Common use of Level V - Arbitration Clause in Contracts

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 arguments, the arbitrator shall submit in writing to all parties his findings and recommendations and shall set forth the arbitrator’s reasoning and conclusions on the issues submitted. i. The arbitrator’s decision is final and binding except that the arbitrator’s award must be supported by the preponderance of the evidence and in conformance with law. Such awards are specifically reviewable by the Superior Court pursuant to the processes and procedures set forth under the California Code of Civil Procedure.

Level V - Arbitration. a. If In the Grievant event the grievance is not satisfied with resolved to the disposition of grievant's satisfaction at Level III and the grievance at Level IVhas not been settled in mediation, the Grievant maygrievant shall, within ten (10) days of the last meeting with the mediatorLevel III decision, or if applicable within ten (10) days of the expiration close of the timeline in Level IV abovemediation, submit a signed written request to the Association Grievance Chairperson, requesting that the Association it submit the grievance to arbitration. If The Association shall, if it desires to proceed to arbitration, so advise the Association Grievance Committee approves the request, the Association shall submit the grievance to arbitration by giving written notice to the Superintendent’s Office Superintendent in writing within fifteen (15) days after the date the request is made receipt of the request. If the Association by is the Grievant. b. Within grievant, it must advise the Superintendent in writing within fifteen (15) days after receipt of the Level III decision, or if applicable within ten (10) days after such written notices of submission the close of mediation. The Association and the District shall first attempt to arbitrationagree upon an arbitrator. If no agreement can be reached, the Superintendent’s Office and the Association grievant shall request jointly the State Conciliation Services American Arbitration Association to supply a panel list of five (5) names of persons experienced in hearing grievances in public schoolsarbitrators. Each party shall alternately strike a name until only one name remains. The remaining panel member remains which shall then be the arbitrator. The order of the striking shall be determined by lot. c. . If the parties are unable to determine the order from the previous grievance, the grievant shall strike the first name from the list. The arbitrator, as soon as possible, shall hear evidence and render a decision on the issue(s) submitted. If the parties cannot agree on the issue(s) before the arbitrator, the arbitrator shall determine the issues by referring to the written grievance, the answers thereto at each step and the Agreement. The hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. Within forty-five (45) days of the close of the hearing, the arbitrator shall submit his or her decision in writing. The decision will set forth the arbitrator's findings, reasoning and conclusions on the issue(s) submitted. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement. The decision will be based solely on the Agreement and the evidence and arguments presented at the hearing. The arbitrator's decision shall be final and binding. The arbitrator is empowered to include in the decision any award determined to be appropriate, including financial reimbursement, except that no punitive damages may be awarded. Interest may also be awarded in accordance with the California Code of Civil Procedure. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the GrievantAssociation. 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 arguments, the arbitrator shall submit in writing to all parties his findings and recommendations and shall set forth the arbitrator’s reasoning and conclusions on the issues submitted. i. The arbitrator’s decision is final and binding except that the arbitrator’s award must be supported by the preponderance of the evidence and in conformance with law. Such awards are specifically reviewable by the Superior Court pursuant to the processes and procedures set forth under the California Code of Civil Procedure.

Level V - Arbitration. a. 15.3.5.1 If the Grievant grievant is not satisfied with the disposition of the grievance decision at Level IV, the Grievant may, grievant may within ten five (105) days of the last meeting with the mediator, or within ten (10) days receipt of the expiration of the timeline in Level IV above, decision submit a request in writing to the Association Grievance Chairperson, requesting that Union for arbitration of the Association submit the grievance to arbitrationdispute. 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 Within fifteen (15) days after the date the request is made of the Association by grievant’s receipt of the Grievant. b. Within ten (10) days after such written notices of submission to arbitrationdecision at Level IV, the Superintendent’s Office Union shall inform the City of its intent as to whether or not the grievance will be arbitrated. The Union and the Association City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request jointly that the State Conciliation Services to Service supply a panel of five (5) names of persons experienced in hearing grievances in public schoolsinvolving City workers. Each party shall alternately strike a name until only one one (1) 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 15.3.5.2 If either the City or the Union 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 and the hearing shall be borne equally by the District and the Grievant. All other expenses shall be borne by the party incurring themas set forth in 15.3.5.1. d. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. 15.3.5.3 The arbitrator shall 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. e. 15.3.5.4 The City and the Union 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 Memorandum at issue between the parties. 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 authority to add to, subtract from, alter, amend, or modify any provisions of this Memorandum or impose any limitations or obligations not specifically provided for under the terms of this Agreement Memorandum. The arbitrator shall be without power or authority to make any decision that requires the City or the written policies, rules, regulations, and procedures of the Districtadministration to do an act prohibited by law. 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. 15.3.5.5 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 his/her findings and recommendations and shall set forth the arbitrator’s reasoning and conclusions on the issues submittedaward. i. 15.3.5.6 The arbitrator’s decision is arbitrator shall make a final and binding except that determination. 15.3.5.7 The fees and expenses of the arbitrator’s award must arbitrator shall be supported shared equally by the preponderance City and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the 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 evidence and in conformance with law. Such awards are specifically reviewable services of such court reporter shall be paid by the Superior Court pursuant to party requesting the processes and procedures set forth under reporter or shared by the California Code of Civil Procedureparties if they both mutually agree. If the arbitrator requests a court reporter, then the costs shall be shared by both parties.