Level V: Binding Arbitration. 10.3.5.1 If the aggrieved party is not satisfied with the decision at the previous levels, within ten (10) duty days of receipt of that decision, the grievant may request that the Association proceed to Binding Arbitration. If the Association decides to proceed to arbitration, it shall notify the District in writing, within ten
Level V: Binding Arbitration. If the grievant, or Association in cases when submitted on behalf of a group or the Association, is not satisfied with the decision at Level IV, they or the Association may submit their grievance to arbitration. The District shall, by written notice to the President of the Board of Trustees within 15 days after receipt of the decision at Level IV, submit the grievance to the State Mediation and Conciliation Service or other mutually agreed to agency or binding arbitration. The cost shall equally be split between the District and Association (50%/50%). If any question arises as to the validity of the grievance, such question will be ruled upon by the arbitrator only after they have had an opportunity to hear the merits of the grievance. A list of reputable arbitrators will be provided to the District and the Association for review. The arbitrator selected shall be mutually agreed upon by both parties.
Level V: Binding Arbitration. 24.3.5.1 If the grievant is not satisfied with the decision at Level IV, the grievant may submit a request in writing to the Association for arbitration of the dispute within ten (10) workdays of the receipt of the decision. Within twenty (20) workdays of the grievant’s receipt of the decision at Level IV, the Association shall inform the District of its intent to arbitrate the grievance. The Association and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five names of persons experienced in hearing grievances in community colleges. 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.
24.3.5.2 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 grievance. No hearing on the merits of the grievance will be conducted until the issue of arbitration has been decided. The process to be used in selecting an arbitrator shall be as set forth in Article 24.3.5.1.
24.3.5.3 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to arbitrator. 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.
24.3.5.4 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 have no 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. The arbitrator shall be without power or authority to make any decision that requires the District or the Administration to act in a manner prohibited by law.
24.3.5.5 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties arbitrator’s findings and award.
24.3.5.6 The award of the arbitrator shall be final and binding.
24.3.5.7 The fees and expenses of the ...
Level V: Binding Arbitration. If the grievant is not satisfied with the decision at Level IV (Board of Education), he/she may appeal the grievance to Level V (arbitration) within ten (10) days after receipt of the decision at Level IV. The appeal to arbitration must be signed by the grievant and the Association Representative and filed in the office of the Superintendent within the designated time limits.
Level V: Binding Arbitration. 5.7.1 The Association may submit the matter to arbitration by notifying the District in writing within fifteen (15) work days of the decision at Level III or if no written decision has been rendered within fifteen (15) work days after presentation of the grievance at Level III. The parties shall first attempt to agree upon an arbitrator. Should that not be achieved, the parties shall request a list of seven (7) arbitrators form the State Mediation and Conciliation Service. The Association and the District shall alternately strike one name until the name of a single arbitrator remains. Lots shall be drawn to decide which party strikes first.
5.7.2 The statement to the arbitrator shall include a copy of the original grievance, appeals at each level, decisions rendered at each level, and a clear concise statement of the reasons for the appeal.
5.7.3 The hearing shall be conducted in a timely manner.
5.7.4 The decision of the arbitrator shall be in writing and will set forth her/his findings, reasoning, and conclusions on the issue(s) submitted.
5.7.5 The decision of the arbitrator shall be final and binding.
5.7.6 All costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence expenses, cost of any hearing room, court reporter and transcript costs will be borne equally by the parties to the grievance. The parties shall pay their own costs for representation.
5.7.7 Nothing in the foregoing shall be construed to empower the arbitrator to make any decisions amending, changing, subtracting from, or adding to the provisions of this Agreement, or empower the arbitrator to render any decision or make an adjustment which is contrary to law.
Level V: Binding Arbitration. If the grievant or the District is unwilling to accept the recommended resolution submitted by the mediator under Level IV or the parties do not participate in mediation under Level IV, CSEA may forward a written request for binding arbitration to the State Conciliation Service, with a copy to the Superintendent, within 15 days of the mediation session held pursuant to Level IV or within 15 days after receipt of the Superintendent's decision under Level III if the parties determine not to participate in Level IV procedures.
Level V: Binding Arbitration a. If the Association is not satisfied with the disposition of the grievance at Level IV, it may, within ten (10) days after receipt of the decision, submit the grievance to arbitration and so notify the Board in writing.
b. The Superintendent of Schools and the Association, or their designees, shall within five (5) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within five (5) days, the American Arbitration Association shall be called upon to select an arbitrator in accordance with its Labor Arbitration rules.
c. The arbitrator selected shall confer promptly with the representatives of the Board and the Association to schedule the arbitration hearing.
d. The arbitrator shall, as soon as practicable, render his/her decision in writing to the parties, setting forth his/her findings of fact, reasoning, and conclusions on the issue(s) submitted. The arbitrator’s jurisdiction is limited to interpretation and application of the express terms of this Agreement. The arbitrator shall be without power or authority to make a decision that is violative of the law or the terms of this Agreement. The decision of the arbitrator shall be final and binding on the parties, subject to judicial review as provided by law.
e. The costs of the services of the arbitrator shall be shared equally by the Board and the Association.
Level V: Binding Arbitration. CSEA and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request the California State Mediation and Conciliatory Service (CSMCS) to supply a list 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 striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and CSEA. All other expenses shall be borne by the party incurring them.
Level V: Binding Arbitration. 21.3.5.1 If the grievance is not resolved at Level IV, only the SEIU Local 1021 may, within ten fifteen (150) days, submit the grievance to binding arbitration.
21.3.5.2 The selection of an arbitrator to hear a grievance shall be in accordance with Article 22.7.1 and 22.7.2 of this Agreement.
21.3.5.3 The arbitrator may hear testimony, receive written briefs, interview witnesses and conduct any investigation he/shethey deems appropriate, and shall render an award to the Vice Chancellor of Human Resources and Employee Relations within thirty (30) days, or as soon as practicable. The Vice Chancellor of Human Resources and Employee Relations shall forward the aware to the Board of Trustees at its next regular meeting. The Board of Trustees shall adopt the arbitrator's award.
21.3.5.4 The cost of the arbitrator's recommendation shall be born equally by the District and SEIU Local 1021. Any transcription of the hearing proceedings shall be paid by the party making such a request. The party requesting cancellation of a scheduled hearing shall bear the full cost imposed by the arbitrator.
Level V: Binding Arbitration. Existing contract language remains the same regarding Binding Arbitration.
