Common use of Level V: Binding Arbitration Clause in Contracts

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 arbitrator shall be shared equally by the District and the Association. 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 services of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they mutually agree. If the arbitrator requests a court reporter, the costs shall be shared 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 '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 arbitratorhim/her. 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 his/her 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 arbitrator shall be shared equally by the District and the Association. 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 services of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they mutually agree. If the arbitrator requests a court reporter, the costs shall be shared 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 arbitratorarbitratorhim/her. 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 his/her 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 arbitrator shall be shared equally by the District and the Association. 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 services of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they mutually agree. If the arbitrator requests a court reporter, the costs shall be shared by both parties.