Common use of Non-Binding Arbitration Clause in Contracts

Non-Binding Arbitration. 13 1. The impartial arbitrator shall be selected jointly by the Union and the District within ten 14 (10) days of receipt of the written request. In the event that the parties cannot agree, 15 the parties shall request a panel of five (5) names from the California State Conciliation 16 Service, the American Arbitration Association or some-like body. Alternate names shall 17 be stricken until only one name remains. The party to strike first shall be chosen by lot. 18 2. The fees and expenses of the arbitrator, and a court reporter, if required by the 19 arbitrator, shall be shared equally between the District and the Union. Any additional 20 expenses shall be borne by the party incurring such expenses. The fees and expenses of 21 the arbitrator, and court reporter, if required by the arbitrator, shall be paid by the 22 District if the Board of Trustees votes not to accept the recommendation. 23 3. The arbitrator shall have no authority to add to, delete, or alter any provisions of this 24 Agreement, but shall limit his/her decision to the application and interpretation of its 25 provisions. Any financial reimbursement recommended by the arbitrator shall be based 26 on the terms of this Agreement. 27 4. The arbitrator shall rule upon the arbitraribility of issues before hearing the merits of 28 the issues. 29 5. After hearing the evidence, the arbitrator shall submit his/her findings, conclusions, and 30 recommendations in writing to the District, the grievant, and the Union and such 31 recommendations shall be final unless an appeal is made by either party to Step 6-Board 32 of Trustees within ten (10) days. 33 a. Upon agreement of the Union and the District in writing, the entire matter may 34 be submitted to the arbitrator on the record established at Steps 1, 2, 3, and 4. 35 In the event this procedure is followed, the arbitrator shall take no testimony 36 other than that which is already on record and shall render a decision based on 37 the record.

Non-Binding Arbitration. 13 ‌ 4 1. The impartial arbitrator shall be selected jointly by the Union and the District within ten 14 (10) days days‌ 5 of receipt of the written request. In the event that the parties cannot agree, 15 the parties shall 6 request a panel of five (5) names from the California State Conciliation 16 Service, the American 7 Arbitration Association Association, or some-like body. Alternate names shall 17 be stricken until only one name 8 remains. The party to strike first shall be chosen by lot. 18 9 2. The fees and expenses of the arbitrator, and a court reporter, if required by the 19 arbitrator, shall be be‌ 10 shared equally between the District and the Union. Any additional 20 expenses shall be borne by the 11 party incurring such expenses. The fees and expenses of 21 the arbitrator, and court reporter, if 12 required by the arbitrator, shall be paid by the 22 District if the Board of Trustees votes not to accept 13 the recommendation. 23 14 3. The arbitrator shall have no authority to add to, delete, or alter any provisions of this 24 Agreement, Agreement,‌ 15 but shall limit his/her their decision to the application and interpretation of its 25 provisions. Any financial 16 reimbursement recommended by the arbitrator shall be based 26 on the terms of this Agreement. 27 17 4. The arbitrator shall rule upon the arbitraribility of issues before hearing the merits of 28 the issues.issues.‌ 29 18 5. After hearing the evidence, the arbitrator shall submit his/her their findings, conclusions, and 30 and‌ 19 recommendations in writing to the District, the grievant, and the Union and such 31 20 recommendations shall be final unless an appeal is made by either party to Step 6-Board 32 of 21 Trustees within ten (10) days. 33 22 a. Upon agreement of the Union and the District in writing, the entire matter may 34 be submitted 23 to the arbitrator on the record established at Steps 1, 2, 3, and 4. 35 In the event this procedure is 24 followed, the arbitrator shall take no testimony 36 other than that which is already on record and 25 shall render a decision based on 37 the record.