Common use of Level Four - Impartial Arbitration Clause in Contracts

Level Four - Impartial Arbitration. a) If the aggrieved is not satisfied with the disposition of the grievance at Level Three, he/she may, within five (5) days of receipt of the Board's response, submit the grievance to arbitration by so notifying the Board in writing. b) The Chair of the Board and the President of the Association shall, within five (5) days after such notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within five (5) days, the American Arbitration Association shall be called upon to utilize its procedures for the selection of an arbitrator. c) The arbitrator shall confer promptly with representatives of the Association, representatives of the Board, and the aggrieved; review the record of the prior hearings; and hold such further hearings with the aggrieved and other parties in interest as he/she shall deem requisite. d) The arbitrator shall, within thirty (30) days after the hearing, render his/her decision in writing to all parties in interest, setting forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or that is violative of the terms of this Agreement. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement, or to impose on any party a limitation or obligation not explicitly provided for in this Agreement. e) The cost of the services of the arbitrator shall be borne equally by the Board and the Association.

Level Four - Impartial Arbitration. a) If the aggrieved Association is not satisfied with the disposition of the grievance at Level Threelevel three, he/she the Association may, within five three (53) working days of receipt of the Board's ’s response, submit the grievance to arbitration by so notifying the Board in writing. b) . The Chair of the Board and the President of the Association or their designees shall, within five ten (510) working days after such notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within five (5) working days, the American Maine Board of Arbitration Association and Conciliation shall be called upon to utilize its procedures for the selection of an arbitrator. ca) The arbitrator shall confer promptly with the representatives of the Association, representatives of the Board, and the aggrieved; , shall review the record of the prior hearings; , and hold such further hearings with the aggrieved and other parties in interest as he/she he shall deem requisite. d) . The arbitrator shall, within thirty (30) calendar days after the hearing, render his/her his decision in writing to all parties in interest, setting forth his/her his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that which requires the commission of an act prohibited by law or that which is violative in violation of the terms of this Agreement. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement, or to impose on any party a limitation or obligation not explicitly provided for in this Agreement. e) . The cost of the services decision of the arbitrator shall be borne equally by submitted to both parties and shall be final and binding on the Board and the Associationparties, subject only to judicial review.