Common use of Binding Arbitration Pilot Clause in Contracts

Binding Arbitration Pilot. The District and the Union Agree to a pilot of three years (3) of binding arbitration to replace advisory arbitration in Article 17, which shall begin the first business day after adoption of the successor Agreement by the Governing Board. Immediately upon expiration of the three-year period, the Binding Arbitration Pilot will automatically sunset and the award of arbitration will again be advisory unless the parties mutually agree through negotiations to continue binding arbitration. “Year” for the purposes of this Article means 365 calendar days. Binding Arbitration shall be available only with regard to disputes that are otherwise subject to grievance through Level III (Arbitration) pursuant to Article 17 (Grievances) and Article 25 (Discipline). Access to binding arbitration shall be further limited as follows: Tenure-track and tenured faculty. For the purposes of the Binding Arbitration Pilot issues relating to permanent (i.e., tenure-track and tenured) faculty will be eligible for binding arbitration, except that nothing related to the Tenure Review process shall be subject to binding arbitration. Temporary faculty. For the purposes of the Binding Arbitration Pilot. All contract disputes pertaining to Article 19.2 shall be subject to advisory arbitration only. All other matters pertaining to non-permanent employees under Article 19 will be eligible for binding arbitration for part-time faculty members, only if the temporary faculty member has received two (2) consecutive satisfactory evaluations or has been given an assignment for eight (8) semesters with no negative evaluations. The number of grievances eligible for binding arbitration shall be capped at three per year during this pilot period.