Common use of Level Five - Arbitration Clause in Contracts

Level Five - Arbitration. If the grievant is not satisfied with the disposition at Level Three or if the issue is not resolved at Level Four, then they may initiate this Level Five procedure. The Association and the aggrieved may refer the grievance to an arbitrator by giving notice to the Superintendent and/or the Board of its desire to do so. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on all parties. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The arbitrator shall in no way interfere with management prerogative involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The costs for arbitration shall be shared equally by the Board and the Association.