Common use of STEP IV: Binding Arbitration Clause in Contracts

STEP IV: Binding Arbitration. A. If, after the completion of Step III, or in the event the grievant or Union does not opt to utilize Step III, the grievant remains aggrieved, the Union shall notify the Board, in writing, of its intent to submit the grievance to arbitration. The Union shall submit the notice to the Superintendent within twenty (20) days following the conclusion of Grievance Mediation or the decision in Step II if the grievant or Union opts not to utilize Step III. The arbitrator will be chosen from a list of seven (7) names furnished by the FMCS. All other procedures relative to the hearing with the arbitrator will be in accordance with the rules and regulations of FMCS. The arbitrator’s decision will not be appealed to a higher court, by either party, unless the arbitrator’s decision oversteps the boundaries of his/her authority. B. The arbitrator will conduct the necessary hearing(s) and issue the decision within the time limit, as agreed to by the Union, the Board, and the arbitrator. Copies of the decision will be sent to the Superintendent and the Union Representative. C. The arbitrator will not have the authority to add to, subtract from, modify, change, or alter any of the provisions of the agreement, nor add to, detract from, or modify the language therein, in arriving at a decision in regard to the grievance. The arbitrator will be confined to those issues that have been presented and will have no authority to consider other issues that have not been presented for arbitration.