Common use of Level 6- Binding Arbitration Clause in Contracts

Level 6- Binding Arbitration. In the event the grievant is not satisfied with the decision at Level 5, it may, within fifteen (15) days of completion of the Level 5 proceedings, submit the grievance to arbitration. CSEA and the District shall attempt to mutually agree upon an arbitrator. If an arbitrator cannot be mutually agreed upon, CSEA shall request a list of five (5) arbitrators through the California State Mediation and Conciliation Service. Each party shall strike two names from the list of arbitrators in alternate order. The determination of which party shall strike first will be determined by lot. 15.3.6.1 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 hear cases challenging any of the following: 15.3.6.1.1 The termination of the services of a probationary employee. 15.3.6.1.2 The content of an employee's evaluation. 15.3.6.2 In the event that the District has raised procedural objections at any level of the Grievance Procedure, the arbitrator shall rule on the procedural objections prior to proceeding to a hearing on the merits of the grievance. 15.3.6.3 After a hearing on the merits of the grievance, the arbitrator shall render a written decision which sets forth findings of fact, reasoning, and conclusions on the precise issue(s), submitted. 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 arbitrator shall not add to, subtract from, amend, modify or alter any provisions or procedures contained in this Agreement. The arbitrator shall not issue statements of opinion or conclusions not essential to the determination of the issue(s) submitted. The arbitrator's decision may include restitution, financial reimbursement, or other proper remedy, except fines or penalties. The arbitrator’s remedy shall not include attorney’s fees for either party. 15.3.6.4 The arbitrator's decision shall be submitted to the District and CSEA for review and implementation. The arbitrator's decision shall be binding on all parties and shall be implemented promptly. The costs of the arbitration proceeding, including filing fees, fees and the per diem charges of the arbitrator, and cost of a court reporter shall be borne equally by the parties. Each party shall be responsible for the costs of presenting its case.

Level 6- Binding Arbitration. In the event the grievant CSEA is not satisfied with the decision at Level 5, it may, within fifteen (15) days of completion of the Level 5 proceedings, submit the grievance to arbitration. CSEA and the District shall attempt to mutually agree upon an arbitrator. If an arbitrator cannot be mutually agreed upon, CSEA shall request a list of five (5) arbitrators through the California State Mediation and Conciliation Service. Each party shall strike two names from the list of arbitrators in alternate order. The determination of which party shall strike first will be determined by lot. 15.3.6.1 15.4.6.1 The Arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue(sissues(s) submitted for arbitration. The arbitration shall not determine any other issue(s). The arbitrator shall have no power or authority to hear cases challenging any of the following: 15.3.6.1.1 15.4.6.1.1 The termination of the services release of a probationary employee. 15.3.6.1.2 15.4.6.1.2 The content of an employee's evaluation. 15.3.6.2 15.4.6.2 In the event that the District has raised procedural objections at any level of the Grievance Procedure, the arbitrator shall rule on the procedural objections prior to proceeding to a hearing on the merits of the grievance. 15.3.6.3 15.4.6.3 After a hearing on the merits of the grievance, the arbitrator shall render a written decision which sets forth findings of fact, reasoning, and conclusions on the precise issue(s), submitted. 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 arbitrator shall not add to, subtract from, amend, modify or alter any provisions or procedures contained in this Agreement. The arbitrator shall not issue statements of opinion or conclusions not essential to the determination of the issue(s) submitted. The arbitrator's decision may include restitution, financial reimbursement, or other proper remedy, except fines or penalties. The arbitrator’s 's remedy shall not include attorney’s 's fees for either party. 15.3.6.4 15.4.6.4 The arbitrator's decision shall be submitted to the District and CSEA for review and implementation. The arbitrator's decision shall be binding on all parties and shall be implemented promptly. The costs of the arbitration proceeding, including filing fees, fees and the per diem charges of the arbitrator, and cost of a court reporter shall be borne equally by the parties. Each party shall be responsible for the costs of presenting its case.