Common use of Four Clause in Contracts

Four. If, at this point, the grievance has not been satisfactorily settled, either party hereto shall have the right to submit such grievance to arbitration by the American Arbitration Association in accordance with its Voluntary Labor Arbitration Rules, then obtaining, provided such submission is made within fifteen (15) calendar days after receipt by the union of the Chief Executive Officer or his/her designee’s Third Step answer. If the grievance has not been submitted to arbitration, or a letter to the Administration by the Union indicating an intent to arbitrate, within said fifteen (15) calendar day period, it shall be considered as being withdrawn by the Union. The arbitrator shall have no authority to add to, subtract from, change, or modify any provisions of this Agreement, but shall be limited solely to the interpretation and application of the specific provisions contained herein. However, nothing herein contained shall be construed to limit the authority of an arbitrator, in his own judgment, to sustain, reverse or modify any alleged unjust disciplinary action or discharge that may reach this stage of the grievance procedure. The decision of the arbitrator shall be final and binding upon the parties hereto. The expense and fees of the arbitrator and the American Arbitration Association shall be shared equally by the Employer and the Union.