Common use of Level IV - Arbitration Clause in Contracts

Level IV - Arbitration. If the Faculty Association is not satisfied with the disposition of the grievance at Level III, it must, within twenty (20) days of receipt of the written decision of the Chancellor or designee in Level III, send a written notice to the Chancellor that the matter is being submitted for arbitration. See Appendix: Grievance: Level IV Form (Arbitration). a. Either the Faculty Association or the District will request the California State Conciliation Service (C.S.C.S.) to provide a list of seven (7) names of persons experienced in hearing grievances in the public schools. The arbitrator shall be selected within fourteen (14) days following receipt of the list, by alternately striking names until only one (1) name remains. The party with the right to strike first shall be determined by a flip of the coin. In the event that the arbitrator is unable to serve, the parties shall request an arbitrator through the American Arbitration Association (A.A.A.) or may select a mutually agreed upon individual from the original list of seven (7) submitted by California State Conciliation Service (C.S.C.S.). b. The parties shall each bear the burden of one-half (1/2) of the Arbitrator’s cost, and shall each bear their own separate legal and research costs. c. The hearing shall proceed under the Voluntary Labor Rules of the American Arbitration Association (A.A.A.) or under the Expedited Rules of the American Arbitration Association (A.A.A.) if agreed to in advance by both parties. d. The Arbitrator will hear evidence on issues of arbitrability and the substantive issues at the same arbitration hearing. e. After an investigation and hearing, it shall be the function of the arbitrator as empowered, except as those powers are limited by the provisions of this Article and the applicable American Arbitration Association (A.A.A.) rules, to make a decision in cases of an alleged violation(s) or misapplication of the specific Article(s) and Section(s) of this Agreement. f. The arbitrator shall have no power to add, subtract from, disregard, alter or modify any of the terms of this Agreement and shall not consider or include issues in the decision that are not directly involved in the case as submitted. The arbitrator shall not deprive the District or the Faculty Association of any rights expressly or implicitly reserved herein. g. The arbitrator shall make no retroactive award to the grievant(s) which would pre-date the effective date of this Agreement. The arbitrator will be without the power or authority to make any decision which would require the commission of an act prohibited by law. h. The award or decision of the arbitrator shall be final and binding on all parties subject to the arbitration. i. The arbitrator’s award shall be in writing and shall set forth his/her determination of the issue(s), findings of fact and conclusions.

Level IV - Arbitration. If the Faculty Association is not satisfied with the disposition of the grievance at Level III, it must, within twenty (20) days of receipt of the written decision of the Chancellor or designee in Level IIIdays, send a written notice to the Chancellor that the matter is being submitted for arbitration. See Appendix: Grievance: Level IV Form (Arbitration). a. Either the Faculty Association or the District will request the California State Conciliation Service (C.S.C.S.) to provide a list of seven (7) names of persons experienced in hearing grievances in the public schools. The arbitrator shall be selected within fourteen (14) days following receipt of the list, by alternately striking names until only one (1) name remains. The party with the right to first strike first shall be determined by a flip of the coin. In the event that the arbitrator is unable to serve, the parties shall request an arbitrator through the American Arbitration Association (A.A.A.) or may select a mutually agreed upon individual from the original list of seven (7) submitted by California State Conciliation Service (C.S.C.S.). b. The parties shall each bear the burden of one-one half (1/2) of the Arbitrator’s Arbitrator‘s cost, and shall each bear their own separate legal and research costs. c. The hearing shall proceed under the Voluntary Labor Rules of the American Arbitration Association (A.A.A.) A.A.A. or under the Expedited Rules of the American Arbitration Association (A.A.A.) A.A.A. if agreed to in advance by both parties. d. The Arbitrator will hear evidence on issues of arbitrability and the substantive issues at the same arbitration hearing. e. After an investigation and hearing, it shall be the function of the arbitrator as empowered, empowered except as those powers are limited by the provisions of this Article and the applicable American Arbitration Association (A.A.A.) A.A.A. rules, to make a decision in cases of an alleged violation(s) or misapplication of the specific Article(s) and Section(s) of this Agreement. f. The arbitrator shall have no power to add, subtract from, disregard, alter or modify any of the terms of this Agreement and shall not consider or include issues in the decision that are not directly involved in the case as submitted. The arbitrator shall not deprive the District or the Faculty Association of any rights expressly or implicitly reserved herein. g. The arbitrator shall make no retroactive award to the grievant(s) which would pre-date the effective date of this Agreement. The arbitrator will be without the power or authority to make any decision which would require the commission of an act prohibited by law. h. The award or decision of the arbitrator shall be final and binding on all parties subject to the arbitration.. All decisions involving the discipline (including the discharge) of any employee shall be governed by the Article in this Agreement entitled ―Discipline‖. i. The arbitrator’s arbitrator‘s award shall be in writing and shall set forth his/her determination of the issue(s), findings of fact and conclusions.

