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, it may, within ten (10) days after receipt of the decision, submit the grievance to arbitration by so notifying the Board in writing. The representatives of the Board and the Association shall, within (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, the American Arbitration Association shall immediately be called upon to select one. (b) The arbitrator selected shall confer promptly with the representatives of the Board and the Association, shall review the record of the prior meetings with the aggrieved person and other parties in interest and hold hearings as the arbitrator shall deem requisite. (c) The arbitrator shall render a decision in writing to all 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 provision of this Agreement which gave rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, or violates the terms of this Agreement. The Arbitrator’s decision will be binding, subject to judicial review.

Level Four - Impartial Arbitration. (a) a. If the Association aggrieved person is not satisfied with the disposition of the his/her grievance at Level Three, it he/she may, within ten three (103) days after the decision or within six (6) days after the Board of Directors meeting, request in writing to the President of the Association that his/her grievance be submitted to arbitration. b. The Association shall, within five (5) days after receipt of such request, if the decisionGrievance Committee formally determines that the grievance is meritorious and recommends such action, submit the grievance to arbitration by so notifying the Board in writing. . c. The representatives Chairman of the Board and the President of the Association shall, shall within five (105) 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 five (105) days, the American Arbitration Association shall immediately be called upon to select one. (b) d. The arbitrator selected shall confer promptly with the representatives representative of the Board and the AssociationGrievance committee, shall review the record of the prior meetings hearings, and shall hold such further hearings with the aggrieved person and other parties in interest and hold hearings as the arbitrator he shall deem requisite. (c) e. The arbitrator shall within thirty (30) days after his selection, render a his decision in writing to all 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 provision of this Agreement which gave rise to the dispute. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or which is contrary to law, or violates violative of the terms of this Agreement. The Arbitrator’s decision will be binding, subject to judicial review.f.