Level V - Arbitration a. If the Grievant is not satisfied with the disposition of the grievance at Level IV, the Grievant may, within ten (10) days of the last meeting with the mediator, or within ten (10) days of the expiration of the timeline in Level IV above, submit a request to the Association Grievance Chairperson, requesting that the Association submit the grievance to arbitration. If the Association Grievance Committee approves the request, the Association shall submit the grievance to arbitration by giving written notice to the Superintendent’s Office within fifteen (15) days after the date the request is made of the Association by the Grievant.
b. Within ten (10) days after such written notices of submission to arbitration, the Superintendent’s Office and the Association shall request jointly the State Conciliation Services to supply a panel of five (5) 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.
c. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Grievant. All other expenses shall be borne by the party incurring them.
d. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. The arbitrator shall 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.
e. The arbitrator shall have no power to award punitive damages, make class action awards, except where the class is properly identified at Level I of the procedure, or make money damage awards effective any date earlier than up to one year prior to the date the grievance was filed, except as provided by law.
f. The arbitrator shall 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.
g. Issues arising out of the exercise by the Board and administration of its responsibilities under Article IV (District Rights) of this Agreement, including the facts underlying its exercise of such discretion, shall not be subject to this arbitration procedure.
h. After a hearing and after both parties have had an opportunity to make written argume...
Level V - Arbitration. 11.3.5.1 If the grievant is not resolved at Level IV, the Association may within ten (10) days submit a written request to the Superintendent or designee 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 arbitrabilty 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 by applicable law.
11.3.5.6 Any costs of a hearing room and the fees and expenses of the arbitrator shall be borne equally buy both parties. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested 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, unless appealed to the next level. If the decision is not so appealed, it shall be subject to appropriate judicial review.
Level V - Arbitration. A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association.
B. The arbitrator shall be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association.
C. The cost of any arbitration proceeding shall be divided equally between the City and whoever has filed for arbitration.
D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. Any cancellation or postponement fee shall be borne by the responsible party.
E. A final decision of award of the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council. Either party shall be given the opportunity to submit their arguments before the City Council with regard to the Arbitrator's "Findings of Fact," prior to such approval.
F. The cost of the arbitration, including advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, however, shall be borne by the party who calls them.
G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this MOU, City Rule, Regulation, written policy regarding hours, wages and conditions of employment.
H. If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
Level V - Arbitration. Within ten (10) University working days following receipt of the Level IV written response, the CSU-AAUP may proceed to arbitration by requesting, in writing, a panel of no fewer than fifteen
Level V - Arbitration. A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association.
B. The arbitrator shall be selected by mutual agreement in both parties.
C. The cost of any arbitration proceeding shall be divided equally between the City and the employee or the employee organization to which he/she may belong.
X. Xxxxxxx on the part of the City representative or grievant to appear in any case before the arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration.
E. A final decision of award of the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council.
F. The cost of the arbitration, including advocate, court reporter, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, other than City employees, however, shall be borne by the party who calls them.
G. If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
Level V - Arbitration. If the grievance consists of a claim that the agreement between the Association and the District has been violated, misinterpreted, misapplied, or applied unfairly, then the Association may have the matter submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association which shall act as the administrator of the proceeding. The cost of such arbitration shall be divided equally between the District and the Association. If the Superintendent does not receive a demand for arbitration within fifteen (15) days of the receipt of the written response required in Level IV then the grievance shall be deemed withdrawn. If arbitration is required no new evidence may be submitted to the arbitrator that has not been previously disclosed. The arbitrator shall have no power to alter the term of any agreement between the Association and the Board. The arbitrator shall, however, be empowered to include in any award such financial reimbursements or other remedies, as the arbitrator shall judge proper.
Level V - Arbitration. If the grievant is not satisfied with the Board of Education's decision, he/she shall be allowed ten (10) days to file a written appeal with the Board. Arrangements shall be made between the Board and the Association to select an arbitrator within ten (10) days of receipt of the appeal. The Arbitrator shall be selected using the Voluntary Labor Arbitration rules of the American Arbitration Association. Meetings shall be in private. When possible, meetings shall not be held during school hours or times which interfere with the teachers' professional and contractual duties. If held during the work day, Article 13 shall govern released time. Final resolution shall be rendered in writing as soon as possible by the Arbitrator and that decision shall be binding to both the Board and the grievant. The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any terms of this Agreement, nor shall he/she make any decisions contrary to law. He/she shall not imply obligations and conditions binding upon the parties from this Agreement except as set forth herein. The Arbitrator may rule on procedure related to teacher evaluation but shall not substitute his/her judgment for that of the evaluation. The powers of the Arbitrator related to transfer and assignment of any teacher shall be limited to ruling on questions of procedure. In the event that a case is submitted to an Arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. The cost of the Arbitrator shall be shared equally by both parties.
Level V - Arbitration. A. Unless the specific language of the Agreement is in conflict, the arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.
B. The arbitrator will be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable body.
C. The cost of any arbitration proceeding will be divided equally between the two parties.
X. Xxxxxxx on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear.
E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the approval of the City Council. Either party will be given the opportunity to submit their arguments before the City Council with regard to the Arbitrators “Finding of Facts,” prior to such approval.
F. Expenses for witnesses will be borne by the party who calls them.
G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this Agreement, City Rule, Regulation or policy regarding working conditions.
H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
Level V - Arbitration. If the grievant is not satisfied with the decision rendered at Level IV, the grievant may, through the CSEA, request that the grievance be arbitrated. Such written request shall be filed in the Office of the Vice Chancellor, Human Resources within ten (10) working days after receipt of the written decision at Level IV, The CSEA shall retain the right to determine which grievances may proceed to arbitration.
Level V - Arbitration. (a) If the grievant and the Association are not satisfied with the results of Level IV, the Association may within ten (10) working days of receipt of such written response make appeal for arbitration. Arbitration shall be initiated through the American Arbitration Association, according to its voluntary rules and regulations. Both parties can reject one list and request another. The arbitrator shall hold a hearing to make a fair and impartial ruling on the grievance as stated. The arbitrator shall send the ruling in writing to the grievant, Superintendent, President of the Association, and the Board. The ruling, within the arbitrator's jurisdiction, shall be final and binding to both parties. Cost of the arbitrator shall be divided equally between the Association and the Board.
(b) This grievance and binding arbitration procedure is the sole and exclusive remedy for an alleged violation of any provision of this Agreement.
