Step V - Arbitration a. If the Association is not satisfied with disposition of the grievance by the Board, then in no less than 15 days after receipt of the Board's answer, the Association shall submit a demand for arbitration to the American Arbitration Association. Selection of an Arbitrator shall be in accordance with the AAA rules and regulations. The AAA shall not have the authority to independently designate an arbitrator, but shall furnish the parties additional lists until an arbitrator can be selected. Each party shall strike those names unacceptable to them and return the list to AAA. Any arbitrator appearing on the list of acceptable arbitrators from both parties shall be designated as the assigned arbitrator.
Step V - Arbitration. Upon failure of mediation to resolve the grievance, the grievant's representative may file a letter with the Agency requesting referral of the matter to arbitration. The letter shall be filed within fourteen (14) calendar days after the conclusion of mediation proceedings. Arbitration shall be accepted by both the grievant's representative and the Agency prior to initiating the following and the decision shall be binding on all parties:
Step V - Arbitration. 1. Within ten (10) days after conclusion of mediation, the Union may submit a request to the Superintendent advancing the grievance to binding arbitration if the subject of the grievance is suspension or termination of an employee. An arbitrator shall be chosen through the Federal Mediation and Conciliation Service using its Voluntary Labor Arbitration Rules. The arbitrator’s award shall be final and binding on all parties
Step V - Arbitration. Within forty-five (45) days following receipt by the grievant of the Third Step decision, the grievance may be submitted to advisory arbitration with approval of the Association except in the case of an appeal of a disciplinary action (see 19.3). The request for advisory arbitration shall be made in writing to the Vice Chancellor, Human Resources on the grievance form provided by the District. (See Appendix F) Within five (5) days after receiving the request for advisory arbitration, the District shall request the State Conciliation Service to supply a hearing officer. This person shall be designated as the arbiter. Fees and expenses, if any, of the arbiter shall be shared by the District and the grievant. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. The hearing officer shall present his/her written advisory decision to the grievant and to the District. Either the grievant or the District may appeal the advisory decision of the hearing officer to the Board of Trustees within twelve (12) days after receipt of such advisory decision. Thereafter, the final decision shall be made by the Board of Trustees in a timely manner.
Step V - Arbitration. If the grievance is not resolved at Step IV, within seven (7) working days the 15 Faculty’s Grievance Committee shall have the sole right to request in writing of the President that 16 the grievance be submitted to arbitration. If the parties cannot agree on the selection of the 17 arbitrator within five (5) working days after such request, an arbitrator shall be selected in 18 accordance with the rules and procedures of the American Arbitration Association.
Step V - Arbitration. If the grievance is not settled to the satisfaction of the Union at Step IV, the Union may request arbitration. Within seven (7) working days after notice requesting arbitration has been served on the Employer, the parties shall request and split the cost of the Federal Mediation Conciliation Service to submit a panel of five (5) arbitrators from which the Employer and the Union shall select an arbitrator by using the alternative strike method of selection. The decision of the arbitrator shall be final and binding on the grievant(s) and both parties. The arbitrator shall not have the power to add to, subtract from, or modify this Agreement. Cost of the arbitration proceeding shall be borne by the losing party.
Step V - Arbitration. (a) If the grievant is not satisfied with the Superintendent's or his/her designee's response at Step IV, or if the response is not submitted within agreed time limits, the grievant may, within ten (10) workdays of receipt of the Superintendent's decision or his/her failure to respond within agreed time limits, request in writing that the Association submit the grievance to arbitration. The Association, by written notice to the Superintendent or his/her designee within ten (10) workdays after receipt of the request from the grievant, may submit the grievance to arbitration.
Step V - Arbitration. 39 If no settlement has been reached within the fifteen (15) workdays referred to in the preceding 40 subsection and the Association and the grievant believe the grievance to be valid, the grievance may, 41 within fifteen (15) workdays of the answer above, be submitted in writing to arbitration under AAA 42 voluntary rules, or other mutually agreed upon Arbitrator through PERC. 44 The arbitrator will have no power or authority to add to, subtract from, or modify this agreement, 45 award damages, or provide a remedy which is in violation of law. 47 All costs of the arbitration will be born equally by the District and the Association. 48 The award of the arbitrator will be final and binding on all parties.
Step V - Arbitration. If dissatisfied with the Step IV decision, the Union may elect to 31 move the issue to Arbitration following the procedures outlined in Article 11. 33 ***
Step V - Arbitration. In the event the two parties cannot arrive at a 13 satisfactory resolution to the grievance, the Union may request binding arbitration on 14 any grievance related to violation of this Agreement. If the Union determines to seek 15 binding arbitration, it shall, within ten (10) regular working days following the date of 16 the Step II written response, submit a request for a list of at least seven (7) arbitrators 17 from the Federal Mediation and Conciliation Service unless other arrangements are 18 agreed to between the District and the Union. The parties will determine the arbitrator 19 from this list by alternately striking a name from the list. The arbitrator's decision will 20 be in writing and will set forth the finding of act, reasoning and conclusions. The 21 arbitrator will be without power or authority to make any decisions which is outside the 22 Agreement. 24 The decision of the arbitrator will be submitted to the District and the Union and 25 will be final and binding upon the parties. The costs of the arbitrator will be borne 26 equally by the District and the Union and each will bear its own attorney fees and 27 other costs.
