Step Five: Binding Arbitration. If the grievance is not satisfactorily adjusted at Step Four the grievant within ten (10) days of the conclusion of Step Four (or receipt of the response of the Board or of the failure of the Board to respond may request in writing of that the Association submit the grievance to arbitration.
(a) The Association, by written notice to the Superintendent or designee within ten (10) days of the above request of the grievant, shall request submission of the grievance for arbitration.
(b) The Association and the District may by mutual agreement select an arbitrator. If no agreement can be reached within five (5) days of the above request of the Association, the parties shall request the California State Conciliation Service 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 order striking shall be determined by lot.
(c) In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues(s) by discussion with the parties and by referring to the written grievance and the answers thereto at each step. It is agreed and understood that neither party may raise a new issue which was not discussed in previous levels.
(d) If any question arises regarding the arbitrability of a grievance, the arbitrator shall make a determination on this issue prior to hearing the merits of the grievance, unless the arbitrator determines otherwise.
(e) After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit his/her findings and award to both parties.
(f) The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision on issues(s) not before the arbitrator. The authority of the arbitrator to award back pay shall be limited to thirty (30) days prior to the filing of the grievance. The arbitrator shall also be without power or authority to make any decision which requires the commission of an act prohibited by law.
(g) The decision of the arbitrator shall be final and binding, subject to established right of judicial appeal.
(h) The fees and expenses of the arbitrator shall be borne equally by the District and the Association. Concerning transcripts, the co...
Step Five: Binding Arbitration a. If the grievant is not satisfied with the Board’s decision, the Union shall determine whether to refer the grievance to an arbitrator. If the Union decides to refer the grievance to an arbitrator, the Union shall give written notice to the President of the Board, with copies distributed to the Superintendent and Treasurer of the Board. The written notice shall be submitted within thirty (30) calendar days after the Board’s decision under Step Four.
b. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) of seven (7) arbitrators. Either party can request a second list. Selection shall be by alternate strike. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision of the arbitrator shall be binding on both the Board and the Union as to a grievance involving a provision of this Agreement.
c. The arbitrator shall have the right and authority to interpret the provisions of the Contract, but the arbitrator shall not have authority to add to, subtract from, modify, change or alter the Contract. The arbitrator shall confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching determination or to exceed the remedy demand.
Step Five: Binding Arbitration. If the grievance is not settled in accordance with the foregoing procedure and only if it involves a claim that the City has violated this Agreement, the Union or the City may refer the grievance to binding arbitration within fifteen (15) calendar days after receipt of the City Manager’s answer in Step 4. All arbitration shall be conducted pursuant to the procedure and rules and be conducted by the Federal Mediation and Conciliation Service. The Union shall provide the City Manager with copies of any request for arbitration filed. All arbitration hearings shall be held in Riverside, Ohio unless the parties mutually agree otherwise. The arbitrator shall act in a judicial, not legislative capacity and shall have no right to amend, modify, nullify, ignore, add or to subtract from the provisions of this agreement. He shall only consider and make a decision with respect to the specific issue submitted, and shall have no authority to make a decision on any other issue not so submitted to him. In the event the arbitrator finds a violation of the terms of this Agreement, he shall fashion an appropriate remedy. The arbitrator shall submit in writing his decision within thirty (30) calendar days following the closing of the hearing. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final and binding. The fee and expenses of the arbitrator shall be divided equally between the City and the Union provided, however, that each party shall be responsible for compensating its own representatives and non-employee witnesses. Two or more grievances may not be jointed or consolidated for hearing by an arbitrator except upon agreement of both parties. The parties may by mutual agreement waive any steps or any of the time limits of this Article. The City is authorized to pay grievance settlements.
Step Five: Binding Arbitration. (written)
Step Five: Binding Arbitration. If an agreement has not been reached at Step Four, the Union Business Agent may demand that the grievance be submitted to a mutually agreeable arbitrator. The demand for arbitration must be submitted, in writing, to the Assistant Vice President for Human Resources within thirty calendar days from the conclusion of the meeting at Step Four (Conciliation).
