Common use of STEP IV: Binding Arbitration Clause in Contracts

STEP IV: Binding Arbitration. 58.5.1 Employees subject to discharge or suspension will elect arbitration or the statutory process. 58.5.1 If no settlement is reached in Step III within the specified time limit, the Association may within fifteen (15) days submit a written request for arbitration and concurrently give written notification to the Superintendent of such request for arbitration. 58.5.2 The issue must involve the interpretation or meaning of the express provisions of the Agreement. 58.5.3 The parties shall jointly request the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) to submit a panel of arbitrators. When notification of the names of the arbitrators is received, the parties in turn shall have the right to strike a name from the panel until only one (1) name remains. The remaining person shall be the arbitrator. The right to strike the first name from the panel shall be determined by lot. 58.5.4 Arbitration proceedings shall be in accordance with the following: 58.5.4.1 The arbitrator shall hear and accept pertinent evidence submitted by both parties and shall be empowered to request such data as the arbitrator deems pertinent to the grievance and shall render a decision in writing to both parties within thirty (30) days (unless mutually extended) of the closure of the record. 58.5.4.2 The arbitrator shall be authorized to rule and issue a decision in writing on the issue presented for arbitration. The decision shall be final and binding on both parties. 58.5.4.3 The arbitrator shall rule only on the basis of information presented in the hearing and shall refuse to receive any information after the hearing except when there is mutual agreement between the District and the Association. 58.5.4.4 Each party to the proceedings may call such witnesses as may be necessary. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs within a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confirmed to and directed at the matters set forth in the grievance. 58.5.4.5 Each party shall pay any compensation and expenses relating to its own witnesses or representatives. 58.5.4.6 The Association and the District shall pay the compensation of the arbitrator, including necessary expenses in equal shares. 58.5.4.7 The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one-half of the stenographic costs. 58.5.5 All decisions arrived at under the provisions of this Article by the representatives of the District and the Association, or the arbitrator, shall be final and binding upon both parties, provided, however, in arriving at such decisions neither of the parties nor the arbitrator shall have the authority to alter this Agreement in whole or in part. 58.5.6 The signing of any grievance by any employee or representative of either the District or the Association shall not be construed by either party as a concession or agreement that the grievance constitutes an arbitable issue or is properly subject to the grievance machinery under the terms of this Article. 58.5.7 Notwithstanding the above provisions, disputes relating to the following shall not be subject to the provisions of this Article: 58.5.7.1 Reductions in Force 58.5.7.2 Probation and nonrenewal.