Common use of Option 2 Clause in Contracts

Option 2. Request CSEA to submit the grievance to binding arbitration. If CSEA does not concur with the request for binding arbitration, the grievant may decide on option (3) below. If CSEA concurs with the grievant’s request for binding arbitration, CSEA shall, within thirty (30) days of the decision rendered by the Vice Chancellor of Human Resources or designee pursuant to section 22.8.2, submit a request in writing to the Vice Chancellor of Human Resources or designee for binding arbitration of the dispute and the District shall comply with the request. CSEA and the District shall attempt to agree upon an arbitrator and if no agreement can be reached, the parties shall request the California Mediation/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 striking shall be determined by lot. The Arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. The Arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. The Arbitrator shall be restricted from making a recommendation that is not based on violation or inequitable application of this Agreement. After a hearing and after both parties have had an opportunity to make written arguments, the Arbitrator shall submit a written finding and decision within thirty (30) calendar days. The decision of the Arbitrator is final and binding on all parties.