to agree upon a submission statementan arbitrator within the specified period, the arbitrator Association shall determine file a Demand to Arbitrate with the issues by referring to the written grievance and the disposition thereof at each step.) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and recommendations. 10.10.1 American Arbitration Association. The fees and expenses selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Association and District shall each pay one half (1/2) of any charges required by the American Arbitration Association for services rendered. 12.2.5.2 The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as she/he judges to be proper. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be advisory to the parties. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after she/he had an opportunity to hear the merits of the grievance. 12.2.5.3 All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses and the cost of any hearing shall room, will be borne equally by the District and the grievantAssociation. All other expenses shall costs, except for release time for the grievant(s), Association representative(s) and witnesses, will be borne by the party incurring them. 10.10.2 The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. 10.10.3 If any question arises as to the arbitrary nature of a grievance, such question will be ruled upon before proceeding onto the merits of the grievance. 10.10.4 Those things reserved to management by the management rights clause are not subject to the grievance procedure; all other rights and sections of this agreement are subject to this grievance procedure.