Common use of Level IV – Binding Arbitration Clause in Contracts

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. Any relevant evidence may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidence.

Level IV – Binding Arbitration. A. 19.3.4.1 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 the Association for advisory arbitration of the dispute. Within twenty (20) days after of the grievant's receipt of the decision of the Chancellor (or designee) or after no decision has been given by the Chancellorat Level III, the Association may submit shall inform the District of its intent as to whether or not the grievance to binding arbitration by filing a request for arbitration with the Chancellor. B. If arbitration is requested, the grievant will be arbitrated. The Association and the District shall attempt to agree upon an impartial arbitrator. If no agreement can be reached, they shall request that the California State Mediation and Conciliation Service (SMCS) to supply a list panel of seven five names of persons experienced in hearing grievances in community college matterspublic schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be impartial the arbitrator. The order of the striking shall be determined by toss lot. 19.3.4.2 If either the District or the Association so requests, a separate arbitrator shall be selected to hear the merits of any issue raised regarding the arbitrability of a coingrievance. 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 as set forth in 19.3.4.1. 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. 19.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submittedsubmitted 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. 19.3.4.4 The District and the Association 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 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 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 between 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. 19.3.4.5 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/her findings and award. The award of the arbitrator shall be a final and binding determination. 19.3.4.6 The fees and expenses of the arbitrator shall be shared equally by 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 All other expenses shall be made. F. The decision of borne by the impartial arbitrator party incurring them, and neither party shall be final and binding to responsible for the parties. G. expense of witnesses called by the other. 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 both mutually agree. If the arbitrator requests a court reporter, then 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. Any relevant evidence may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidence.

Level IV – Binding Arbitration. A. Within twenty (20) days after If 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 grievant is not satisfied with the Chancellor. B. If arbitration is requestedoutcome at Level III, Mediation, the grievant and may, within ten (10) days of the outcome of mediation, submit a request in writing to CHI/CTA/NEA for arbitration of the dispute. Within ten (10) days of the grievant’s request for arbitration, CHI/CTA/NEA shall inform the District shall attempt of its intent as to agree upon an impartial arbitratorwhether or not the grievance will be arbitrated. If no agreement can be reachedAt that point, they the District and CHI/CTA/NEA shall request that the California State Mediation and Conciliation Service (SMCS) to supply a list of seven five (5) names of persons experienced in hearing handling grievances in community college matterscolleges. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be impartial arbitrator. The order of the striking shall be determined by toss of a coin. C. lot. The reasonable and customary fees and expenses of remaining person on the arbitrator and the hearing list shall be borne equally by the District and the Associationarbitrator. 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 submitted. If either party so requests, the arbitrator shall specifically rule upon the arbitrability of issues. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue to be arbitrated by referring to the written grievance. The District and CHI/CTA/NEA agree that the jurisdiction and authority of the arbitrator and the decision rendered by the arbitrator will be confined exclusively to the interpretation of the express provision or issues submittedprovisions of this Agreement that are at issue. 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 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 between Agreement. A hearing shall take place at which both parties shall have an opportunity to present their case orally, and separately, to the arbitrator. Written arguments may also be submitted. The arbitrator shall submit in writing to both parties his/her findings and decision, which shall be binding on the parties. The fees and expenses of the arbitrator shall be shared equally by the District and the AssociationCHI/CTA/NEA. 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 All other expenses 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 borne by the party requesting incurring them and neither party shall be responsible for the reporter or shared expense of witnesses called by the parties if they mutually agree. If the arbitrator requests a court reporter, the costs shall be shared by both partiesother. 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. Any relevant evidence may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidence.

