Step V - Arbitration Clause Samples

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: (a) Arbitration shall be conducted by the American Arbitration Association or any other agent that is mutually accepted by the grievant and the Agency; (b) Each party shall pay one-half (1/2) of the arbitration fee in advance of the proceedings. (c) Proceedings shall be conducted according to the California Evidence Code and California Code of Civil Procedure to the extent they are compatible with the arbitration proceedings. (d) Arbitration shall be accepted only upon completion of mediation proceedings.

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. 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 2. The cost of the arbitrator and the fees of the Federal Mediation and Conciliation Service using its Voluntary Labor Arbitration Rules shall be borne by the losing party. The arbitrator will specify in his/her award which is the loser. If the loser is not clearly stated or the award involves multiple issues which split the award, the cost shall be equally divided between the Board and the Union. 3. The arbitrator shall have no authority to add or subtract from, disregard, alter, modify any terms of this Agreement, nor shall he/she, make any decisions contrary to law. 4. The arbitrator may rule on any alleged violation of the procedures relating to unit member evaluations specifically outlined in this Agreement, but shall not substitute his/her judgment for that of the evaluator or administrator involved in the suspension or termination. If an alleged grievance is submitted to an arbitrator on which he/she determines that he/she has no authority to rule, it shall be referred back to both parties without decision or recommendation on its merits.

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. (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. (b) The arbitrator shall have no power to add to, or delete, or amend the terms of this agreement. (c) An arbitrator shall be selected by mutual agreement. If the parties are unable to agree on an arbitrator, the following procedure will be used: A representative of the grievant and the Board's representative shall select an arbitrator from the California State Conciliation Services' or The American Arbitration Association list of five (5) names by eliminating names until one (1) name remains. The first option of elimination shall be determined by lot. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) workdays of receipt of the list by both parties. (d) The decision of the arbitrator shall be submitted to the District and the Association and shall be final and binding upon the parties to this contract. (e) The fees of the arbitrator and related costs shall be borne by the District and the Association equally.

Step V - Arbitration. If the BPA refuses to assign a Mediator or if the assigned Mediator determines that the grievance cannot be mediated, or after thirty (30) days, whichever occurs first, and both the Association and the grievant desire to go forward, the Association and the grievant may request that the BPA provide the parties with a list of five qualified impartial arbitrators. The request must be in writing and must be filed within fifteen (15) days of the Mediator’s determination or thirty (30) days after the Mediator’s appointment, whichever comes first.

Step V - Arbitration. If the grievance is not settled in Step IV, the matter may only be referred by the UNION or the VILLAGE for arbitration by written request made by the UNION or the VILLAGE within fifteen (15) calendar days of the Manager's response in Step IV. Arbitration shall proceed in the following manner: a) The parties shall attempt to agree upon an arbitrator within fifteen (15) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Upon receipt of such list, each party shall alternately strike a name from the list until there is only one name. The party requesting arbitration shall strike the first name. The person remaining shall be the arbitrator. The arbitrator shall be notified of his selection and shall be requested to set a time and place for hearing, within sixty (60) days. b) The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the submission of the briefs by the parties, whichever is later. The parties may agree to waive this requirement. c) The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the VILLAGE and the UNION, provided however, that each party shall be responsible for compensating its own representatives and witnesses. d) The arbitrator shall have no right to amend, nullify, ignore, add to, take from or modify any of the provisions of this Agreement. The arbitrator shall consider and decide questions of fact as to whether there has been a violation, misinterpretation or misapplication of the provisions of this Agreement. The arbitrator shall have no authority to make a decision on any issue not submitted or raised. The parties shall have the right to request the arbitrator to issue subpoenas compelling the attendance of witnesses and the production of documents. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws or of rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the VILLAGE which are, under l...