Common use of Level 4 – Arbitration Clause in Contracts

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.

Appears in 2 contracts

Sources: Employer Employee Relations Agreement, Employer Employee Relations Agreement