Common use of Level 4 – Arbitration Clause in Contracts

Level 4 – Arbitration. If the grievance is not resolved at Level 3, the grievant or the grievant’s designated representative may ask the Oregon Employment Relations Board to submit a panel of five (5) names. Such listing shall include names of known arbitrators who are members of the American Arbitration Association, and who reside within the state of Oregon. The arbitrator shall be selected from the panel by mutual agreement or by the designated representatives of the Association and the Board, each alternately striking a name from the list until one (1) shall remain. The arbitrator whose name remains on the list shall be considered selected. The order of the striking of names shall be determined by a flip of coin. As an alternative to requesting a list, the parties may mutually agree upon any arbitrator they choose. The arbitrator chosen from the list to hear the case shall schedule a hearing and deliver a decision writing thirty (30) days of the closure of the hearing. The arbitrator’s decision shall be in writing and set forth the finding 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 violates the terms of this Agreement, or to substitute their judgment for that of the specific terms of this Agreement. Nor shall the arbitrator add to, subtract from, modify or amend any terms of this Agreement. The decision of the arbitrator shall be submitted to the parties and shall be final and binding on the parties. The Board and the Association will share equally the costs of the arbitration procedure including the fee and expense of the arbitrator and the cost of the hearing room. In cases where the grievant(s) pursue a grievance to arbitration without the support of the Association, the Association would not be held accountable for costs resulting from such grievance proceedings and the grievant would share the cost of the arbitration procedure including the fee and expense of the arbitrator and the cost of the hearing room with the District.