Common use of Level Five - Arbitration Clause in Contracts

Level Five - Arbitration. If the grievant is not satisfied with the decision of the Board, the Association may, within ten (10) days of the receipt of the Board’s decision, serve notice to the Board of intent to submit the grievance to binding arbitration. Within fifteen (15) days of receipt of the notice from the Association requesting arbitration and following the toss of a coin, the District and the Association shall alternately strike two (2) names from the list of arbitrators provided by the Oregon Employment Relations Board. The remaining name shall be that of the arbitrator, who shall set a time and place for a hearing that is agreeable to both parties. The parties agree to set a date for the arbitrations hearing within thirty (30) calendar days, subject to the availability of the arbitrator. The arbitrator shall hear argument of all parties and render a decision. This decision shall be binding on all parties. A grievance may be submitted for arbitration only by the Association and not by an employee or group of employees. The arbitrator shall not substitute his/her judgment for that of the District except as expressly provided for by this agreement. The power of the arbitrator shall be limited to interpreting this agreement and determining if the disputed portion has been violated.