Common use of Step 4—Binding Arbitration Clause in Contracts

Step 4—Binding Arbitration. If the Union is not satisfied with the disposition of the grievance by the President or designee or if no disposition has been made within the period provided, the AIU may submit the grievance to final and binding arbitration before an impartial arbitrator. 1. The Union shall notify the President of its intention to pursue arbitration in writing within fifteen (15) days of receipt of the President’s response or within fifteen (15) days of the expiration of the time periods specified in Step 3. 2. The parties may mutually agree upon an arbitrator. If the parties cannot agree on an arbitrator within fifteen (15) days after notification of intent to seek arbitration, the parties shall request a list of arbitrators from the American Arbitration Association, all of whom shall have been admitted to the National Academy of Arbitrators. The Union and Board, independent of one another, will strike unacceptable names from the list. Names remaining are ranked in order of preference with “1” used for most favored name. The American Arbitration Association, after receiving both lists, will assign the arbitrator with the lowest composite ranking. If no name was preferenced by both parties, the same procedure will be repeated until agreement is achieved. 3. If the Union does not file a demand for arbitration within twenty (20) days after the date of the response from Step 3, then the grievance shall be considered waived by the Union. 4. The arbitrator, in rendering his/her decision, shall not amend, modify, nullify, ignore, or add to or subtract from any of the provisions of this Agreement. He/she shall consider and decide only the specific issue submitted to him/her in writing by the Board and the Union and shall have no authority to make a recommendation on any other issue not so submitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applicable laws and rules and regulations having the force and effect of law. The arbitrator shall submit in writing his/her recommendation within thirty

Step 4—Binding Arbitration. If the Union is not satisfied with the disposition of the grievance by the President or designee or if no disposition has been made within the period provided, the AIU may submit the grievance to final and binding arbitration before an impartial arbitrator. 1. The Union shall notify the President of its intention to pursue arbitration in writing within fifteen (15) days of receipt of the President’s response or within fifteen (15) days of the expiration of the time periods specified in Step 3. 2. The parties may mutually agree upon an arbitrator. If the parties cannot agree on an arbitrator within fifteen (15) days after notification of intent to seek arbitration, the parties shall request a list of arbitrators from the American Arbitration Association, all of whom shall have been admitted to the National Academy of Arbitrators. The Union and Board, independent of one another, will strike unacceptable names from the list. Names remaining are ranked in order of preference with “1” used for most favored name. The American Arbitration Association, after receiving both lists, will assign the arbitrator with the lowest composite ranking. If no name was preferenced by both parties, the same procedure will be repeated until agreement is achieved. 3. If the Union does not file a demand for arbitration within twenty (20) days after the date of the response from Step 3, then the grievance shall be considered waived by the Union. 4. The arbitrator, in rendering his/her decision, shall not amend, modify, nullify, ignore, or add to or subtract from any of the provisions of this Agreement. He/she shall consider and decide only the specific issue submitted to him/her in writing by the Board and the Union and shall have no authority to make a recommendation on any other issue not so submitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applicable laws and rules and regulations having the force and effect of law. The arbitrator shall submit in writing his/her recommendation within thirtythirty (30) days following close of the hearings or the submission of briefs by the parties, whichever is later. The recommendation shall be based solely upon his/her interpretation of the meaning or application of the terms of the Agreement to the facts of the grievance presented. The recommendation of the arbitrator shall be final and binding. If the arbitrator finds that a violation of the contract occurred and proposes a remedy, said remedy shall not be retroactive in its effects earlier than sixty (60) days preceding the filing of the grievance. 5. The fees and expenses of the arbitrator and the American Arbitration Association shall be shared equally by the College and the Union. The parties likewise shall share the expenses of any transcript(s) which they may jointly request, but all other expenses which may be incurred by either party shall be borne by that party.