Step Five: Binding Arbitration. A. If the grievant is not satisfied with the action taken by the Superintendent in Step 4, the grievant may submit the grievance to arbitration within ten
Step Five: Binding Arbitration. If the grievance remains unresolved, the Union shall have fifteen work days (15) to appeal the grievance to arbitration from the date of the last written final response from the Employer, or from the date on which the grievance is deemed denied, by making written notification to the Employer and a simultaneous written request for arbitration to the American Arbitration Association (“AAA”). The arbitrator shall be selected and the arbitration conducted pursuant to the AAA Labor Arbitration Rules.
Step Five: Binding Arbitration. If the decision of the Fact Finding Panel at Step Four is appealed, the PARTIES WILL SELECT, FROM A LIST OF SEVEN (7) Administrative Law Judges, provided by the Office of Administrative Hearings, and Administrative Law Judge who shall conduct a hearing to hear arguments on the case from the parties to the grievance. The decision of the Administrative Law Judge shall be final. This shall be the final step of the grievance procedure. The cost of the hearing will be shared equally by CSEA and the District. CSEA members must receive permission from the Association prior to beginning Arbitration proceedings. Nothing in this section will deny the right of a CSEA member to petition the Board to hear the grievance, in lieu of the binding arbitration process.
Step Five: Binding Arbitration. If the decision of the Fact Finding Panel at Step Four is appealed, the PARTIES WILL SELECT, FROM A LIST OF SEVEN (7) Administrative Law Judges, provided by the Office of Administrative Hearings, and Administrative Law Judge who shall conduct a hearing to hear arguments on the case from the parties to the grievance. The decision of the Administrative Law Judge shall be final. This shall be the final step of the grievance procedure. The cost of the hearing will be shared equally by CSEA and the District. CSEA and the District agree to reopen the cost sharing of Arbitration here for consideration during successor negotiations for 2016-2019. CSEA members must receive permission from the Association prior to beginning Arbitration proceedings. Nothing in this section will deny the right of a CSEA member to petition the Board to hear the grievance, in lieu of the binding arbitration process.
Step Five: Binding Arbitration. A. A grievance unresolved by mediation, or not resolved to the satisfaction of the Union, may be submitted to final and binding arbitration by the Union by submitting a letter within 14 days to the City Manager requesting that the grievance be submitted to final and binding arbitration. The Union waives the right to proceed if the request is not submitted by this deadline. The grievance submitted to final and binding arbitration shall be limited to the grievance originally filed at the first step, except as amended by mutual agreement.
B. If the City’s representative and the employee or their representative are not able to mutually agree on an arbitrator, the parties shall jointly request a nine (9) person list of available arbitrators from the California State Mediation and Conciliation Service. The parties shall determine by lot which party shall proceed first and through alternate striking of names, shall mutually select the remaining unstruck name as the arbitrator.
C. Costs of the arbitrator shall be shared equally, 50/50 by the City and the Union.
D. The arbitrator may interpret the MOU, but shall have no power to alter, amend, change, add to, or subtract from any of the terms of the MOU, but shall determine only whether or not there has been a violation of the MOU and if so, what the remedy is. The decision and/or award of the arbitrator shall be based solely upon the evidence and arguments presented by the respective parties. The City and Union also agree that employee suspension and discharge matters are governed by this final and binding arbitration procedure. Any arbitration with respect to the exercise of a right to suspend or discharge shall be limited to the question of whether or not there was just cause for suspension or discharge and if so, what the appropriate remedy is. The arbitrator shall have no power to award emotional distress or punitive damages.
E. If the City claims before the arbitrator that a particular alleged grievance fails to meet the tests of arbitrability as set forth in this MOU, the arbitrator shall proceed to decide such issue before hearing of the case upon its merits. The arbitrator shall have the authority to determine whether or not to hear the case on its merits at the same hearing in which the jurisdictional questions are presented. In any case where the arbitrator determines that such grievance fails to meet said test of arbitrability, he/she shall refer the case to the City Manager without a decision or recomme...
