Common use of Step Six: ARBITRATION Clause in Contracts

Step Six: ARBITRATION. (a) If the Union is not satisfied with the disposition of the grievance by the Superintendent of Schools, then within fifteen (15) calendar days from the date of receipt of the decision of the Superintendent of Schools, the grievance may be submitted to arbitration. (b) Absent mutual agreement on an arbitrator, the Union shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons. The representatives of the Board and the Union shall determine by lot the order of elimination, and thereafter each party shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person shall thereupon be accepted by both parties as the Arbitrator. (c) The Arbitrator shall not have the jurisdiction to add to, subtract from, or modify any of the terms of this Agreement or any written amendments hereof, or to specify the terms of a new Agreement, or to substitute his/her discretion for that of any of the parties hereto. (d) The Arbitrator, the Union or the Board may call any person as a witness in any arbitration hearing. (e) Each party shall be responsible for the expenses of the witnesses that they may call. (f) The fees and expenses of the Arbitrator shall be paid solely by the non-prevailing party. In cases where one party withdraws from arbitration after the deadline to do so without paying a fee, that party will be solely responsible for paying the fee. In cases where an agreement has been reached between the two parties and the services of the Arbitrator are no longer required, and the deadline has passed, the Arbitrator fee shall be equally divided. (g) The Arbitrator shall render his/her decision within thirty (30) calendar days from the date of the conclusion of the arbitration hearing. (h) The decision of the Arbitrator shall be final, conclusive and binding upon all Employees, the Board and the Union.

Step Six: ARBITRATION. (a) If the Union is not satisfied with the disposition of the grievance by the Superintendent of Schools, then within fifteen (15) calendar days from the date of receipt of the decision of the Superintendent of Schools, the grievance may be submitted to arbitration. (b) Absent mutual agreement on an arbitrator, the Union shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons. The representatives of the Board and the Union shall determine by lot the order of elimination, and thereafter each party shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person shall thereupon be accepted by both parties as the Arbitrator. (c) The Arbitrator shall not have the jurisdiction to add to, subtract from, or modify any of the terms of this Agreement or any written amendments hereof, or to specify the terms of a new Agreement, or to substitute his/her discretion for that of any of the parties hereto. (d) The Arbitrator, the Union or the Board may call any person as a witness in any arbitration hearing. (e) Each party shall be responsible for the expenses of the witnesses that they may call. (f) The fees and expenses of the Arbitrator shall be paid solely by the non-prevailing party. In cases where one party withdraws from arbitration after the deadline to do so without paying a fee, that party will be solely responsible for paying the fee. In cases where an agreement has been reached between the two parties and the services of the Arbitrator are no longer required, and the deadline has passed, the Arbitrator fee shall be equally divided.divided.‌ (g) The Arbitrator shall render his/her decision within thirty (30) calendar days from the date of the conclusion of the arbitration hearing. (h) The decision of the Arbitrator shall be final, conclusive and binding upon all Employees, the Board and the Union.