Common use of Level 4 Binding Arbitration Clause in Contracts

Level 4 Binding Arbitration. If the grievant is not satisfied with the decision or if the Board of Trustees (through the Superintendent) has not responded within the fifteen (15) day time limit, the grievant may, within fifteen (15) days, submit a request on the appropriate form to the Association for binding arbitration of the dispute. The Association will notify the District of its intent to arbitrate (or not arbitrate). Grievances shall be jointly submitted for binding arbitration and conducted according to the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.). Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service. 12.3.4.1 The Association and District shall attempt to agree upon an arbitrator. If no agreement can be reached within ten (10) days from the Association's notification of submission to Arbitration, a joint request shall be made within five (5) days to the State Mediation and Conciliation Service requesting a list of five (5) arbitrators 12.3.4.2 Within five (5) days of the receipt of the list of arbitrators the Association and District shall meet and will alternately strike names until one remains. The remaining name shall be the selected arbitrator. The order of striking shall be determined by lot. 12.3.4.3 The fees and expenses of the arbitrator and/or those ordered by the arbitrator shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 12.3.4.4 The grievant and the Association's representative shall be given release time to present the grievance in the arbitration hearing(s). Member of the Bargaining Unit witnesses shall be provided release time to testify. Repetitive testimony shall be limited to two (2) unit members. 12.3.4.5 Board members may attend arbitration hearings as observers, with notification to the Association prior to the day of the hearing. All arbitration hearings shall be held within the District or at a place selected by mutual agreement. 12.3.4.6 The arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue(s) submitted for arbitration. The arbitration shall not determine any other issue(s). The arbitrator shall have no power or authority to recommend or resolve any of the following: 12.3.4.6.1 The dismissal of a tenured employee. 12.3.4.6.2 The termination of service or failure to reemploy a probationary employee. 12.3.4.6.3 The classification of an employee as probationary. 12.3.4.6.4 The termination of services or failure to reemploy an employee in a position for which extra compensation is received. 12.3.4.6.5 The content of the unit member's evaluation. 12.3.4.6.6 The District's right to promulgate rules, policies or procedures for the implementation of this Agreement. 12.3.4.7 The arbitrator shall be limited as follows: 12.3.4.7.1 Where the District has made a judgment involving the exercise of discretion, the arbitrator shall review such decision solely to determine whether the decision has violated the Agreement and shall not substitute the arbitrator's judgment for that of the District. The intent is not to negate binding arbitration, but rather to force the arbitrator to stick to the Agreement. 12.3.4.7.2 The arbitrator shall not add to, subtract from, amend, modify, or alter any provisions or procedures contained in this Agreement. 12.3.4.7.3 The arbitrator shall not issue statements of opinion or conclusions not essential to the resolution of the grievance issue(s) submitted. 12.3.4.7.4 The arbitrator's award may include financial reimbursement or other proper remedy, except fines, damages, or penalties. 12.3.4.8 The arbitrator's decision shall be in writing and shall set forth precise findings of fact, reasoning, and conclusions on the grievance issues submitted. The decision shall be final and binding on both parties.

