AVSTA CSEA-CONTRACT-April 12, 2023

20.4.3 Level III – Arbitration:

20.4.3.1

A grievance which is not settled pursuant to Level II, and which the Association desires to contest further, and which involves the interpretation or application of the express terms of this Agreement, shall be submitted to arbitration as provided in the Article; but only if the Association gives written notice to this Agency of its desire to arbitrate the grievance within ten (10) days after the termination of Level II. It is expressly understood that the only matters which are subject to arbitration are grievances which were processed and handled in accordance with the grievance procedure described heretofore in this Article. The provisions of Article I, Recognition; the Agency Rights set forth in Article XXV; the provisions of Article XXVI, Concerted Activities; Article VI, Pay and Allowance; and Article IX, Employee Benefits, are specifically excluded from arbitration under the provision of this Article. Notwithstanding a timely written notice requesting arbitration, the parties may continue to discuss the grievance in an effort to resolve the same and may mutually agree to seek the services of a mediator to help in that effort. As soon as possible, and in any event no later than ten (10) working days after the Agency receives written notice of the Association’s desire to arbitrate, the parties shall attempt to agree upon an arbitrator. If no agreement is reached within said ten (10) working days the arbitrator shall be selected from a list of five (5) provided by the State Mediation and Conciliation Service identified as having experience working with educational agencies. Each party will alternatively strike from the list until one name remains. The order of striking will be determined by lot. If the arbitrator selected indicates that he/she will not be available for hearing within a reasonable time not exceeding sixty (60) calendar days the parties shall proceed to select another arbitrator from the list obtained from the State Mediation and Conciliation Service, unless the parties mutually agree to hold the hearing outside of the sixty (60) days with the originally selected arbitrator. The arbitrator shall have no power to alter, mend, change, add to or subtract from any of the terms of this Agreement, but shall determine only whether there has been a violation of this Agreement in the respect alleged in the grievance. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. This Agreement constitutes a contract between the parties, which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement, as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement may be relevant evidence, but shall not be used so as to justify, or result in what is, in effect, a modification (whether by addition or detraction) of the written terms of this Agreement. The arbitrator shall not render any decision or fail to render any decision or award merely because, in his opinion, such decision or award is fair or equitable. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. The arbitrator shall have no power to change or establish salary structures.

20.4.3.2

20.4.3.3

20.4.3.4

20.4.3.5

20.4.3.6

The arbitrator will be without power or authority to make any decision which require the commission of an act prohibited by law or which is a violation of the

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