Common use of Level D Clause in Contracts

Level D. If the grievance remains unsettled the parties may refer the unsettled grievance to Arbitration. If the matter is referred to Arbitration, then the parties shall first attempt to agree upon a mutually acceptable arbitrator. If the parties cannot agree upon an arbitrator, then they shall apply to the American Arbitration Association to name an arbitrator under the rules and procedures then effective in obtaining such service. The arbitrator shall use his/her best efforts to arbitrate the grievance, but he/she shall have no power or authority to do other than interpret this agreement and he/she shall have no power to add to, subtract from, alter, and/or modify any of the said provisions. The arbitrator shall thereafter submit a decision to both parties. The decision shall be binding on both parties. The parties shall share equally in the compensation and expenses of the arbitrator. Both parties shall retain common law rights to pursue an appeal of an arbitrator’s decision to the court.