Common use of Level IV - Arbitration Clause in Contracts

Level IV - Arbitration. 11.3.5.1 If the grievance is not resolved at Level III, the Association may provide a written request to the Superintendent that the grievance be submitted to arbitration. 11.3.5.2 Within ten (10) days of the Association’s written request, the parties shall attempt to agree on an arbitrator to hear the grievance. If no agreement is reached within said ten (10) day period, the parties shall jointly request the California State Mediation and Conciliation Service to supply a list of seven (7) names of persons experienced in hearing grievances in California public schools. In the absence of a mutual agreement of an arbitrator from this list, each party shall alternately strike a name until only one name remains. The order of the striking shall be determined by lot. 11.3.5.3 In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a written decision on the issue(s) submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) by referring to the written grievance and the answers thereto at each step. If any question arises to the arbitrability of the grievance, the arbitrator shall rule on this issue prior to hearing the merits, unless he/she rules otherwise. 11.3.5.4 After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit findings and an award to both parties. 11.3.5.5 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision contrary to law, or on issues(s) not before the arbitrator, nor on facts not supported by evidence. The power of the arbitrator to award back pay shall be limited to the first of the fiscal year in which the grievance was filed. 11.3.5.6 Any costs of a hearing room and the fees and expenses of the arbitrator shall be borne equally by both parties. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested by the arbitrator or both parties. If the transcript is requested by only one (1) party, that party shall incur the expense. All other expenses shall be borne by the party incurring them. 11.3.5.7 The decision of the arbitrator shall be final and binding, subject to appropriate judicial review, unless appealed to the next level.

Level IV - Arbitration. 11.3.5.1 21.6.1 It is understood that the only matters which are subject to arbitration are grievances which were processed and handled in accordance with the grievance procedure described heretofore in this article. The provisions of Article I, "Recognition," Article XIX, "District Rights," Article XX, "Concerted Activities" and Article III, "Salary," (Reopener), are specifically excluded from arbitration, under the provisions of this article. 21.6.2 If the grievance Association is not resolved satisfied with the decision at Level III, the Association may provide a written request to the Superintendent that the grievance be submitted to arbitration. 11.3.5.2 Within within ten (10) days of the Association’s conclusion of Level III, submit a request in writing to the Superintendent for arbitration of the dispute. The Association and the District shall attempt to agree upon an arbitrator, provided that the parties may mutually agree to attempt resolution via mediation as an intermediate step prior to proceeding to arbitration. If the matter is not resolved via mediation, the Association shall have ten (10) days from the conclusion of the mediation to submit a written requestrequest for arbitration to the Superintendent/ designee. If no agreement on an arbitrator can be reached, the parties shall attempt to agree on an arbitrator to hear the grievance. If no agreement is reached within said ten (10) day period, the parties shall jointly request the California State Mediation and Conciliation Service to supply a list panel of seven five (75) names of persons experienced in hearing grievances in public schools who reside in the Southern California public schoolsarea and who are members of the National Academy of Arbitrators. In the absence of a mutual agreement of an arbitrator from this list, each Each party shall alternately strike a name until only one name remains. The order of the striking first strike shall be determined by lot. The remaining panel member shall be the arbitrator. 11.3.5.3 In each dispute21.6.2.1 The fees and expenses of the arbitrator and the hearing shall be borne equally by the parties. All other expenses, includingfees for witnesses and conferees, shall be borne by the party incurring them. Only witnesses and representatives considered vital to the hearing process, as determined by the arbitrator, shall be present at the hearing. 21.6.2.2 The arbitrator shall, as soon as possible, hear evidence and render a written decision on the issue(s) submittedissue or issues that were submitted to arbitration. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) issues by referring to the written grievance and the answers thereto at each step. If any question arises to the arbitrability of the grievance, the arbitrator shall rule on this issue prior to hearing the merits, unless he/she rules otherwiselevel. 11.3.5.4 21.6.2.3 After the a hearing and after both parties have been given had an opportunity to make written arguments, the arbitrator shall submit submit, within thirty (30) calendar days to all parties the written findings and an award to both parties. 11.3.5.5 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision contrary to law, or on issues(s) not before the arbitrator, nor on facts not supported by evidencehe/she has prepared. The power decision will be in writing and will set forth findings of fact, reasoning, and conclusions on the arbitrator to award back pay shall be limited to the first of the fiscal year in which the grievance was filed. 11.3.5.6 Any costs of a hearing room and the fees and expenses of the arbitrator shall be borne equally by both partiesissue submitted. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested by the arbitrator or both parties. If the transcript is requested by only one (1) party, that party shall incur the expense. All other expenses shall be borne by the party incurring them. 11.3.5.7 The decision of the arbitrator shall be final and bindingbinding on the parties, subject provided that both parties retain the right to appropriate seek judicial review, unless appealed to review of the next leveldecision as provided in Code of Civil Procedure.

