Level 4 – Arbitration Clause Samples
The Level 4 – Arbitration clause establishes that disputes unresolved through prior negotiation or mediation steps must be settled by binding arbitration. In practice, this means that if parties cannot resolve their disagreement through earlier dispute resolution mechanisms, they are required to submit the matter to an impartial arbitrator or arbitration panel, whose decision will be final and enforceable. This clause ensures that conflicts are resolved efficiently outside of court, providing a clear, structured process for dispute resolution and reducing the time and costs associated with litigation.
Level 4 – Arbitration a) If the grievance is either not resolved in mediation or the District and/or Association elects to waive the mediation level, the Association, within ten (10) days of receipt of the notice to waive mediation or the final mediation session, may submit the grievance to final and binding arbitration. In such cases, the parties shall first attempt to select a mutually agreeable arbitrator. If they are unable to agree on an arbitrator, the Association shall request a list of arbitrators from the California State Mediation and Conciliation Service.
b) Representatives of the Association and the District's representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) days of the receipt of the list by both parties.
c) Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to working days, unless mutually agreed otherwise.
d) The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. The arbitrator's award shall be final and binding on both parties.
e) If any question arises as to the arbitrability of the grievance, such questions will be ruled upon by the arbitrator at the time the grievance is heard. The arbitrator shall have no authority to add to, subtract from, or modify the terms of this Agreement, and the arbitrator shall interpret this Agreement in accordance with accepted arbitral standards of contractual interpretation.
f) If any party requests a transcript of the proceedings, that party shall bear the full cost for that transcript. If both parties request one transcript, the cost of the transcript shall be divided equally between the District and the Association.
g) The arbitrator's decision will be in writing and will set forth the arbitrator's 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 violates the terms of this Agreement. A copy of the award will be submitted to the Superintendent, the aggrieved, and the Association.
h) All costs for the services of the arbitrator, including, but not limited to, per diem expenses, th...
Level 4 – Arbitration. 409 If the grievant is not satisfied with the disposition at Level 2 or the time limits 410 expire without the issuance of the Superintendent’s written reply, the Association 411 may, within ten (10) working days, submit the grievance to arbitration. The 412 parties to the arbitration are the District and the Association. The Association 413 shall submit the notice of intent to arbitrate in writing to the Superintendent and 414 Assistant Superintendent of Personnel Services within ten (10) working days after 415 receiving the Superintendent/designee’s Level 2 decision (or if no Level 2 416 decision is provided within ten (10) working days after the Level 2 response due 417 date). At the request of either party, a certified shorthand reporter shall be 418 employed to personally record verbatim the entire hearing. The parties shall share 419 equally the cost of the reporter. If either party desires a transcript, that party shall 420 pay the cost of the transcript.
Level 4 – Arbitration. If the grievance is not resolved at Level 3, the grievant or the grievant’s designated representative may ask the Oregon Employment Relations Board to submit a panel of five (5) names. Such listing shall include names of known arbitrators who are members of the American Arbitration Association, and who reside within the state of Oregon. The arbitrator shall be selected from the panel by mutual agreement or by the designated representatives of the Association and the Board, each alternately striking a name from the list until one (1) shall remain. The arbitrator whose name remains on the list shall be considered selected. The order of the striking of names shall be determined by a flip of coin. As an alternative to requesting a list, the parties may mutually agree upon any arbitrator they choose. The arbitrator chosen from the list to hear the case shall schedule a hearing and deliver a decision writing thirty (30) days of the closure of the hearing. The arbitrator’s decision shall be in writing and set forth the finding of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement, or to substitute their judgment for that of the specific terms of this Agreement. Nor shall the arbitrator add to, subtract from, modify or amend any terms of this Agreement. The decision of the arbitrator shall be submitted to the parties and shall be final and binding on the parties. The Board and the Association will share equally the costs of the arbitration procedure including the fee and expense of the arbitrator and the cost of the hearing room. In cases where the grievant(s) pursue a grievance to arbitration without the support of the Association, the Association would not be held accountable for costs resulting from such grievance proceedings and the grievant would share the cost of the arbitration procedure including the fee and expense of the arbitrator and the cost of the hearing room with the District.
