Common use of Third Formal Step Clause in Contracts

Third Formal Step. If the aggrieved is not satisfied with the disposition of the grievance at the second formal step, they may, within ten (10) days after receipt of the disposition from the second formal step, submit the grievance to arbitration by the Federal Mediation and Conciliation Service (FMCS) whose rules and regulations shall likewise govern the proceedings. Notification of intent to appeal a grievance to arbitration shall be submitted in writing to the Superintendent. Unless contrary to law, the decision of the arbitrator shall be final and binding upon the Board, the Association, and any employee involved in the matter. The arbitrator shall not add to, alter or delete from the terms of this Agreement. In cases where the procedural arbitrability of an issue is questioned, the matter of arbitrability shall be ruled upon by the arbitrator in an expedited fashion prior to hearing any evidence or issuing any ruling on the merits of the issue. The arbitrator shall be selected in accordance with rules of FMCS. Neither party shall have the authority to independently designate an arbitrator. The cost for the services of the arbitrator will be borne equally by the Board and the Association.