Common use of Step 4—Binding Arbitration Clause in Contracts

Step 4—Binding Arbitration. If the Association, representing the grievant, is not satisfied with the Step 3 decision, or if the time limits at Step 3 expire without the issuance of the Board's written decision, and provided the grievance derives directly from an application or interpretation of a specific provision of this contract, then the Association representing the grievant may submit the grievance to final and binding arbitration, under the Voluntary Labor Arbitration Rules. If a request for arbitration is not filed within ten (10) calendar days of the date required for the Board's reply at Step 3, then the grievance will be deemed to be withdrawn. The person of an arbitrator shall be selected by mutual agreement between the Board or its designated representative and the Association or its designated representative, unless the Association indicates in writing a desire to be disassociated from the appeal. If the Association so indicates, agreement upon the person of an arbitrator shall be between the Board and the grievant. Should the parties be unable to agree upon an arbitrator within ten (10) days from the request for arbitration, then an arbitrator shall be requested by the Association within ten (10) days from the American Arbitration Association under the Voluntary Labor Arbitration Rules. If not so requested, the grievance shall be deemed to be withdrawn. The arbitrator shall have no power to alter the terms of this Agreement. However, the arbitrator is empowered to include in any award financial reimbursements or other remedies as he/she judges to be proper, excluding punitive damages. Each party shall bear the full costs of its representation in arbitration. The cost of the arbitrator and the American Arbitration Association fees will be divided equally between the parties. Should either party request a transcript of the proceedings, that party shall bear the full cost of such transcript. If both parties desire transcripts, then the cost of the two (2) transcripts will be divided equally between both parties.