Level IV - Arbitration. If the Faculty Association is not satisfied with the disposition of the grievance at Level III, it must, within twenty (20) days of receipt of the written decision of the Chancellor or designee in Level III, send a written notice to the Chancellor that the matter is being submitted for arbitration. (See Appendix: Grievance: Level IV Form (ArbitrationGrievance Arbitration Request Form.). a. Either the Faculty Association or the District will request the California State Conciliation Service (C.S.C.S.) to provide a list of seven (7) names of persons experienced in hearing grievances in the public schools. The arbitrator shall be selected within fourteen (14) days following receipt of the list, by alternately striking names until only one (1) name remains. The party with the right to strike first shall be determined by a flip of the coin. In the event that the arbitrator is unable to serve, the parties shall request an arbitrator through the American Arbitration Association (A.A.A.) or may select a mutually agreed upon individual from the original list of seven (7) submitted by California State Conciliation Service (C.S.C.S.). b. The parties shall each bear the burden of one-half (1/2) of the Arbitrator’s cost, and shall each bear their own separate legal and research costs. c. The hearing shall proceed under the Voluntary Labor Rules of the American Arbitration Association (A.A.A.) or under the Expedited Rules of the American Arbitration Association (A.A.A.) if agreed to in advance by both parties. d. The Arbitrator will hear evidence on issues of arbitrability and the substantive issues at the same arbitration hearing. e. After an investigation and hearing, it shall be the function of the arbitrator as empowered, except as those powers are limited by the provisions of this Article and the applicable American Arbitration Association (A.A.A.) rules, to make a decision in cases of an alleged violation(s) or misapplication of the specific Article(s) and Section(s) of this Agreement. f. The arbitrator shall have no power to add, subtract from, disregard, alter or modify any of the terms of this Agreement and shall not consider or include issues in the decision that are not directly involved in the case as submitted. The arbitrator shall not deprive the District or the Faculty Association of any rights expressly or implicitly reserved herein. g. The arbitrator shall make no retroactive award to the grievant(s) which would pre-date the effective date of this Agreement. The arbitrator will be without the power or authority to make any decision which would require the commission of an act prohibited by law. h. The award or decision of the arbitrator shall be final and binding on all parties subject to the arbitration. i. The arbitrator’s award shall be in writing and shall set forth his/her determination of the issue(s), findings of fact and conclusions.

Level IV - Arbitration. If the Faculty Association is not satisfied with the disposition of the grievance at Level III, it must, within twenty (20) days of receipt of the written decision of the Chancellor or designee in Level III, send a written notice to the Chancellor that the matter is being submitted for arbitration. See Appendix: Grievance: Level IV Form form (Arbitration). a. Either the Faculty Association or the District will request the California State Conciliation Service (C.S.C.S.) to provide a list of seven (7) names of persons experienced in hearing grievances in the public schools. The arbitrator shall be selected within fourteen (14) days following receipt of the list, by alternately striking names until only one (1) name remains. The party with the right to strike first shall be determined by a flip of the coin. In in the event that the arbitrator is unable to serve, the parties shall request an arbitrator through the American Arbitration Association (A.A.A.) or may select a mutually agreed upon individual from the original list of seven (7) submitted by California State Conciliation Service (C.S.C.S.). b. The parties shall each bear the burden of one-half (1/2) of the Arbitrator’s cost, and shall each bear their own separate legal and research costs. c. The hearing shall proceed under the Voluntary Labor Rules of the American Arbitration Association (A.A.A.) or under the Expedited Rules of the American Arbitration Association (A.A.A.) if agreed to in advance by both parties. d. The Arbitrator will hear evidence on issues of arbitrability and the substantive issues at the same arbitration hearing. e. After an investigation and hearing, it shall be the function of the arbitrator as empowered, except as those powers are limited by the provisions of this Article and the applicable American Arbitration Association (A.A.A.) rules, to make a decision in cases of an alleged violation(s) or misapplication of the specific Article(s) and Section(s) of this Agreement. f. The arbitrator shall have no power to add, subtract from, disregard, alter or modify any of the terms of this Agreement and shall not consider or include issues in the decision that are not directly involved in the case as submitted. The arbitrator shall not deprive the District or the Faculty Association of any rights expressly or implicitly reserved herein. g. The arbitrator shall make no retroactive award to the grievant(s) which would pre-date the effective date of this Agreement. The arbitrator will be without the power or authority to make any decision which would require the commission of an act prohibited by law. h. The award or decision of the arbitrator shall be final and binding on all parties subject to the arbitration. i. The arbitrator’s award shall be in writing and shall set forth his/her determination of the issue(s), findings of fact and conclusions.