Level V - Arbitration a. If the Grievant is not satisfied with the disposition of the grievance at Level IV, the Grievant may, within ten (10) days of the last meeting with the mediator, or within ten (10) days of the expiration of the timeline in Level IV above, submit a request to the Association Grievance Chairperson, requesting that the Association submit the grievance to arbitration. If the Association Grievance Committee approves the request, the Association shall submit the grievance to arbitration by giving written notice to the Superintendent’s Office within fifteen (15) days after the date the request is made of the Association by the Grievant.
Level V - Arbitration. A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association.
Level V - Arbitration. 11.3.5.1 If the grievant is not resolved at Level IV, the Association may within ten (10) days submit a written request to the Superintendent or designee that the grievance be submitted to arbitration.
Level V - Arbitration. 9.17 Within ten (10) University working days following receipt of the Level IV written response, the CSU-AAUP may proceed to arbitration by requesting, in writing, a panel of no fewer than fifteen
Level V - Arbitration. If the grievance consists of a claim that the agreement between the Association and the District has been violated, misinterpreted, misapplied, or applied unfairly, then the Association may have the matter submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association which shall act as the administrator of the proceeding. The cost of such arbitration shall be divided equally between the District and the Association. If the Superintendent does not receive a demand for arbitration within fifteen (15) days of the receipt of the written response required in Level IV then the grievance shall be deemed withdrawn. If arbitration is required no new evidence may be submitted to the arbitrator that has not been previously disclosed. The arbitrator shall have no power to alter the term of any agreement between the Association and the Board. The arbitrator shall, however, be empowered to include in any award such financial reimbursements or other remedies, as the arbitrator shall judge proper.
Level V - Arbitration. A. Unless the specific language of the Agreement is in conflict, the arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.
Level V - Arbitration. A. Unless the specific language of the Agreement is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association.
Level V - Arbitration. (a) If the grievant and the Association are not satisfied with the results of Level IV, the Association may within ten (10) working days of receipt of such written response make appeal for arbitration. Arbitration shall be initiated through the American Arbitration Association, according to its voluntary rules and regulations. Both parties can reject one list and request another. The arbitrator shall hold a hearing to make a fair and impartial ruling on the grievance as stated. The arbitrator shall send the ruling in writing to the grievant, Superintendent, President of the Association, and the Board. The ruling, within the arbitrator's jurisdiction, shall be final and binding to both parties. Cost of the arbitrator shall be divided equally between the Association and the Board.
Level V - Arbitration. 3:7.1 If the dispute is not resolved through the grievance mediation process, the Association may submit an Arbitration Demand to the Public Employment Relations Board. The Demand shall certify a copy of the Demand was sent to the Superintendent. The Demand must be postmarked no later than fifteen (15) days after the Level IV decision.
Level V - Arbitration. In the event the grievance is not resolved to the grievant's satisfaction at Level III and the grievance has not been settled in mediation, the grievant shall, within ten (10) days of the Level III decision, or if applicable within ten (10) days of the close of mediation, submit a signed written request to the Association that it submit the grievance to arbitration. The Association shall, if it desires to proceed to arbitration, so advise the Superintendent in writing within fifteen (15) days after receipt of the request. If the Association is the grievant, it must advise the Superintendent in writing within fifteen (15) days after receipt of the Level III decision, or if applicable within ten (10) days of the close of mediation. The Association and the District shall first attempt to agree upon an arbitrator. If no agreement can be reached, the grievant shall request the American Arbitration Association to supply a list of five (5) arbitrators. Each party shall alternately strike a name until only one name remains which shall then be the arbitrator. The order of the striking shall be determined by lot. If the parties are unable to determine the order from the previous grievance, the grievant shall strike the first name from the list. The arbitrator, as soon as possible, shall hear evidence and render a decision on the issue(s) submitted. If the parties cannot agree on the issue(s) before the arbitrator, the arbitrator shall determine the issues by referring to the written grievance, the answers thereto at each step and the Agreement. The hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. Within forty-five (45) days of the close of the hearing, the arbitrator shall submit his or her decision in writing. The decision will set forth the arbitrator's findings, reasoning and conclusions on the issue(s) submitted. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement. The decision will be based solely on the Agreement and the evidence and arguments presented at the hearing. The arbitrator's decision shall be final and binding. The arbitrator is empowered to include in the decision any award determined to be appropriate, including financial reimbursement, except that no punitive damages may be awarded. Interest may also be awarded in accordance with the California Code of Civil Procedure. The fees and expenses of the arbitrator and the hearing sh...
