Common use of Level Four - Impartial Arbitration Clause in Contracts

Level Four - Impartial Arbitration. a. If the Association is not satisfied with the disposition of the grievance at Level Three, the Association may, within ten (10) days, submit the grievance to arbitration by so notifying the Superintendent in writing. b. The Board Chair or designee and the President of the Association or designee shall, within ten (10) days after such written 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 ten (10) days, they shall request the American Arbitration Association to utilize its rules and procedures for the selection of an arbitrator. c. The arbitrator selected shall confer promptly with the Board, representatives of the Association, and the arbitrator shall review the record of the prior meetings and shall hold such meetings with the aggrieved person and other parties in interest, as he/she shall deem requisite. d. The arbitrator shall, as soon as practicable after his selection, render his decision, in writing, to the parties in interest, setting forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power to add to, subtract from, or modify the provisions of this Agreement, and shall confine any decision to the meaning of the specific written contract provision which gives rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, interferes with the statutory duties of the Board, or violates the terms of this Agreement. The arbitrator's decision will be binding, subject to judicial review. e. The cost of the services of the arbitrator shall be borne equally by the Board and the Association consistent with the state statutes.

Level Four - Impartial Arbitration. a. If the Association is not satisfied with the disposition of the grievance at Level Three, the Association may, within ten (10) days, submit the grievance to arbitration by so notifying the Superintendent in writing. b. The Board Chair or designee and the President of the Association or designee shall, within ten (10) days after such written 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 ten (10) days, they shall request the American Arbitration Association to utilize its rules and procedures for the selection of an arbitrator. c. The arbitrator selected shall confer promptly with the Board, representatives of the Association, and the arbitrator shall review the record of the prior meetings and shall hold such meetings with the aggrieved person and other parties in interest, as he/she shall deem requisite. d. The arbitrator shall, as soon as practicable after his selection, render his decision, in writing, to the parties in interest, setting forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power to add to, subtract from, or modify the provisions of this Agreement, and shall confine any decision to the meaning of the specific written contract provision which gives rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, interferes with the statutory duties of the Board, or violates the terms of this Agreement. The arbitrator's decision will be binding, subject to judicial review. e. The cost of the services of the arbitrator shall be borne equally by the Board and the Association consistent with the state statutes.