Common use of Formal Level Three Clause in Contracts

Formal Level Three. If the grievance is not resolved satisfactorily at Level Two, the grievance may be submitted to impartial, non-binding arbitration. To enter such arbitration, the Association shall submit a written request on behalf of the Association and the grievant(s) to the Superintendent within twenty-five (25) days from receipt of the Level Two response. The arbitrator shall be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach an agreement on an arbitrator within seven (7) days, the American Arbitration Association shall be requested to provide a panel of at least seven (7) arbitrators from which a selection shall be made by a mutual striking of names within ten (10) days of receipt of the list. Either party may reject an entire list once before having to strike names. The costs for the services of the arbitrator and the cost of the hearing room shall be borne equally by the District and the Association. Expenses relating to either party’s representatives or witnesses, and other expenses incurred by either party in presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at the request of either party; however, the party requesting the copy of the transcript or recording shall pay for such copy. The arbitrator is so selected shall hold hearing(s) unless such hearing(s) are waived, and shall issue his/her decision not later than thirty (30) days from the date of the close of the hearing(s). The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented and the decision must be based solely and only upon an interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be advisory only and binding neither on the Board nor on the Association.

Formal Level Three. If the grievance is not resolved satisfactorily at Level Two, the grievance may be submitted to impartial, non-binding arbitration. To enter such arbitration, the Association shall submit a written request on behalf of the Association and the grievant(s) to the Superintendent within twenty-five (25) days from receipt of the Level Two response. The arbitrator shall be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach an agreement on an arbitrator within seven (7) days, the American Arbitration Association shall be requested to provide a panel of at least seven (7) arbitrators from which a selection shall be made by a mutual striking of names within ten (10) days of receipt of the list. Either party may reject an entire list once before having to strike names. The costs for the services of the arbitrator and the cost of the hearing room shall be borne equally by the District and the Association. Expenses relating to either party’s representatives or witnesses, and other expenses incurred by either party in presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at the request of either party; however, the party requesting the copy of the transcript or recording shall pay for such copy. The arbitrator is so selected shall hold hearing(s) unless such hearing(s) are waived, and shall issue his/her decision not later than thirty (30) days from the date of the close of the hearing(s). The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented and the decision must be based solely and only upon an interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be advisory only and binding neither on the Board nor on the Association.