Common use of Step Four - Arbitration Clause in Contracts

Step Four - Arbitration. 6.3.5.1 If the grievant is not satisfied with the disposition of the grievance at Step Three, or if no response has been rendered by the Superintendent/Designee within the time limits specified for the response at Step Three, above, and the grievant wishes to pursue the grievance, the Union may request in writing that the grievance be submitted to arbitration. The Union has until ten (10) days following the last day on which the response at Step Three is due to request in writing that the grievance be submitted to arbitration by filing the request with the Superintendent/Designee; otherwise, arbitration is deemed waived. Within five (5) days of receipt of the written request for arbitration the parties shall attempt to select a mutually agreeable Arbitrator. If the parties are unable to mutually agree they shall request the California Mediation and Conciliation Service to provide a list containing the names of five (5) arbitrators who are experienced in public school arbitration. Within five (5) days after receipt of the list, the District and the Union shall alternately strike a name from the list of Arbitrators, until one (1) name remains. The order of striking shall be determined by lot. The Union and the District may mutually agree to utilize expedited procedures. The fees and expenses of the Arbitrator and the cost of the hearing shall be borne equally by the District and the Union. All other costs will be borne by the party incurring them. The Arbitrator will have no power to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations and procedures of the District. After the Arbitrator has afforded an opportunity for hearing, the Arbitrator shall render a written decision setting forth findings of fact, reasoning and conclusions on the issue(s) submitted and the award. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The Arbitrator shall have no power to make any monetary award whatsoever except for violations of the Agreement involving wages, holidays, vacation, and leaves. The Arbitrator shall have no power to make any award of punitive damages or any other award made for the sake of example. 6.3.5.2 Either party may appeal the Arbitrator's decision and award to a court of competent jurisdiction. The court shall exercise its independent judgment on the merits of the Arbitrator's decision and award on all issues of fact and law, including interpretation of the Agreement. Unless the Arbitrator's decision and award is appealed to the courts, the decision and award shall be final and binding upon the parties. To be timely, an appeal must be served and filed with the court within ninety (90) days of the date of the opinion and award. If the Arbitrator temporarily retains jurisdiction over the matter, to be timely an appeal must be filed within ninety (90) days after the date the Arbitrator's jurisdiction expires.

Step Four - Arbitration. 6.3.5.1 4.3.5.1 If the grievant is not satisfied with the disposition of the grievance at Step Three, Three or if no response has been rendered by the Superintendent/Designee within the time limits specified for the response at Step Three, above, and the grievant wishes Wishes to pursue the grievance, the Union may request in writing that the grievance be submitted to arbitration. The Union has until To be timely, the Union's request for arbitration must be filed with the Superintendent/Designee by the earlier of (a) ten (10) days following the last day on which the response at Step Three is due to request in writing that or (b) the grievance be submitted to arbitration by filing date of the request with the Superintendent/Designeeresponse at Step Three; otherwise, otherwise arbitration is deemed waived. Within five (5) days of receipt of the written request for arbitration arbitration, the parties shall attempt to select a mutually agreeable ArbitratorArbitrator either from a list to be developed by the parties or developed by PERB. If the parties are unable to mutually agree they shall request the California Mediation and Conciliation Service to provide a list containing the names of five (5) arbitrators Arbitrators who are experienced in public school arbitration. Within five (5) days after receipt of the list, the District and the Union shall alternately strike a name from the list of Arbitrators, Arbitrators until only one (1) name remains. The order of striking shall be determined by a lot. The Arbitrator shall proceed under the Voluntary Arbitration Rules of the American Arbitration Association. The Union and the District may mutually agree to utilize expedited procedures. The fees and expenses of the Arbitrator and the cost of the hearing shall be borne equally by the District and the Union. All other costs will be borne by the party incurring them. The Arbitrator will have no power to add to, subtract from from, or modify the terms of this Agreement or the written policies, rules, regulations regulations, and procedures of the District. After the Arbitrator has afforded an opportunity for hearing, the Arbitrator shall render a written decision setting forth findings of fact, reasoning reasoning, and conclusions on the issue(s) submitted and the award. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The Arbitrator shall have no power to make any monetary award whatsoever except for violations in cases in which the Arbitrator finds a violation of the Agreement involving wages, holidays, vacation, and leaves. The Arbitrator shall have no power to make any award of punitive damages or any other award made for the sake of example. 6.3.5.2 4.3.5.2 Either party may appeal the Arbitrator's decision and award to a court of competent jurisdiction. The court shall exercise its independent judgment on the merits of the Arbitrator's decision and award on all issues of fact and law, including interpretation of the Agreement. Unless the Arbitrator's decision and award is appealed to the courts, the decision and award shall be final and binding upon the parties. To be timely, an appeal must be served and filed flied with the court within ninety (90) days of the date of the opinion and award. If the Arbitrator has temporarily retains retained jurisdiction over the matter, to be timely an appeal must be served and filed within ninety (90) days after the date the Arbitrator's jurisdiction expires.