Common use of Fifth Step Clause in Contracts

Fifth Step. If the grievance is not resolved satisfactorily within five (5) days after consideration by the Board, there may be a fifth step of arbitration. The Union may submit, in writing, a request to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator selected by the two parties from a panel of seven (7) arbitrators requested from the Federal Mediation and Conciliation Service (FMCS). Each of the two parties will alternatively strike one name at a time from the panel until only one remains. The remaining name shall be the arbitrator. The party who strikes the first name shall be determined by a coin toss. The decision of the arbitrator will be binding on the parties. Expenses for the arbitrator's services and the expenses which are common to both parties to the arbitration shall be born equally by the Board and the Union. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His/her authority shall be strictly limited to ruling on the issue or issues presented to him/her in writing by the Board and the Union and his/her decision must be based solely upon his/her interpretation of the meaning or application of the expressed relevant language of the Agreement.