Common use of Level V Clause in Contracts

Level V. The arbitration shall be conducted in accordance with the Voluntary Arbitration Rules of the American Arbitration Association (AAA) and the provisions of this procedure. However, upon the mutual agreement of the District and the Association, the arbitration may proceed under the Expedited Rules of the AAA. The arbitrator shall be selected from a list provided by the AAA by eliminating names until only one (1) name remains. The one (1) remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) working days of receipt by both parties of the AAA list. The arbitrator shall have no power to alter, amend, add to, subtract from, or disregard any of the terms of this Agreement, but shall determine only if there has been a violation of a provision(s) of this Agreement as alleged in the grievance. The arbitrator will be without power or authority to make any decision, which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the arbitrator shall be advisory only and shall be in the form of a written recommendation to the Board of Trustees. Copies of the decision shall be submitted to the District, the Association, and the grievant. The parties shall share all fees and expenses of the arbitration, including charges by the arbitrator, room rental, court reporter, and transcript, equally. Each party shall bear its own attorneys' fees and costs, if any.