Formal Resolution, Level Four. 12.6.1 If the grievant is not satisfied with the solution or no decision has been made at Level Two, or if there is no resolution at Level Three, the grievant may request the Association to submit the grievance to arbitration. If the Association decides to submit the grievance to arbitration within thirty (30) days of when the Level II decision was made, the Association and the District shall attempt to agree on an arbitrator. If no agreement can be reached, they shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in conducting grievance arbitration hearings. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. 12.6.2 The fees and expense of the arbitrator in the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 12.6.3 The arbitrator shall, as soon as possible, hear evidence, and render a decision on the issue or issues submitted. 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. 12.6.4 The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement in the respect alleged in the grievance. The decision of the arbitrator shall be based upon the evidence and arguments presented to him/her by the respective parties and upon generally accepted rules of contract construction and interpretation. 12.6.5 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 clearly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of the Agreement may be utilized by the arbitrator in accordance with generally accepted rules of contract construction and application. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his/her opinion such decision or award is fair or equitable. 12.6.6 The decision of the arbitrator within the limits herein prescribed shall be binding upon the Association, the District, and the grievant. 12.6.7 Any dispute arising out of or in any way connected with either the existence of or the exercise of rights of the District is not subject to the grievance provisions set forth in this Article, unless the dispute is otherwise grievable under another Article of the Agreement.
Appears in 9 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