Level IV – Binding Arbitration. A. Within twenty (20) days after 10.14.1 If the decision grievant is not satisfied with the disposition of the Chancellor (or designee) or after no decision has been given by the ChancellorLevel III, the Association may submit move the grievance to binding arbitration by filing submitting a written request for arbitration with to the ChancellorDistrict within 21 days of the Level III decision. B. If arbitration is requested, the grievant 10.14.2 The Association 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 panel of seven five names of persons experienced in hearing grievances in community college matterspublic schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be impartial the arbitrator. The order of striking shall be determined by toss of a coinlot. C. 10.14.3 The reasonable and customary fees and expenses of the arbitrator and the hearing Arbitrator 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. 10.14.3.1 If any questions arise as to the arbitrability of the grievance, the Arbitrator must rule on the issue of arbitrability before hearing the merits of the case. 10.14.3.2 In the event the arbitrator dismisses a grievance on the ground that said grievance is not arbitrable under the Agreement, the Association and /or the grievant agrees to pay all fees and expenses of the Arbitrator. 10.14.4 The arbitrator Arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted. The arbitrator If the parties cannot agree upon a statement of issues, the Arbitrator shall establish as early a hearing date as is practical. A date for determine the hearing must be selected within ninety (90) days of issues by referring to the date of selection of written grievance and the arbitrator, or either the Association or the District may request a new arbitratoranswers thereto at each step. E. 10.14.5 The arbitrator Arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement between or the District written policies, rules, regulations and procedures of the Association. If District. 10.14.6 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator’s arbitrator shall within thirty days of closing the record, submit in writing to all parties the 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 madebinding decision. 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. Any relevant evidence may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidence.

Level IV – Binding Arbitration. A. 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 the Association for arbitration of the dispute. Within twenty (20) days after of the grievant’ s receipt of the decision of the Chancellor (or designee) or after no decision has been given by the Chancellorat Level III, the Association may submit shall inform the District of its intent as to whether or not the grievance to binding arbitration by filing a request for arbitration with the Chancellor. B. If arbitration is requested, the grievant will be arbitrated. The Association and the District shall attempt to agree upon an impartial arbitrator. If no agreement can be reached, they shall request that the California State Mediation and Conciliation Service (SMCS) to supply a list panel of seven five names of persons experienced in hearing grievances in community college matterspublic schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be impartial the arbitrator. The order of the striking shall be determined by toss lot. 9.3.4.2 If either District or the Association so requests, a separate arbitrator shall be selected to hear the merits of any issue raised regarding the arbitrability of a coin. C. The reasonable and customary fees and expenses 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 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.set forth in 9.3.4.1 D. 9.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submittedsubmitted 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 the Association 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 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 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 between 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 Association. If the arbitrator’s arbitrator shall submit in writing to all parties his findings and conclusions establish that a monetary award. 9.3.4.6 The 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 partiesbinding. G. Either party may request a certified 9.3.4.7 The fees and expenses of the arbitrator and court reporter to record (including the entire arbitration hearing. The cost of the services of such court reporter transcript if requested by either party) shall be paid divided equally between the District and CSEA. All other expenses shall be borne by the party requesting incurring them, and neither party shall be responsible for the reporter or shared expenses of witnesses called by the parties if they mutually agree. If the arbitrator requests other. 9.3.4.8 By filing a court reportergrievance and processing it beyond Level III, the costs grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III, 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 constitute an express election on the part of the truth. Any relevant evidence may be admitted if it grievant that the grievance/arbitration procedure is the type of evidence on which reasonable persons are accustomed to rely chosen forum for resolving the issues contained in the conduct of serious affairs regardless grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the existence issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any common law or statutory rules which might make improper the admission arbitration award in any court of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidencecompetent jurisdiction.

