Common use of Level Three - Formal Clause in Contracts

Level Three - Formal. If the grievant is not satisfied with the disposition of the grievance at Level Two, the grievant (through the Association) may request a hearing before an arbitrator. The request for arbitration shall be made within ten (10) days following receipt of the disposition of the grievance in Level Two. The request for arbitration shall be made in writing to the Superintendent. Within ten (10) days following receipt by the Superintendent of the request for arbitration, the Board or its designated representative and the grievant shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of arbitrators. Arbitrators will be selected as follows: a. A mutual request for a list of seven (7) names shall be submitted to the AAA. It shall be specified within the request that no less than three (3) arbitrators named by the AAA shall be from Ohio. Each party may request one (1) additional list. b. The list of seven (7) names shall be reduced to one (1) by the alternate- strike method. The party striking the first name shall be determined by a toss of a coin. Once the arbitrator has been selected, he/she shall proceed with the arbitration on the grievance in accordance with the Voluntary Labor Arbitration Rules of the AAA. Arbitrator shall have the authority to consider only a single grievance. 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 a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this Collective Bargaining Agreement, nor add to, detract from, or modify the language therein, in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted to him/her, and to submit observations or declarations of opinion which are directly essential in reaching the determination. The costs for arbitration shall be shared equally by the Board and the Association.