Common use of Level Five – Formal Clause in Contracts

Level Five – Formal. a. If the grievant is not satisfied with the disposition at Level Four or if no written decision has been made within ten (10) workdays following the Level Four meeting, the grievant may, within ten (10) additional workdays, request in writing to the Association that the grievance be submitted to advisory arbitration. b. In the event the Association chooses to take the grievance to advisory arbitration, the Association and the Chancellor, or his or her designee, shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request through the California State Mediation and Conciliation Service’s automated Panel of Arbitrators Selection System (PASS) to generate a random list of arbitrators based on criteria indicated in the parties’ request. If the request does not specify the number of arbitrator names, a list of seven will be issued. Each party shall alternately strike a name until only one name remains. The order of striking shall be determined by lot. The remaining name shall be that of the arbitrator. If the arbitrator will not be available for the hearing within a reasonable time not to exceed sixty (60) days, the parties shall secure another list and repeat the selection unless they mutually agree to waive this time provision.

Level Five – Formal. a. If the grievant is not satisfied with the disposition at Level Four or if no written decision has been made within ten (10) workdays following the Level Four meeting, the grievant may, within ten (10) additional workdays, request in writing to the Association that the grievance be submitted to advisory arbitration. b. In the event the Association chooses to take the grievance to advisory arbitration, the Association and the Chancellor, or his or her their designee, shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request through the California State Mediation and Conciliation Service’s automated Panel of Arbitrators Selection System (PASS) to generate a random list of arbitrators based on criteria indicated in the parties’ request. If the request does not specify the number of arbitrator names, a list of seven will be issued. Each party shall alternately strike a name until only one name remains. The order of striking shall be determined by lot. The remaining name shall be that of the arbitrator. If the arbitrator will not be available for the hearing within a reasonable time not to exceed sixty (60) days, the parties shall secure another list and repeat the selection unless they mutually agree to waive this time provision.