Level IV – Binding Arbitration. A. Within twenty If the grievant is not satisfied with the outcome at Level III, the grievant may, within ten (2010) days after the decision of the Chancellor outcome of the mediation, submit a request in writing to LBCCFA for arbitration of the dispute (or designee) or after no decision has been given by the Chancellor, the Association may Appendix F4 attached). Should LBCCFA decide to submit the grievance to binding arbitration by filing a arbitration, within ten (10) days of receiving the request from the grievant that the grievance be submitted to arbitration, LBCCFA shall file the appeal for arbitration with to the Chancellor. B. If arbitration is requestedVice President, Human Resources. Within five (5) days of receipt of the appeal, the grievant District and the District shall attempt to agree upon an impartial arbitrator. If no agreement can be reached, they LBCCFA shall request that the California State Mediation and Conciliation Service (SMCS) to supply a list of seven five (5) names of persons experienced in hearing handling grievances in community college matterscolleges. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be impartial arbitrator. The order of the striking shall be determined by toss of a coinlot. The remaining person on the list shall be the arbitrator. 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. 4.4.4.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue submitted. If either party so requests, the arbitrator shall specifically rule upon the arbitrability of issues. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue to be arbitrated by referring to the written grievance. 4.4.4.2 The District and LBCCFA agree that the jurisdiction and authority of the arbitrator and the decision rendered by the arbitrator will be confined exclusively to the interpretation of the express provision or issues submittedprovisions of this Agreement that are at issue. 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 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 between the District Agreement. 4.4.4.3 A hearing shall take place at which both parties shall have an opportunity to present their case orally, and the Association. If separately, to the arbitrator’s . Written arguments may also be submitted. The arbitrator shall submit in writing to both parties their 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 grievantdecision, such an award which shall be made. F. The decision of the impartial arbitrator shall be final and binding to on the parties. G. Either party may request a certified court reporter to record the entire arbitration hearing. 4.4.4.4 The cost fees and expenses of the services of such court reporter arbitrator shall be paid shared equally by the District and LBCCFA. All other expenses shall be borne by the party requesting incurring them and neither party shall be responsible for the reporter or shared expense of witnesses called by the parties if they mutually agree. If the arbitrator requests other. 4.4.4.5 By processing a court reportergrievance beyond Level III, except as provided by law, the costs grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this Article. The processing of a grievance beyond Level III 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 constitute an express election on the part of the truth. Any relevant evidence may be admitted if it grievant that the grievance procedure is the type of evidence on which reasonable persons are accustomed to rely chosen forum for resolving the issue contained in the conduct grievance and that the grievant will not resort to any other forum or procedure for resolution of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidenceissue.

Level IV – Binding Arbitration. A. Within twenty If the grievant is not satisfied with the outcome at Level III, the grievant may, within ten (2010) days after the decision of the Chancellor outcome of the mediation, submit a request in writing to LBCCFA for arbitration of the dispute (or designee) or after no decision has been given by the Chancellor, the Association may Appendix F4 attached). Should LBCCFA decide to submit the grievance to binding arbitration by filing a arbitration, within ten (10) days of receiving the request from the grievant that the grievance be submitted to arbitration, LBCCFA shall file the appeal for arbitration with to the Chancellor. B. If arbitration is requestedVice President, Human Resources. Within five (5) days of receipt of the appeal, the grievant District and the District shall attempt to agree upon an impartial arbitrator. If no agreement can be reached, they LBCCFA shall request that the California State Mediation and Conciliation Service (SMCS) to supply a list of seven five (5) names of persons experienced in hearing handling grievances in community college matterscolleges. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be impartial arbitrator. The order of the striking shall be determined by toss of a coinlot. The remaining person on the list shall be the arbitrator. 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. 5.4.4.1 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue submitted. If either party so requests, the arbitrator shall specifically rule upon the arbitrability of issues. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue to be arbitrated by referring to the written grievance. 5.4.4.2 The District and LBCCFA agree that the jurisdiction and authority of the arbitrator and the decision rendered by the arbitrator will be confined exclusively to the interpretation of the express provision or issues submittedprovisions of this Agreement that are at issue. 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 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 between the District Agreement. 5.4.4.3 A hearing shall take place at which both parties shall have an opportunity to present their case orally, and the Association. If separately, to the arbitrator’s . Written arguments may also be submitted. The arbitrator shall submit in writing to both parties his/her 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 grievantdecision, such an award which shall be made. F. The decision of the impartial arbitrator shall be final and binding to on the parties. G. Either party may request a certified court reporter to record the entire arbitration hearing. 5.4.4.4 The cost fees and expenses of the services of such court reporter arbitrator shall be paid shared equally by the District and LBCCFA. All other expenses shall be borne by the party requesting incurring them and neither party shall be responsible for the reporter or shared expense of witnesses called by the parties if they mutually agree. If the arbitrator requests other. 5.4.4.5 By processing a court reportergrievance beyond Level III, except as provided by law, the costs grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this Article. The processing of a grievance beyond Level III 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 constitute an express election on the part of the truth. Any relevant evidence may be admitted if it grievant that the grievance procedure is the type of evidence on which reasonable persons are accustomed to rely chosen forum for resolving the issue contained in the conduct grievance and that the grievant will not resort to any other forum or procedure for resolution of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidenceissue.

