Common use of Level IV Appeal to Binding Arbitration Clause in Contracts

Level IV Appeal to Binding Arbitration. 12.6.1 Should PSEA believe that the resolution prepared by the Associate Superintendent, Personnel Support Services fails to alleviate the alleged contract violation or misapplication, PSEA may appeal to arbitration within ten (10) working days after receiving the Associate Superintendent, Personnel Support Services' decision or, if applicable, the mediator’s proposed settlement. As part of the appeal, PSEA shall forward a written request for arbitration to the State Mediation/Conciliation Service with a copy to the Associate Superintendent, Personnel Support Services. PSEA shall request that the State Mediation/Conciliation Service provide a list of seven names as potential arbitrators. Any arbitrator on the list shall have an office in Southern California (San Diego, Orange, Los Angeles, Riverside, San Bernardino, or Imperial Counties). 12.6.2 If the parties have not mutually agreed upon an arbitrator, the grievant and the employer’s representative shall select the arbitrator from the list of seven names provided by the State Mediation/Conciliation Service. Each party may, in turn, strike out one name until only one name remains. Should more than one arbitrator remain acceptable to the parties, the particular arbitrator will be decided by lot. The first option of elimination shall alternate. All grievances reaching the arbitration level shall be numbered. The odd numbered grievances will give the grievant first right to elimination; even numbered grievances will give the employer first right to elimination. 12.6.3 All documentary evidence to be presented at the arbitration hearing shall be disclosed to the opposing party at least ten (10) working days prior to the arbitration hearing. Each party shall notify the other party of the identity of witnesses to be presented during the arbitration. Such notification shall occur at least ten (10) working days prior to the arbitration hearing. Nothing herein prohibits a party from presenting documentary evidence or witnesses in rebuttal which were not previously disclosed. In addition, a party may request permission from the arbitrator to present documentary evidence and/or witnesses that were not previously timely disclosed. The arbitrator may grant the request upon a showing of good cause for the short notice and lack of prejudice to the other side. 12.6.4 The parties may mutually agree on the locale where the arbitration is to be held. The hearing shall commence at the convenience of the arbitrator, provided however, that all sessions shall occur on working days. All costs for the arbitrator, including, but not limited to, per diem, travel and subsistence expenses, and the cost of any hearing room, shall be paid by the non-prevailing party to the arbitration. The identity of the non-prevailing party shall be determined by the arbitrator. Either party may request a transcript of the hearing. The expense of such transcript shall be paid by the party requesting a transcript. All other costs attendant to the arbitration will be borne by the party incurring them, including, but not limited to, attorney, or other fees, duplicating costs, witness subpoena fees and mileage, expert’s consultation and witness fees. Release time for witnesses employed by the District shall be the time of actual testimony at this hearing plus a reasonable period before and after the giving of testimony at this hearing. A full day release time may be given when necessary.

Level IV Appeal to Binding Arbitration. 12.6.1 12.5.1 Should PSEA the grievant believe that the resolution prepared by the Associate Superintendent, Personnel Support Services Services, fails to alleviate the alleged contract violation or misapplication, PSEA the grievant may appeal to arbitration within ten (10) working days after receiving the Associate Superintendent, Personnel Support Services' ’ decision or, if applicable, the mediator’s proposed settlement. As part of the appeal, PSEA shall forward a written request for arbitration to the State Mediation/Conciliation Service with a copy to the Associate Superintendent, Personnel Support Services. PSEA shall request that the State Mediation/Conciliation Service provide a list of seven (7) names as potential arbitrators. Any arbitrator on the list shall have an office in Southern California (San Diego, Orange, Los Angeles, Riverside, San Bernardino, or Imperial Counties). 12.6.2 12.5.2 If the parties have not mutually agreed upon an arbitrator, the grievant and the employer’s representative shall select the arbitrator from the list of seven (7) names provided by the State Mediation/Conciliation Service. Each party may, in turn, strike out one (1) name until only one one (1) name remains. Should more than one (1) arbitrator remain acceptable to the parties, the particular arbitrator will be decided by lot. The first option of elimination shall alternate. All grievances reaching the arbitration level shall be numbered. The odd numbered grievances will give the grievant first right to elimination; even numbered grievances will give the employer first right to elimination. 12.6.3 12.5.3 All documentary evidence to be presented at the arbitration hearing shall be disclosed to the opposing party at least ten (10) working days prior to the arbitration hearing. Each party shall notify the other party of the identity of witnesses to be presented during the arbitration. Such notification shall occur at least ten (10) working days prior to the arbitration hearing. Nothing herein prohibits a party from presenting documentary evidence or witnesses in rebuttal which were not previously disclosed. In addition, a party may request permission from the arbitrator to present documentary evidence and/or witnesses that were not previously timely disclosed. The arbitrator may grant the request upon a showing of good cause for the short notice and lack of prejudice to the other side. 12.6.4 The parties may mutually agree on the locale where the arbitration is to be held. The hearing shall commence at the convenience of the arbitrator, provided however, that all sessions shall occur on working days. All costs for the arbitrator, including, but not limited to, per diem, travel and subsistence expenses, and the cost of any hearing room, shall be paid by the non-prevailing party to the arbitration. The identity of the non-prevailing party shall be determined by the arbitrator. Either party may request a transcript of the hearing. The expense of such transcript shall be paid by the party requesting a transcript. All other costs attendant to the arbitration will be borne by the party incurring them, including, but not limited to, attorney, or other fees, duplicating costs, witness subpoena fees and mileage, expert’s consultation and witness fees. Release time for witnesses employed by the District shall be the time of actual testimony at this hearing plus a reasonable period before and after the giving of testimony at this hearing. A full day release time may be given when necessary.ten