Level IV - Arbitration. Should the grievance remain unresolved at Level III, the UFO may, within twenty (20) days following conclusion of Level III, provide written notice to the District to submit the matter to arbitration.
Level IV - Arbitration. 16.6.1 If the Association is not satisfied with the decision at Level III, the grievant shall within thirty
Level IV - Arbitration. If the grievance is not satisfactorily resolved at Level III, the Association shall, upon request of the grievant, submit the grievance to binding arbitration within twenty (20) days of receipt of the written Board decision by the grievant in accordance with the provisions of Section 9.03
Level IV - Arbitration. If the Faculty Association is not satisfied with the disposition of the grievance at Level III, it must, within twenty (20) days of receipt of the written decision of the Chancellor or designee in Level III, send a written notice to the Chancellor that the matter is being submitted for arbitration. See Appendix: Grievance: Level IV Form (Arbitration).
a. Either the Faculty Association or the District will request the California State Conciliation Service (C.S.C.S.) to provide a list of seven (7) names of persons experienced in hearing grievances in the public schools. The arbitrator shall be selected within fourteen (14) days following receipt of the list, by alternately striking names until only one (1) name remains. The party with the right to strike first shall be determined by a flip of the coin. In the event that the arbitrator is unable to serve, the parties shall request an arbitrator through the American Arbitration Association (A.A.A.) or may select a mutually agreed upon individual from the original list of seven (7) submitted by California State Conciliation Service (C.S.C.S.).
b. The parties shall each bear the burden of one-half (1/2) of the Arbitrator’s cost, and shall each bear their own separate legal and research costs.
c. The hearing shall proceed under the Voluntary Labor Rules of the American Arbitration Association (A.A.A.) or under the Expedited Rules of the American Arbitration Association (A.A.A.) if agreed to in advance by both parties.
d. The Arbitrator will hear evidence on issues of arbitrability and the substantive issues at the same arbitration hearing.
e. After an investigation and hearing, it shall be the function of the arbitrator as empowered, except as those powers are limited by the provisions of this Article and the applicable American Arbitration Association (A.A.A.) rules, to make a decision in cases of an alleged violation(s) or misapplication of the specific Article(s) and Section(s) of this Agreement.
f. The arbitrator shall have no power to add, subtract from, disregard, alter or modify any of the terms of this Agreement and shall not consider or include issues in the decision that are not directly involved in the case as submitted. The arbitrator shall not deprive the District or the Faculty Association of any rights expressly or implicitly reserved herein.
g. The arbitrator shall make no retroactive award to the grievant(s) which would pre-date the effective date of this Agreement. The arbitrator will be without...
Level IV - Arbitration. If the employee is dissatisfied with the written disposition of the alleged grievance at Level III, the employee shall request the BCEA to decide whether or not to appeal the grievance to arbitration. If the BCEA determines to appeal a grievance to arbitration, the BCEA representative shall notify the Superintendent in writing within fifteen (15) days of the receipt of the Level III written disposition. After receipt of the arbitration notification, a five (5) day period will be allowed for possible consultation between the BCEA and the Superintendent or his/her designee. The BCEA may then file a request, as soon as possible, for the services of an arbitrator with the American Arbitration Association. The parties agree to abide by the procedures, rules and regulations of the American Arbitration Association. The BCEA, the employee(s), the Administration and the BOARD, shall be bound by the decision of the arbitrator. The BCEA shall bear equally with the BOARD the cost of the arbitrator's services, including per diem expenses and stenographic transcript costs if the services of a stenographer are requested by the arbitrator or both parties order transcripts, and actual necessary travel and subsistence expenses. The arbitrator shall have no power to alter, add to or subtract from the terms of this AGREEMENT and shall issue his decision on the grievance in writing. In addition, the arbitrator shall have no right to rule on any non-procedural issue involved in the negotiations for an agreement between the parties.
Level IV - Arbitration. 11.3.5.1 If the grievance is not resolved at Level III, the Association may provide a written request to the Superintendent that the grievance be submitted to arbitration.
11.3.5.2 Within ten (10) days of the Association’s written request, the parties shall attempt to agree on an arbitrator to hear the grievance. If no agreement is reached within said ten (10) day period, the parties shall jointly request the California State Mediation and Conciliation Service to supply a list of seven (7) names of persons experienced in hearing grievances in California public schools. In the absence of a mutual agreement of an arbitrator from this list, each party shall alternately strike a name until only one name remains. The order of the striking shall be determined by lot.
11.3.5.3 In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a written decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by referring to the written grievance and the answers thereto at each step. If any question arises to the arbitrability of the grievance, the arbitrator shall rule on this issue prior to hearing the merits, unless he/she rules otherwise.
