Common use of Formal Resolution Clause in Contracts

Formal Resolution. Arbitration 21.6.1 If the grievant is not satisfied with the decision of the grievance at Level Three or if a written decision has not been rendered by the Board of Education within ten (10) days, the grievant may request in writing to the Association that the dispute be submitted to arbitration. This request shall be made within ten (10) days of the decision rendered by the Board of Education or with ten (10) days of the date by which the written decision should have been received by the Association. 21.6.2 If, after consideration, the Association decides to submit the dispute to arbitration, the following process shall ensue: A. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of submission of the grievance to arbitration, they shall request the State Mediation and Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. B. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. 21.6.3 The decision of the arbitrator shall be final and binding. 21.6.4 The fees and expenses of the arbitrator shall be borne equally by the District and the Association. The cost of a hearing room shall be borne equally, and be mutually agreed to by the District and the Association. All other costs shall be borne by the party incurring them.