Common use of Level III – Binding Arbitration Clause in Contracts

Level III – Binding Arbitration. 10.4.4.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no written decision has been rendered within ten (10) days after the final meeting with the superintendent or designee, he/she shall, within ten (10) days after a decision by the superintendent or designee, request in writing that the Association submit the grievance to arbitration. The appeal shall include the same information and documents as the Level II appeal. The Association, by written notice to the superintendent within fifteen (15) days after receipt of a timely request from the aggrieved person, may submit the grievance to binding arbitration. 10.4.4.2 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of the Association's submission of the grievance to arbitration, a list of seven (7) persons shall be requested from the State Mediation and Conciliation Service. Each side shall then alternately strike names until only one (1) person remains on the list who shall serve as the impartial neutral arbitrator. Also each side shall have the right to reject one (1) full list from the State Mediation and Conciliation Service. 10.4.4.3 The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. 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 inconsistent with the terms of this Agreement. Also the arbitrator shall be without authority to modify or change the terms of this Agreement. The decision of the arbitrator will be submitted to the superintendent and the Association and will be final and binding upon the parties of this Agreement. 10.4.4.4 All costs for the services of the arbitrator, including but not limited to per diem expenses, travel, a transcript, and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them.

Level III – Binding Arbitration. 10.4.4.1 12.5.3.1 If the aggrieved person grievant is not satisfied with the disposition of his/her grievance decision at Level II, or if no written decision has been rendered within ten (10) days after the final meeting with the superintendent or designeegrievant may, he/she shall, within ten (10) days after a decision by the superintendent or designee, request in writing that the Association submit the grievance to arbitration. The appeal shall include the same information and documents as the Level II appeal. The Association, by written notice to the superintendent within fifteen (15) days after receipt of a timely request from the aggrieved person, may submit the grievance to binding arbitration. 10.4.4.2 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of the Association's submission receipt of the grievance decision submit a request in writing to the CCFT for arbitration of the dispute. Within fifteen (15) days of the receipt of the grievant's request for arbitration, a list the CCFT shall inform the District of seven (7) persons its intent as to whether or not the grievance will be arbitrated. The CCFT and the District may attempt to agree upon an arbitrator. If no agreement can be reached, the CCFT and the District shall be requested from request that the State Mediation and Conciliation ServiceService supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each side party shall then alternately alternatively strike names until only one (1) person remains name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot. 12.5.3.2 The arbitrator shall, as soon as possible, hear evidence and tender a decision on the list who issue or issues submitted to her/him. If the parties cannot agree upon a submission agreement, the arbitrator shall serve as determine the impartial neutral arbitrator. Also issues by referring to the written grievance and the answers thereto at each side shall have the right to reject one (1) full list from the State Mediation and Conciliation Servicestep. 10.4.4.3 12.5.3.3 The arbitrator's decision District and the CCFT agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be in writing and will set forth his/her findings confined exclusively to the interpretation of fact, reasoning, and conclusions on the issues submittedexpress provision or provisions of this Agreement at issue between the parties. The arbitrator will shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision which that requires the commission of District or the administration to do an act prohibited by law or which is inconsistent with law. 12.5.3.4 After hearing evidence and after both parties have had an opportunity to make written arguments, the terms arbitrator shall submit in writing to all parties, her/his findings and award. 12.5.3.5 The award of this Agreement. Also the arbitrator shall be without authority to modify or change the terms of this Agreement. final and binding. 12.5.3.6 The decision fees and expenses of the arbitrator will shall be submitted to the superintendent and the Association and will be final and binding upon the parties of this Agreement. 10.4.4.4 All costs for the services of the arbitrator, including but not limited to per diem expenses, travel, a transcript, and subsistence expenses and the cost of any hearing room, will be borne shared equally by the Board District and the AssociationCCFT. All other costs will expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they both mutually agree. If the arbitrator requests a court reporter, then the costs shall be shared by both parties. 12.5.3.7 Alleged violations of Article 5 (Non-discrimination) shall not be subject to the binding arbitration provisions of this Article. If the grievant is not satisfied with the decision at Level II of the grievance procedure, the grievant may appeal the decision to the Governing Board or pursue other remedies she/he may have before state or federal agencies or courts.