Common use of Step Six Clause in Contracts

Step Six. a. In the event that the grievance is not resolved by the review of the Board of Education as described in Step Five and provided the grievance concerns disagreement with respect to the interpretation of, inequitable application, or violation of the express, written terms of this Agreement, then the Association may elect to have the matter referred for binding arbitration by written request for arbitration with the Public Employment Relations Commission within fifteen (15) calendar days after the Level Five answer or the time specified for the Level Five answer. The parties shall be bound by the roles and procedures of PERC in the selection of an arbitrator. b. The arbitrator so selected shall confer with the representatives of the Board and the PR&R Committee and hold hearings promptly and shall issue his decision no later than twenty (20) calendar days of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs on the issues that are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitration shall be submitted to the Board and to the Association and shall be final and binding on the parties in interest. c. In no event shall the decision have the effect of adding to, modifying, or amending the provisions of this Agreement. d. The fees of the arbitrator and the expenses of the hearing shall be shared equally by the Association and the Board but each party shall be responsible for its own expenses with respect to the hearing.