Common use of Level IV - Arbitration Clause in Contracts

Level IV - Arbitration. 1650 14.4.5.1 Where the grievant and CSEA wish to proceed to arbitration, a request shall be 1651 made to the Vice Chancellor of Human Resources or designee within five (5) days 1652 of the receipt of the Chancellor’s or designee’s decision. Should CSEA and the 1653 District be unable to mutually agree on the selection of an arbitrator: 1654 1656 list of arbitrators from the State Mediation and Conciliation Service. 1657 1658 14.4.5.1.2 Within five (5) days after receipt of the list, a representative of the 1659 District and a representative of CSEA shall alternately strike names 1660 from the list until only one name remains. 1661 1662 14.4.5.1.3 Upon receiving the request to move to arbitration, the Vice Chancellor 1663 of Human Resources or designee shall contact the selected arbitrator to 1664 schedule a hearing at the earliest convenience of the arbitrator. The 1665 parties agree to schedule the arbitration hearing within three (3) months 1666 of the request for arbitration. 1667 1668 For the purpose of this Section, the “schedule arbitration” means that 1669 the parties will contact the mutually-selected arbitrator and request 1670 confirmation of a scheduled date for the arbitrator. Every effort will be 1671 made to schedule the arbitration hearing within three (3) months of the 1672 request for arbitration. Through mutual agreement, the hearing may be 1673 extended beyond the three (3) month period of time. 1674 1675 14.4.5.1.4 Arbitrator expenses, including any per diem fees, actual and necessary 1676 travel and subsistence expense, and other fees and expenses shall be 1677 shared equally by the parties. Other expenses shall be borne by the party 1678 incurring them. Neither party shall be responsible for the expense of 1679 witnesses called by the other who are not District employees. 1680 1681 The grievant and the CSEA representative shall be provided reasonable 1682 release time to process a grievance without loss of pay or benefits. 1683 1684 14.4.5.1.5 The arbitrator shall, as soon as possible, hear evidence and render a 1685 decision on the issue or issues submitted. If either party so requests, the 1686 arbitrator shall specifically rule upon the arbitrability of issues prior to 1687 the hearing on the merits of the grievance. If the parties cannot agree 1688 upon a statement of the issues to be arbitrated, the arbitrator shall 1689 determine the issues by referring to the written grievance and the 1690 answers thereto at each step. 1691 1692 14.4.5.1.6 The arbitrator may only render a decision on the interpretation of the 1693 provision or provisions of this Agreement at issue between the parties. 1694 The arbitrator shall have no authority to add to, subtract from, alter, 1695 amend, or modify any provisions of this Agreement. The arbitrator 1696 shall be without power or authority to make any decision that requires 1697 the District or the administration to perform an illegal act. 1698 1699 14.4.5.1.7 After a hearing, and after both parties have had an opportunity to make 1700 written or oral arguments, the arbitrator shall submit, in writing, to all 1701 1702 1703 1704 1705