Common use of Level IV – Binding Arbitration Clause in Contracts

Level IV – Binding Arbitration. In the event the grievance is not adjusted at Level III, the Association may submit a written request to the Superintendent or designee for arbitration. The District and the Association shall attempt to select a mutually acceptable arbitrator. If a mutually acceptable arbitrator cannot be selected, the parties shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service who are experienced in hearing grievances in California public school districts. The selection of the arbitrator from the list shall be made by the alternate striking method. The first strike shall be determined by a toss of a coin. In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a 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. After the hearing and after both parties have been given an opportunity to make written arguments, the arbitrator shall submit findings and award to both parties. 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, on issue(s) not before the arbitrator, nor on facts not supported by the evidence. The arbitrator's authority to award back pay is limited to the first of the fiscal year in which the grievance was filed. 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 a copy of 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. The findings and decision of the arbitrator shall be final and binding on all parties subject to the established right of judicial review.