Common use of Section 11.2.7 Clause in Contracts

Section 11.2.7. 2 If a grievance is not satisfactorily resolved at Step 3 of this Agreement, the Association or the 3 District may require binding arbitration under the voluntary rules of labor arbitration. If the 4 Association or the District determines to seek binding arbitration, it shall within ten (10) 5 working days after receiving the written response of Step 3 submit a request for a list of at least 6 seven (7) arbitrators from the American Arbitration Association. Unless other arrangements 7 are agreed to between the Association and the District, parties will determine the arbitrator from this 8 list by alternately striking names from the list. The selected arbitrator will issue his/her decision 9 within thirty (30) days from the date of the close of the hearing, or from the 10 date the final statements are submitted. The arbitrator's decision will be in writing and will set forth 11 the finding of fact, reasoning and conclusions. The arbitrator will be without power or 12 authority to make any decision which is outside of this Agreement. 14 The decision of the arbitrator will be submitted to the Superintendent and the Association, and will 15 be final and binding upon both parties; provided, however, that the arbitrator's decision is not 16 clearly erroneous, arbitrary and capricious, and is not in violation of state and federal law or the 17 Constitution. 19 The cost of the arbitrator will be borne equally by the District and the Association. All other 20 expenses shall be borne by the party incurring them, and neither party shall be responsible for the 21 expenses of witnesses called by the other.

Section 11.2.7. 2 13 If a grievance is not satisfactorily resolved at Step 3 of this Agreement, the Association or the 3 14 District may require binding arbitration under the voluntary rules of labor arbitration. If the 4 15 Association or the District determines to seek binding arbitration, it shall within ten (10) 5 16 working days after receiving the written response of Step 3 submit a request for a list of at least 6 17 seven (7) arbitrators from the American Arbitration Association. Unless other arrangements 7 18 are agreed to between the Association and the District, parties will determine the arbitrator 19 from this 8 list by alternately striking names from the list. The selected arbitrator will issue 20 his/her decision 9 within thirty (30) days from the date of the close of the hearing, or from the 10 21 date the final statements are submitted. The arbitrator's decision will be in writing and will set 22 forth 11 the finding of fact, reasoning and conclusions. The arbitrator will be without power or 12 23 authority to make any decision which is outside of this Agreement. 14 25 The decision of the arbitrator will be submitted to the Superintendent Board and the Association, and will 15 be 26 final and binding upon both parties; provided, however, that the arbitrator's decision is not 16 27 clearly erroneous, arbitrary and capricious, and is not in violation of state and federal law or the 17 28 Constitution. 19 30 The cost of the arbitrator will be borne equally by the District Board and the Association. All other 20 31 expenses shall be borne by the party incurring them, and neither party shall be responsible for 32 the 21 expenses of witnesses called by the other.

Section 11.2.7. 2 41 If a grievance is not satisfactorily resolved at Step 3 of this Agreement, the Association or the 3 42 District may require binding arbitration under the voluntary rules of labor arbitration. If the 4 43 Association or the District determines to seek binding arbitration, it shall within ten twenty (1020) 5 44 working days after receiving the written response of Step 3 submit a request for a list of at least 6 45 seven (7) arbitrators from the American Arbitration Association. Unless other arrangements 7 are 46 agreed to between the Association and the District, parties will determine the arbitrator from this 8 list 47 by alternately striking names from the list. The selected arbitrator will issue his/her their decision 9 within 1 thirty (30) days from the date of the close of the hearing, or from the 10 date the final statements are 2 submitted. The arbitrator's decision will be in writing and will set forth 11 the finding of fact, reasoning 3 and conclusions. The arbitrator will be without power or 12 authority to make any decision which is 4 outside of this Agreement. 14 The decision of the arbitrator will be submitted to the Superintendent 5 and the Association, Association and will 15 be final and binding upon both parties; provided, however, that the 6 arbitrator's decision is not 16 clearly erroneous, arbitrary and capricious, and is not in violation of state State 7 and federal Federal law or the 17 Constitution. 19 The cost of the arbitrator will be borne equally by the District 8 and the Association. All other 20 expenses shall be borne by the party incurring them, and neither party 9 shall be responsible for the 21 expenses of witnesses called by the other.