Common use of Step V - Arbitration Clause in Contracts

Step V - Arbitration. (a) If the grievant is not satisfied with the Superintendent's or his/her designee's response at Step IV, or if the response is not submitted within agreed time limits, the grievant may, within ten (10) workdays of receipt of the Superintendent's decision or his/her failure to respond within agreed time limits, request in writing that the Association submit the grievance to arbitration. The Association, by written notice to the Superintendent or his/her designee within ten (10) workdays after receipt of the request from the grievant, may submit the grievance to arbitration. (b) The arbitrator shall have no power to add to, or delete, or amend the terms of this agreement. (c) An arbitrator shall be selected by mutual agreement. If the parties are unable to agree on an arbitrator, the following procedure will be used: A representative of the grievant and the Board's representative shall select an arbitrator from the California State Conciliation Services' or The American Arbitration Association list of five (5) names by eliminating names until one (1) name remains. The first option of elimination shall be determined by lot. The one remaining name shall be the arbitrator. The process of striking names shall occur within ten (10) workdays of receipt of the list by both parties. (d) The decision of the arbitrator shall be submitted to the District and the Association and shall be final and binding upon the parties to this contract. (e) The fees of the arbitrator and related costs shall be borne by the District and the Association equally.