Level IV – Binding Arbitration. A. 10.3.4.1 Within twenty ten (2010) working days after the decision of the Chancellor (or designee) or after no decision has been given by the Chancellorcompletion of mediation, the grievant may request in writing that the Association may submit the grievance to binding arbitration. If the Association determines to proceed to arbitration by filing a request for arbitration with it shall notify the Chancellor. B. If arbitration is requestedDistrict of the decision and thereafter the District and the Association shall attempt to mutually agree upon an arbitrator to decide the dispute. If, within ten (10) days, the grievant and the District shall attempt parties are unable to agree upon an impartial arbitrator. If no agreement can be reached, they the parties shall request the California State Mediation and Conciliation Service American Arbitration Association (SMCSAAA) to supply a list of seven names arbitrators from which to select. The parties shall use the procedures of persons experienced the AAA to select the arbitrator. In any event, the AAA Voluntary rules of labor arbitration shall be used as a general guideline. If there are any conflicts the following limitations in hearing grievances 10.3.4.2 shall prevail. The arbitrator’s recommendations shall be in community college matterswriting and will set forth his/her findings of fact, reasoning, and conclusions of the issues submitted. The decision of the arbitrator shall be submitted to the Association and the District and will be final and binding upon the parties. The decision of the arbitrator shall be implemented within fifteen (15) days of receipt by the parties if no date certain is set by the arbitrator. The cost of the arbitration, including travel, per diem, and the cost of a reporter and transcript, if any, will be divided equally between the parties. Each party shall alternately strike a name until one name remainsbear the cost of its own representative(s), and witnesses as needed. The remaining panel member Release time 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 granted for the time during which they are grievant(s), Association representatives, and witnesses as needed at to attend the hearing. All other expenses No more than two teachers shall be borne by the party incurring themreleased on any one day. D. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted. 10.3.4.2 The arbitrator shall establish as early a hearing date as is practical. A date for be subject to 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 arbitratorfollowing limitations. E. 10.3.4.2.1 The arbitrator will be without authority to make decisions which require the commission of an act prohibited by law or which is in violation of the terms of this agreement. 10.3.4.2.2 The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement between the District and the Associationagreement. If the arbitrator’s findings and conclusions establish that a monetary award is necessary The arbitrator shall also be limited to enforce fashioning remedies only within the terms of the Agreement so as to fully remedy the wrong to the grievant, such an award shall be madethis agreement. F. 10.3.4.2.3 The decision of the impartial arbitrator shall be final and binding have no power to the partiesestablish salary structures or salary schedules. G. Either party may request a certified court reporter 10.3.4.2.4 The arbitrator shall have no power to record validate or invalidate the entire arbitration hearing. The cost content of the services of such court reporter shall be paid by the party requesting the reporter classroom observation documentation or shared by the parties if they mutually agree. If the arbitrator requests a court reporter, the costs shall be shared by both partiesperformance evaluations. H. 10.3.4.2.5 The hearing need not be conducted in accordance with technical rules relating arbitrator shall have no power to evidence establish or recommend any financial award except for back pay. General and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but punitive damages shall not be sufficient awarded in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidencecase.

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 X. Xxxxxx 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. Any relevant evidence may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Arbitrator shall not be invalidated by any informality in the proceedings, and the Arbitrator shall not be bound by technical rules of evidence.