Level 4 – Arbitration. If the grievant is not satisfied with the decision at Level 3, or the 284 time limits expire without the issuance of the Superintendent’s 285 written reply, the Union may, within ten (10) working days, 286 submit the grievance to arbitration. The parties to the arbitration 287 are the Union and the District. The notice of intent to arbitrate 288 shall be submitted in writing to the Superintendent and the 289 Assistant Superintendent of Human Resources within ten (10) 290 working days of the Superintendent’s Level 3 decision
Level 4 – Arbitration. If the grievance remains unresolved the Union shall have the right to submit the matter to arbitration. In the event the Union elects to do so, it must notify the Chief Operating Officer of its decision in writing within twenty-one (21) calendar days from the date of submission to Level 3. After the grievance has been so submitted, the Union shall request a list of five (5) arbitrators from the State of Oregon Mediation and Conciliation Service within 30 calendar days of stating their intent to advance the grievance to arbitration. Upon receipt of the list of arbitrators, the parties will strike names within fourteen (14) calendar days. The parties shall select an arbitrator by mutual agreement or alternate striking of names with the Union proceeding with the first strike. The final name left on the list shall be the arbitrator, and shall be contacted by the parties to set a hearing. The parties will make best efforts to schedule arbitration within six (6) months of selecting an arbitrator. Requesting arbitration shall not prohibit the parties also requesting grievance mediation at the same time. Any mediation shall be mutually agreeable to the parties.
Level 4 – Arbitration. 9.6.1 Within ten (10) working days after receipt of the Superintendent/designee decision, the aggrieved may request in writing to the Union, the grievance be submitted to advisory arbitration.
9.6.2 The Union, by written notice to the Superintendent within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to advisory arbitration. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator first, prior to hearing the merits of the grievance. If the arbitrator determines that the grievance is not subject to the arbitration, there shall be no further hearing on the merits of the grievance.
9.6.3 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within twenty (20) days of the Union's or District’s submission of the grievance to arbitration, submission of the grievance shall be made to the American Arbitration Association for the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of the American Arbitration Association.
9.6.4 The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted.
Level 4 – Arbitration. If the Personnel Officer's decision in the matter is not satisfactory to Union, the Union may submit a letter of intent to appeal the grievance to arbitration within ten (10) working days of the receipt of the Personnel Officer's decision. The parties will attempt to mutually agree upon an arbitrator. In the event the parties are unable to agree upon an impartial arbitrator within ten (10) working days after its referral to arbitration, then an appointment shall be made in accordance with the following:
Level 4 – Arbitration. 12.6.1. Upon timely written request by the Association, but in no event later than 21 calendar days after the conclusion of Level 3, Article 12.5, the matter may be submitted to arbitration. The parties may mutually agree on an arbitrator or request a list of seven (7) arbitrators with experience in California public school labor relations from the California State Mediation and Conciliation Service (SMCS) in accordance with SMCS procedures. The arbitrator or shall be chosen by allowing each party in turn to strike out one (1) name until only one (1) name remains. The determination of the party to strike first shall be by lot.
12.6.2. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and by the Association. All other expenses shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence on the issue(s) submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
12.6.3. Within thirty (30) days after conclusion of the hearing, the arbitrator shall render an award in writing to the parties in interest. Such award shall be binding on all parties in interest.
Level 4 – Arbitration. If the grievant is not satisfied with the decision of the Superintendent or the Superintendent failed to respond to the grievant within thirty
Level 4 – Arbitration. If the grievant is not satisfied with the decision rendered by the School Board, he/she shall notify the Association within five (5) days of receipt of the School Board's decision, or, if none, within five (5) days after the deadline for the School Board to issue its written decision. If the Association determines that the matter should be arbitrated, it shall so advise the Superintendent in writing within ten (10) days after receipt of the grievant's request. The Superintendent and the Association will attempt to agree upon a mutually satisfactory third party to serve as an arbitrator. If no agreement is reached within ten (10) days following receipt of the request for arbitration, either the Superintendent or the Association may request the American Arbitration Association, pursuant to its rules, to submit to the Association and the Superintendent rosters of persons qualified to function as an arbitrator. The arbitrator selected shall conduct the arbitration proceeding in accordance with the labor arbitration rules of the American Arbitration Association, as well as render his/her decision within the time period set forth in the same. This decision shall be binding on both parties and thus shall constitute the basis for settlement of the dispute. The arbitrator shall have no power to add to, delete from, or otherwise modify the terms of this Agreement. The cost of services of the arbitrator, including, if any, per diem expenses and actual and necessary travel and subsistence expenses, will be shared equally by the Board and the Auburn Education Association. Failure to communicate the decision on a grievance within the above-specified time limits shall permit the grievant to proceed to the next level. Failure in any step of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed a waiver of future appeal of this decision and will be considered acceptance of the decision rendered. Whenever any representative of the Auburn Education Association or the grievant under this procedure is required by New Hampshire Public Employee Relations Board proceedings, or grievance-related activities under this article, to appear at a specific time, and the designated time is in conflict with regular school working hours, such person shall suffer no loss of pay. All documents, communications and records dealing with the processing of a grievance or any part of the Agreement shall be filed separately from the personnel files o...