11.3.5.4 After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit findings and an award to both parties.
11.3.5.5 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision contrary to law, or on issues(s) not before the arbitrator, nor on facts not supported by evidence. The power of the arbitrator to award back pay shall be limited to the first of the fiscal year in which the grievance was filed.
11.3.5.6 Any costs of a hearing room and the fees and expenses of the arbitrator shall be borne equally by both parties. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested by the arbitrator or both parties. If the transcript is requested by only one (1) party, that party shall incur the expense. All other expenses shall be borne by the party incurring them.
11.3.5.7 The decision of the arbitrator shall be final and binding, subject to appropriate judicial review, unless appealed to the next level.
Level IV - Arbitration. 1. Within fifteen (15) work days after receipt of the decision of the Chancellor, the Federation may, upon written notice to the Associate Vice Chancellor, Human Resources, submit the grievance to arbitration under and in accordance with the prevailing rules of California State Mediation and Conciliation Services.
a) Only the Federation (exclusive representative) may demand arbitration.
Level IV - Arbitration. 16.6.1 If the Association is not satisfied with the decision at Level III, the grievant shall within thirty (30) days after receiving the decision submit a written request (Appendix E) to the Superintendent or designee for arbitration.
16.6.2 If the Association decides to submit the grievance to arbitration, the Association and the District shall attempt to agree upon an arbitrator. The order of the striking shall be determined by lot.
16.6.3 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them.
16.6.4 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. 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.
16.6.5 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.
16.6.6 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 award, which shall be binding.
Level IV - Arbitration. 1650 14.4.5.1 Where the grievant and CSEA wish to proceed to arbitration, a request shall be
1.1 The Vice Chancellor of Human Resources or designee shall request a 1656 list of arbitrators from the State Mediation and Conciliation Service. 1657 1658 14.4.5.1.2 Within five (5) days after receipt of the list, a representative of the 1659 District and a representative of CSEA shall alternately strike names 1660 from the list until only one name remains. 1661 1662 14.4.5.1.3 Upon receiving the request to move to arbitration, the Vice Chancellor 1663 of Human Resources or designee shall contact the selected arbitrator to 1664 schedule a hearing at the earliest convenience of the arbitrator. The 1665 parties agree to schedule the arbitration hearing within three (3) months 1666 of the request for arbitration. 1667 1668 For the purpose of this Section, the “schedule arbitration” means that 1669 the parties will contact the mutually-selected arbitrator and request 1670 confirmation of a scheduled date for the arbitrator. Every effort will be 1671 made to schedule the arbitration hearing within three (3) months of the 1672 request for arbitration. Through mutual agreement, the hearing may be 1673 extended beyond the three (3) month period of time. 1674 1675 14.4.5.1.4 Arbitrator expenses, including any per diem fees, actual and necessary 1676 travel and subsistence expense, and other fees and expenses shall be 1677 shared equally by the parties. Other expenses shall be borne by the party 1678 incurring them. Neither party shall be responsible for the expense of 1679 witnesses called by the other who are not District employees. 1680 1681 The grievant and the CSEA representative shall be provided reasonable 1682 release time to process a grievance without loss of pay or benefits. 1683 1684 14.4.5.1.5 The arbitrator shall, as soon as possible, hear evidence and render a 1685 decision on the issue or issues submitted. If either party so requests, the 1686 arbitrator shall specifically rule upon the arbitrability of issues prior to 1687 the hearing on the merits of the grievance. If the parties cannot agree 1688 upon a statement of the issues to be arbitrated, the arbitrator shall 1689 determine the issues by referring to the written grievance and the 1690 answers thereto at each step. 1691 1692 14.4.5.1.6 The arbitrator may only render a decision on the interpretation of the 1693 provision or provisions of this Agreement at issue between the parties. 1694 The arbitrato...
Level IV - Arbitration. If the aggrieved is not satisfied with the suggestion for resolution received in Level III, he/she may, within seven (7) days of receipt of such written response, make written request to the Board and the Association that the grievance be submitted to arbitration. The arbitrator shall be selected by the President of the Association for the Association and by the Superintendent for the Board. If the Association and the Superintendent cannot agree on an arbitrator, the arbitrator shall be selected from the American Arbitration Association, according to its voluntary rules and regulations. The arbitrator shall hold such meetings as he/she determines necessary to make a fair and impartial ruling on the grievance as stated. The ruling of the arbitrator shall be made in writing to the aggrieved and to the Superintendent and be final to the limit of the grievance as stated. Cost of the arbitrator shall be borne by the party against whom the arbitrator rules. This does not include filing fees assessed each party when the American Arbitration Association is used. The arbitrator shall not have the authority to add to, subtract from, or in any way modify the provisions of this agreement. A grievance may not be taken to arbitration without the approval of the Association Executive Committee.
