Common use of Level V: Binding Arbitration Clause in Contracts

Level V: Binding Arbitration. 5.7.1 The Association may submit the matter to arbitration by notifying the District in writing within fifteen (15) work days of the decision at Level III or if no written decision has been rendered within fifteen (15) work days after presentation of the grievance at Level III. The parties shall first attempt to agree upon an arbitrator. Should that not be achieved, the parties shall request a list of seven (7) arbitrators form the State Mediation and Conciliation Service. The Association and the District shall alternately strike one name until the name of a single arbitrator remains. Lots shall be drawn to decide which party strikes first. 5.7.2 The statement to the arbitrator shall include a copy of the original grievance, appeals at each level, decisions rendered at each level, and a clear concise statement of the reasons for the appeal. 5.7.3 The hearing shall be conducted in a timely manner. 5.7.4 The decision of the arbitrator shall be in writing and will set forth her/his findings, reasoning, and conclusions on the issue(s) submitted. 5.7.5 The decision of the arbitrator shall be final and binding. 5.7.6 All costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence expenses, cost of any hearing room, court reporter and transcript costs will be borne equally by the parties to the grievance. The parties shall pay their own costs for representation. 5.7.7 Nothing in the foregoing shall be construed to empower the arbitrator to make any decisions amending, changing, subtracting from, or adding to the provisions of this Agreement, or empower the arbitrator to render any decision or make an adjustment which is contrary to law.