Common use of Level V - Arbitration Clause in Contracts

Level V - Arbitration. If the grievance consists of a claim that the agreement between the Association and the District has been violated, misinterpreted, misapplied, or applied unfairly, then the Association may have the matter submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association which shall act as the administrator of the proceeding. The cost of such arbitration shall be divided equally between the District and the Association. If the Superintendent does not receive a demand for arbitration within fifteen (15) days of the receipt of the written response required in Level IV then the grievance shall be deemed withdrawn. If arbitration is required no new evidence may be submitted to the arbitrator that has not been previously disclosed. The arbitrator shall have no power to alter the term of any agreement between the Association and the Board. The arbitrator shall, however, be empowered to include in any award such financial reimbursements or other remedies, as the arbitrator shall judge proper.