Common use of Step IV – Formal Clause in Contracts

Step IV – Formal. a. If the Association is not satisfied with the disposition at Step III, it may request that the issue be submitted to arbitration within ten (10) days after receipt of the Superintendent’s written disposition of the grievance. b. The arbitrator shall be selected by mutually requesting a list of seven (7) names from the American Arbitration Association (AAA). Either party may request a second list. The parties shall alternately strike a name from the list until a single name remains. The first party to strike a name shall be decided by a flip of a coin. The final name shall be designated as the arbitrator. All other procedures relative to the hearing shall be according to the rules and regulations of the AAA. c. The arbitrator shall hold the necessary hearing(s) promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy shall be sent to all parties at the hearing. d. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this agreement, nor add to, detract from or modify the language therein in arriving at a determination of any issue presented. e. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. The decision of the arbitrator shall be binding. f. The cost for the arbitration shall be shared equally by the Board and the Association.