Common use of Formal Level 4 Clause in Contracts

Formal Level 4. (a) If the Association proceeds to advisory arbitration, it shall notify the District in writing. The District and the Association shall then jointly request a list of five arbitrators from the California Conciliation Service. The District and the Association shall then alternately strike names from that list and the person remaining shall be selected as the arbitrator. (b) The arbitrator's decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be advisory upon the parties. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. (c) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, his/her travel and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association, except if Board overturns recommendation it shall bear all costs. All other costs, except for released time for the grievant(s), Association representative(s) and witnesses will be borne by the party incurring them. (d) If any question arises as to the arbitrability of the grievance, the answer shall be determined by the arbitrator.

Formal Level 4. (a) If the Association proceeds to advisory arbitration, it shall notify the District in writing. The District and the Association shall then jointly request a list of five arbitrators from the California Conciliation Service. The District and the Association shall then alternately strike names from that list and the person remaining shall be selected as the arbitrator. (b) The arbitrator's decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be advisory upon the parties. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. (c) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, his/her travel and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association, except if Board overturns recommendation it shall bear all costs. All other costs, except for released time for the grievant(s), Association representative(s) and witnesses will be borne by the party incurring them. (d) If any question arises as to the arbitrability of the grievanceg rievance, the answer shall be determined by the arbitrator.