Common use of Level V - Arbitration Clause in Contracts

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. 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 18.4.5.1 Within ten (10) days after receipt of the Association’s written requestappeal, the parties District and Association shall attempt to agree on upon an arbitrator to hear the grievancearbitrator. If no agreement is reached within said ten (10) day periodreached, the parties shall jointly request a list of arbitrators from the California State Mediation and Conciliation Service to supply a Service. The selection of the arbitrator shall be made by alternately striking names from such 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 party who strikes the striking first name shall be determined by lot. 11.3.5.3 In each dispute, 18.4.5.2 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 18.4.5.3 The arbitrator shall, as soon as possible, hear evidence and render a written decision on the issue(s) issue or issues submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) issues by referring to the written grievance and the answers thereto at each step. . 18.4.5.4 The arbitrator will 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. 18.4.5.5 The arbitrator may hear and determine only one grievance at a time unless both parties mutually agree to consolidate similar grievances. 18.4.5.6 If any question question(s) arises as to the arbitrabilty arbitrability of the grievance, such question(s) shall be first decided by the arbitrator shall rule on this issue prior to in a separate hearing before consideration of the merits, unless he/she rules otherwisemerits of the grievance. 11.3.5.4 18.4.5.7 After the a hearing and after both parties have been given had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his 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 recommendations which 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.