Common use of Level Four - Binding Arbitration Clause in Contracts

Level Four - Binding Arbitration. a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered thereon within thirty (30) calendar days after the grievance was delivered to the Board of Education, and in the event the subject of the grievance pertains to an alleged violation of this Agreement as to terms and conditions of employment, the Association may submit the grievance to an impartial arbitrator pursuant to the Rules of the Public Employment Relations Commission within twenty (20) calendar days following receipt of the Board’s decision or expiration of the decision rendering period. b. The decision of the arbitrator shall be in writing and shall set forth his or her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by or violative of any law, or which is violative of the terms of this Agreement. The arbitrator shall have no power or authority to add to nor to subtract from or to modify any of the terms of the Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be binding on all parties. c. The cost for the services of an arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring the same.