Common use of Step 5 Clause in Contracts

Step 5. (a) If the grievance is not resolved at Step 4 it shall be so noted on the grievance form and delivered to the Superintendent, within thirty (30) calendar days following answer at Step 4, with a written request that the grievance be submitted to arbitration. If the parties cannot agree on the selection of an arbitrator within five (5) school days after such request, the Association shall, within the following five (5) school days, file a request for arbitration in accordance with the American Arbitration Association rules and procedures. (b) The arbitration proceedings shall be conducted in accordance with the American Arbitration Association Rules. The arbitrator shall have authority and jurisdiction only to interpret and apply the provisions of this Agreement insofar as shall be necessary to the determination of the merits of such grievance, but shall not have jurisdiction or authority to add to, detract from or alter in any way the provisions of this Agreement. The arbitrator shall have no authority to consider or adjust any grievance not presented within the time limits above provided. Arbitrators shall have no authority to substitute their judgment for that of the Board as to the reasonableness of any practice, policy, rule, or other action taken by the Board, provided such practice, policy, rule or action is not contrary to the express terms of this Agreement. Any Board decision concerning non renewal, dismissal, or other matters covered by the Teachers’ Tenure Act for probationary teachers shall not be grievable or arbitrable under this Agreement. Subject to the limitations herein specified, the decision of the arbitrator shall be final and binding. (c) The expenses for the arbitrator shall be shared equally between the District and the Association. Section 3 - Time Limits - Written Waiver/Extension Any grievance not answered by the District within the time limits provided above may be appealed to the next step of the Grievance Procedure. Time requirements may be waived or extended by agreement of the parties, confirmed in writing.