Level IV - Arbitration. 11.3.5.1 21.6.1 It is understood that the only matters which are subject to arbitration are grievances which were processed and handled in accordance with the grievance procedure described heretofore in this article. The provisions of Article I, "Recognition," Article XIX, "District Rights," Article XX, "Concerted Activities" and Article III, "Salary," (Reopener), are specifically excluded from arbitration, under the provisions of this article. 21.6.2 If the grievance Association is not resolved satisfied with the decision at Level III, the Association may provide a written request to the Superintendent that the grievance be submitted to arbitration. 11.3.5.2 Within within ten (10) days of the Association’s conclusion of Level III, submit a request in writing to the Superintendent for arbitration of the dispute. The Association and the District shall attempt to agree upon an arbitrator, provided that the parties may mutually agree to attempt resolution via mediation as an intermediate step prior to proceeding to arbitration. If the matter is not resolved via mediation, the Association shall have ten (10) days from the conclusion of the mediation to submit a written requestrequest for arbitration to the Superintendent/ designee. If no agreement on an arbitrator can be reached, the parties shall attempt to agree on an arbitrator to hear the grievance. If no agreement is reached within said ten (10) day period, the parties shall jointly request the California State Mediation and Conciliation Service to supply a list panel of seven five (75) names of persons experienced in hearing grievances in public schools who reside in the Southern California public schoolsarea and who are members of the National Academy of Arbitrators. In the absence of a mutual agreement of an arbitrator from this list, each Each party shall alternately strike a name until only one name remains. The order of the striking first strike shall be determined by lot. The remaining panel member shall be the arbitrator. 11.3.5.3 In each dispute21.6.2.1 The fees and expenses of the arbitrator and the hearing shall be borne equally by the parties. All other expenses, including fees for witnesses and conferees, shall be borne by the party incurring them. Only witnesses and representatives considered vital to the hearing process, as determined by the arbitrator, shall be present at the hearing. 21.6.2.2 The arbitrator shall, as soon as possible, hear evidence and render a written decision on the issue(s) submittedissue or issues that were submitted to arbitration. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue(s) issues by referring to the written grievance and the answers thereto at each step. If any question arises to the arbitrability of the grievance, the arbitrator shall rule on this issue prior to hearing the merits, unless he/she rules otherwiselevel. 11.3.5.4 21.6.2.3 After the a hearing and after both parties have been given had an opportunity to make written arguments, the arbitrator shall submit submit, within thirty (30) calendar days to all parties the written findings and an award to both parties. 11.3.5.5 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall the arbitrator be empowered to render a decision contrary to law, or on issues(s) not before the arbitrator, nor on facts not supported by evidencehe/she has prepared. The power decision will be in writing and will set forth findings of fact, reasoning, and conclusions on the arbitrator to award back pay shall be limited to the first of the fiscal year in which the grievance was filed. 11.3.5.6 Any costs of a hearing room and the fees and expenses of the arbitrator shall be borne equally by both partiesissue submitted. Concerning transcripts, the cost shall be borne equally by the parties if the transcript is requested by the arbitrator or both parties. If the transcript is requested by only one (1) party, that party shall incur the expense. All other expenses shall be borne by the party incurring them. 11.3.5.7 The decision of the arbitrator shall be final and bindingbinding on the parties, subject provided that both parties retain the right to appropriate seek judicial review, unless appealed to review of the next leveldecision as provided in Code of Civil Procedure.