Level 4 Binding Arbitration. 18.6.1 If a resolution of the grievant grievance is not satisfied with the decision or if the Board achieved as a result of Trustees ▇▇▇▇▇ ▇, (through the Superintendent) has not responded within the fifteen (15) day time limit▇▇▇▇▇▇▇▇▇), the grievant maymay request LBCCE to submit the grievance on the LBCCE/AFT Grievance Form, Level 4 to binding arbitration. This form shall include the approval of LBCCE to submit the grievance to binding arbitration. LBCCE’s written request for arbitration must be made to the Director of Human Resources within twenty (20) days of the date of the mediation session at Level 3, unless the parties mutually agree in writing to waive ▇▇▇▇▇ ▇, (▇▇▇▇▇▇▇▇▇). If there is a written waiver of ▇▇▇▇▇ ▇, (▇▇▇▇▇▇▇▇▇), the request for Level 4 (Binding Arbitration) must be made within twenty (20) days of the date of the written waiver. 18.6.2 Upon receipt of LBCCE’s request for binding arbitration, the parties shall, within fifteen ten (1510) days, submit a request on the appropriate form to the Association for binding arbitration days after receipt of the disputerequest to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either the LBCCE or the District shall request the State Mediation and Conciliation Service to provide a list of seven (7) arbitrators experienced in hearing grievances pertaining to higher education. Such request shall be made within twenty (20) days after receipt of LBCCE’s request to arbitrate. LBCCE and the District shall select an arbitrator by alternately striking names. The Association will notify the District order of its intent to arbitrate (or not arbitrate). Grievances striking shall be jointly submitted for binding determined by flipping a coin. 18.6.3 The arbitration and shall be conducted according to the provisions of in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.). Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service. 12.3.4.1 The Association and District shall attempt to agree upon an arbitrator. If no agreement can be reached within ten (10) days from the Association's notification of submission to Arbitration, a joint request shall be made within five (5) days to the State Mediation and Conciliation Service requesting a list of five (5) arbitrators 12.3.4.2 Within five (5) days of the receipt of the list of arbitrators the Association and District shall meet and will alternately strike names until one remains. The remaining name shall be the selected arbitrator. The order of striking shall be determined by lot. 12.3.4.3 The fees and expenses of the arbitrator and/or those ordered by the arbitrator shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 12.3.4.4 The grievant and the Association's representative shall be given release time to present the grievance in the arbitration hearing(s). Member of the Bargaining Unit witnesses shall be provided release time to testify. Repetitive testimony shall be limited to two (2) unit members. 12.3.4.5 Board members may attend arbitration hearings as observers, with notification to the Association prior to the day of the hearing. All arbitration hearings shall be held within the District or at a place selected by mutual agreement. 12.3.4.6 The arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue(s) submitted for arbitration. The arbitration shall not determine any other issue(s). The arbitrator shall have no power or authority to recommend or resolve hear evidence and/or rule on any sections of this Agreement that were not present in the original grievance, formal Level 1. The parties shall attempt to agree upon a statement of the following: 12.3.4.6.1 The dismissal of a tenured employee. 12.3.4.6.2 The termination of service or failure issue(s) to reemploy a probationary employee. 12.3.4.6.3 The classification of an employee as probationary. 12.3.4.6.4 The termination of services or failure be submitted to reemploy an employee in a position for which extra compensation is received. 12.3.4.6.5 The content of arbitration. If the unit member's evaluation. 12.3.4.6.6 The District's right to promulgate rules, policies or procedures for the implementation of this Agreement. 12.3.4.7 The arbitrator shall be limited as follows: 12.3.4.7.1 Where the District has made a judgment involving the exercise of discretionparties cannot agree, the arbitrator shall review such determine the issues by referring to the written grievance documents. After a hearing and after both parties have had an opportunity to present written arguments, the arbitrator shall issue a written decision solely to determine whether the decision has violated the Agreement and shall not substitute the arbitrator's judgment for that parties within thirty (30) calendar days after closure of the Districthearing record. The intent is not to negate binding arbitration, but rather to force the arbitrator to stick to the Agreement. 12.3.4.7.2 The arbitrator shall not add to, subtract from, amend, modify, or alter any provisions or procedures contained in this Agreement. 12.3.4.7.3 The arbitrator shall not issue statements of opinion or conclusions not essential to the resolution of the grievance issue(s) submitted. 12.3.4.7.4 The arbitrator's award may include financial reimbursement or other proper remedy, except fines, damages, or penalties. 12.3.4.8 The arbitrator's ’s decision shall be in writing and shall set forth precise findings of fact, reasoning, and conclusions on the grievance issues issue(s) submitted. The decision of the arbitrator shall be final and binding on both the parties. 18.6.4 The costs of the arbitration shall be borne equally between the parties. These costs include but are not limited to per diem expenses, travel and travel time. Either party may request that the hearing be recorded. The costs of a certified court reporter shall be paid by the party requesting the reporter and only the party paying for the reporter shall receive a transcript of the hearing. Alternately, both parties may mutually agree to share equally the costs of the reporter in which case both parties shall receive a copy of the transcript. Each party shall bear the expense of the preparation and presentation of its own case. If either party cancels a scheduled arbitration date, the moving party shall be responsible for the cancellation fee, if any.