Binding Arbitration – Level V Clause Samples

Binding Arbitration – Level V. (a) If a satisfactory disposition of the grievance is not made as a result of the preceding procedure, the grievance may be submitted by the claimant / Association to either the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association who will act as administrator of the proceedings. Such submission must be made within twenty (20) school days from the date of the receipt of the Level IV decision. (b) The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any terms of this Agreement. (c) The arbitrator shall have no power to change any practice, policy or rule of the Board. His/her powers shall be limited to deciding whether there has been a violation, misinterpretation or misapplication of the Articles of this Agreement which is at issue. (d) The decision of the arbitrator shall be binding upon the parties of this Agreement. (e) The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for the expense of witnesses called by the other.