Common use of Fifth Step Clause in Contracts

Fifth Step. If, at this point, the grievance has not been satisfactorily settled, the Union shall have the right to submit the grievance to arbitration by the Michigan Employment Relations Commission, provided, such submission is made within twenty (20) calendar days after receipt by the Union of the Employer's fourth step answer. If the grievance has not been submitted to arbitration within twenty (20) calendar days, it shall be considered as being null and void. The arbitrator shall have no authority to add to, subtract from, change, or modify any of the provisions of this Agreement but shall be limited to the interpretation and application of the specific provisions contained herein. However, nothing herein contained shall be construed to limit the authority of the arbitrator, in his own judgment, to sustain, reverse, or modify any alleged unjust discipline or discharge that may reach this step of the grievance procedure if he is of the opinion that justice will be best served by so doing. The arbitrator shall conduct his/her affairs and all proceedings in accordance with the rules as set forth by the Michigan Employment Relations Commission. The decision of the arbitrator shall be final and binding upon the parties hereto. The expenses and fees of the arbitrator shall be paid by the non-prevailing party. Any cancellation fees incurred before the arbitration begins shall be equally shared between the parties. (a) It is understood and agreed that the arbitration procedure hereinabove set forth shall be the exclusive and only method available to the union or the employees for the adjudication of any issues that may arise between the parties relative to the meaning, interpretation, and application of this Agreement.