Common use of Level IV - Arbitration Clause in Contracts

Level IV - Arbitration. 16.6.1 If the Association is not satisfied with the decision at Level III, the grievant shall within thirty (30) days after receiving the decision submit a written request (Appendix E) to the Superintendent or designee for arbitration. 16.6.2 If the Association decides to submit the grievance to arbitration, the Association and the District shall attempt to agree upon an arbitrator. The order of the striking shall be determined by lot. 16.6.3 The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 16.6.4 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 16.6.5 The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. 16.6.6 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her award, which shall be binding.