Common use of Level IV Formal—Advisory Arbitration Clause in Contracts

Level IV Formal—Advisory Arbitration. 6.3.4.1 The district grievance officer shall, within ten (10) days after receipt of the written appeal, submit a request for the immediate services of an advisory arbitrator to the California State Mediation and Conciliation Service. 6.3.4.2 The grievant and the District shall attempt to agree upon an advisory arbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances regarding community colleges. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the advisory arbitrator. The order of striking shall initially be determined by lot. For each subsequent instance thereafter the parties shall alternate striking first. If the arbitrator will not be available within ninety (90) days, the parties may agree to secure another list and repeat the selection. 6.3.4.3 The arbitrator will hold an arbitration hearing and issue an advisory decision. The arbitrator shall not have the authority to delete, add to, or otherwise modify the provisions of this Agreement. The arbitrator’s authority shall be limited to deciding whether the District has violated, misinterpreted, or misapplied the referred to express provision of this Agreement, and such decision shall not imply obligations and conditions to restrict the District in its administration of the terms of this Agreement, it being understood that any matter not specifically set forth herein remains within the management rights of the District. 6.3.4.4 The arbitrator’s decision shall clearly indicate whether it is primarily in favor of the grievant, the District, or neither (50-50 split). 6.3.4.5 If the grievant is not satisfied at Level IV, the grievant may within fifteen (15) days appeal the decision on the appropriate grievance form to the Board of Trustees for review. The form must be submitted to the designated district grievance officer. The grievant may also request a hearing. Said hearing shall be requested at the time the appeal is filed. Said hearing shall be conducted by the member(s) of the Board of Trustees as designated by the Board of Trustees President. The parties agree that Level V of this grievance procedure may be waived by mutual agreement of the grievant and the District.

Level IV Formal—Advisory Arbitration. 6.3.4.1 The district grievance officer shall, within ten (10) business days after receipt of the written appeal, submit a request for the immediate services of an advisory arbitrator to the California State Mediation and Conciliation Service. 6.3.4.2 The grievant and the District shall attempt to agree upon an advisory arbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service to supply a panel of five (5) business days names of persons experienced in hearing grievances regarding community colleges. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the advisory arbitrator. The order of striking shall initially be determined by lot. For each subsequent instance thereafter the parties shall alternate striking first. If the arbitrator will not be available within ninety (90) business days, the parties may agree to secure another list and repeat the selection. 6.3.4.3 The arbitrator will hold an arbitration hearing and issue an advisory decision. The arbitrator shall not have the authority to delete, add to, or otherwise modify the provisions of this Agreement. The arbitrator’s authority shall be limited to deciding whether the District has violated, misinterpreted, or misapplied the referred to express provision of this Agreement, and such decision shall not imply obligations and conditions to restrict the District in its administration of the terms of this Agreement, it being understood that any matter not specifically set forth herein remains within the management rights of the District. 6.3.4.4 The arbitrator’s decision shall clearly indicate whether it is primarily in favor of the grievant, the District, or neither (50-50 split). 6.3.4.5 If the grievant is not satisfied at Level IV, the grievant may within fifteen (15) business days appeal the decision on the appropriate grievance form to the Board of Trustees ofTrustees for review. The form must be submitted to the designated district grievance officer. The grievant may also request a hearing. Said hearing shall be requested at the time the appeal is filed. Said hearing shall be conducted by the member(s) of the Board of Trustees as designated by the Board of Trustees President. The parties agree that Level V of this grievance procedure may be waived by waivedby mutual agreement of the grievant and the District.

Level IV Formal—Advisory Arbitration. 6.3.4.1 The district grievance officer shall, within ten (10) business days after receipt of the written appeal, submit a request for the immediate services of an advisory arbitrator to the California State Mediation and Conciliation Service. 6.3.4.2 The grievant and the District shall attempt to agree upon an advisory arbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliation Service to supply a panel of five (5) business days names of persons experienced in hearing grievances regarding community colleges. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the advisory arbitrator. The order of striking shall initially be determined by lot. For each subsequent instance thereafter the parties shall alternate striking first. If the arbitrator will not be available within ninety (90) business days, the parties may agree to secure another list and repeat the selection. 6.3.4.3 The arbitrator will hold an arbitration hearing and issue an advisory decision. The arbitrator shall not have the authority to delete, add to, or otherwise modify the provisions of this Agreement. The arbitrator’s authority shall be limited to deciding whether the District has violated, misinterpreted, or misapplied the referred to express provision of this Agreement, and such decision shall not imply obligations and conditions to restrict the District in its administration of the terms of this Agreement, it being understood that any matter not specifically set forth herein remains within the management rights of the District. 6.3.4.4 The arbitrator’s decision shall clearly indicate whether it is primarily in favor of the grievant, the District, or neither (50-50 split). 6.3.4.5 If the grievant is not satisfied at Level IV, the grievant may within fifteen (15) business days appeal the decision on the appropriate grievance form to the Board of Trustees ofTrustees for review. The form must be submitted to the designated district grievance officer. The grievant may also request a hearing. Said hearing shall be requested at the time the appeal is filed. Said hearing shall be conducted by the member(s) of the Board of Trustees as designated by the Board of Trustees President. The parties agree that Level V of this grievance procedure may be waived by mutual agreement of the grievant and the District.