Common use of Step Five – Arbitration Clause in Contracts

Step Five – Arbitration. i. Any grievance which has not been satisfactorily adjusted under the Grievance Procedure may be submitted for arbitration by the Union within forty-five (45) days of the President’s Step Four decision. ii. The Union, within the aforesaid forty-five (45) period, may request a list from the American Arbitration Association and selection shall be made in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. Nothing shall preclude the parties from mutually agreeing upon an arbitration. In either case, arbitration will be conducted in accordance with the Rules of the American Arbitration Association. iii. The procedure for arbitration shall be as follows: a) The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. b) In the event the parties cannot agree upon a stipulated issue, the Arbitrator shall have the authority to frame the question(s) submitted for arbitration, to make an award and to fashion an appropriate remedy. In the event the question before the Arbitrator is the arbitrability of the asserted grievance, the Arbitrator shall first decide that issue and determine whether to hear the substance of the case. The Arbitrator shall not be automatically disqualified from hearing the substance of the case by reason of determining arbitrability. c) Each party shall bear the expense of preparing and presenting its own case. The compensation and expenses of the Arbitrator shall be borne equally by the parties. d) The decision of the Arbitrator shall be final and binding. However, both parties shall retain whatever rights they have under the law to challenge the decisions of the Arbitrator to the New Hampshire Public Employee Labor Relations Board. e) Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance.