Common use of Step V - Arbitration Clause in Contracts

Step V - Arbitration. 1. Within ten (10) days after conclusion of mediation, the Union may submit a request to the Superintendent advancing the grievance to binding arbitration if the subject of the grievance is suspension or termination of an employee. An arbitrator shall be chosen through the Federal Mediation and Conciliation Service using its Voluntary Labor Arbitration Rules. The arbitrator’s award shall be final and binding on all parties 2. The cost of the arbitrator and the fees of the Federal Mediation and Conciliation Service using its Voluntary Labor Arbitration Rules shall be borne by the losing party. The arbitrator will specify in his/her award which is the loser. If the loser is not clearly stated or the award involves multiple issues which split the award, the cost shall be equally divided between the Board and the Union. 3. The arbitrator shall have no authority to add or subtract from, disregard, alter, modify any terms of this Agreement, nor shall he/she, make any decisions contrary to law. 4. The arbitrator may rule on any alleged violation of the procedures relating to unit member evaluations specifically outlined in this Agreement, but shall not substitute his/her judgment for that of the evaluator or administrator involved in the suspension or termination. If an alleged grievance is submitted to an arbitrator on which he/she determines that he/she has no authority to rule, it shall be referred back to both parties without decision or recommendation on its merits.

Step V - Arbitration. 1. Within ten (10) days after conclusion of mediation, the Union may submit a request to the Superintendent advancing the grievance to binding arbitration if the subject of the grievance is suspension or termination of an employee. An arbitrator shall be chosen through the Federal Mediation and Conciliation Service using its Voluntary Labor Arbitration Rules. The arbitrator’s award shall be final and binding on all parties 2. The cost of the arbitrator and the fees of the Federal Mediation and Conciliation Service using its Voluntary Labor Arbitration Rules shall be borne by the losing party. The arbitrator will specify in his/her their award which is the loser. If the loser is not clearly stated or the award involves multiple issues which split the award, the cost shall be equally divided between the Board and the Union. 3. The arbitrator shall have no authority to add or subtract from, disregard, alter, modify any terms of this Agreement, nor shall he/shethe arbitrator, make any decisions contrary to law. 4. The arbitrator may rule on any alleged violation of the procedures relating to unit member evaluations specifically outlined in this Agreement, but shall not substitute his/her their judgment for that of the evaluator or administrator involved in the suspension or termination. If an alleged grievance is submitted to an arbitrator on which he/she the arbitrator determines that he/she the arbitrator has no authority to rule, it shall be referred back to both parties without decision or recommendation on its merits.