Level IV – Binding Arbitration. A. Within twenty (20) days after the decision of the Chancellor (or designee) or after no decision has been given by the Chancellor, the Association may submit the grievance to binding arbitration by filing a request for arbitration with the Chancellor.
B. If arbitration is requested, the grievant and the District shall attempt to agree upon an impartial arbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service (SMCS) to supply a list of seven names of persons experienced in hearing grievances in community college matters. Each party shall alternately strike a name until one name remains. The remaining panel member shall be impartial arbitrator. The order of striking shall be determined by toss of a coin.
C. The reasonable and customary fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. When requested by the association, the grievant and all necessary witnesses shall be provided release time at District expense for the time during which they are needed at the hearing. All other expenses shall be borne by the party incurring them.
D. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted. The arbitrator shall establish as early a hearing date as is practical. A date for the hearing must be selected within ninety (90) days of the date of selection of the arbitrator, or either the Association or the District may request a new arbitrator.
E. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement between the District and the Association. If the arbitrator’s findings and conclusions establish that a monetary award is necessary to enforce the terms of the Agreement so as to fully remedy the wrong to the grievant, such an award shall be made.
F. The decision of the impartial arbitrator shall be final and binding to the parties.
G. 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 mutually agree. If the arbitrator requests a court reporter, the costs shall be shared by both parties.
H. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth...
Level IV – Binding Arbitration. If a resolution of the grievance is not achieved 12 as a result of mediation (Level III) or if Level III has been waived, and the grievant 13 through the Association desires to contest further, the grievant may request the 14 CSEA to submit the grievance to arbitration. If the CSEA proceeds to arbitration, 15 the statement of grievance shall be filed with Employee Relations Services on the 16 appropriate Level IV form within ten (10) days following the conclusion of 17 mediation. The form shall be complete and include the endorsement of the CSEA. 18 19 No grievance shall be considered by the arbitrator which has not first been 20 processed in accordance with the above described grievance procedures, Sections 21 C and D.
Level IV – Binding Arbitration. If the grievant is not satisfied with the decision at Level III, CUTA may, within ten (10) days thereafter, request binding arbitration. The procedures of such arbitration shall be as follows:
(a) CUTA shall notify the District, in writing, of their intent to request arbitration and to submit the grievance to arbitration. The grievance shall be submitted to the State Mediation and Conciliation Service. The parties shall select a mutually acceptable arbitrator. The arbitrator shall proceed under the Voluntary Labor Arbitration Rules of the American Arbitration Association.
(b) All filing fees and 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 room or hearing reporter will be borne equally by the District and CUTA. All other costs will be borne by the party incurring them.
Level IV – Binding Arbitration. 16.2.4.1 In the event the grievant is not satisfied with the decision at Level II, or the mediation step described in 16.2.3, if utilized, has not resulted in a settlement, CSEA shall notify the Superintendent/President that the grievance shall be submitted to a neutral arbitrator. Such notification shall be in writing and filed with the Superintendent/President within ten
Level IV – Binding Arbitration. 14 In the event the grievant is not satisfied with the decision of the Board of Education, and, 15 if the grievance alleges violation of the Agreement, the matter may be submitted to arbitration by 16 filing a written request no later than fifteen (15) days following the decision by the Board of 17 Education. No grievance will go to binding arbitration without the consent of the Association. 18 If the District and the Association are unable to mutually agree upon an arbitrator, they 19 shall, within ten (10) days of receipt of the request for arbitration, ask that the American Arbitration
Level IV – Binding Arbitration. 9.3.4.1 If the grievant is not satisfied with the decision at Level III, the grievant may within ten (10) days of the receipt of the decision submit a request in writing to CSEA for arbitration of the dispute. Within twenty (20) days of the grievant’ s receipt of the decision at Level III, CSEA shall inform the District of its intent as to whether or not the grievance will be arbitrated. CSEA and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot.
9.3.4.2 If either District or CSEA so requests, a separate arbitrator shall be selected to hear the merits of any issue raised regarding the arbitrability of a grievance. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided. The process to be used in selecting an arbitrator shall be set forth in 9.3.4.1
9.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to 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.
9.3.4.4 The District and CSEA 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.
9.3.4.5 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 findings and award.
9.3.4.6 The award of the arbitrator shall be final and binding.
9.3.4.7 The fees and expenses of the arbitrator and court reporter (including the cost of the transcript if requested ...
Level IV – Binding Arbitration. In the event the grievance is not adjusted at Level III, the Association may submit a written request to the Superintendent or designee for arbitration. The District and the Association shall attempt to select a mutually acceptable arbitrator. If a mutually acceptable arbitrator cannot be selected, the parties shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service who are experienced in hearing grievances in California public school districts. The selection of the arbitrator from the list shall be made by the alternate striking method. The first strike shall be determined by a toss of a coin. In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a 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. After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit findings and award to both parties. 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, on issue(s) not before the arbitrator, nor on facts not supported by the evidence. The arbitrator's authority to award back pay is limited to the first of the fiscal year in which the grievance was filed. 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 a copy of 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. The findings and decision of the arbitrator shall be final and binding on all parties subject to the established right of judicial review.
Level IV – Binding Arbitration. If the grievance has not been adjusted to the satisfaction of the grievant at Level II, or if no decision has been rendered within twenty (20) days after he/she had first met with the Superintendent, he/she may, within seven (7) school days after a decision by the Superintendent, whichever is sooner, request in writing that the Association submit his/her grievance to arbitration. If the Association determines that the grievance involves the interpretation, meaning or application of any of the provisions of this Agreement, it may give written notice to the Superintendent, within ten (10) days after receipt of the request from the grievant, to submit the grievance to binding arbitration. If any question arises as to arbitrability, such question will first be ruled upon by the arbitrator selected to hear the dispute.
Level IV – Binding Arbitration. 30 5.3.7 If the Association is not satisfied with the disposition of the grievance at Level III, the 31 Association may by written notice to the Superintendent within fifteen (15) days after the conclusion 32 of the mediation submit the grievance to arbitration, as provided below.
33 5.3.8 If any question arises to the arbitrability of the grievance, such questions will be ruled upon by 34 the arbitrator only after he/she has had an opportunity to hear the merits of the grievance.
35 5.3.9 Within ten (10) days after receipt by the District of the written notice of intent to arbitrate, the 36 Superintendent or designee and the Association will attempt to agree on a mutually acceptable 37 arbitrator and to obtain a commitment from the arbitrator to serve. If the parties are unable to so agree,
Level IV – Binding Arbitration. The Association may submit the grievance to final and binding arbitration if either:
5.3.7.1 The grievant is not satisfied with the disposition of the grievance at Level III, or
5.3.7.2 No written decision has been rendered within ten
