Common use of Level 4 – Arbitration Clause in Contracts

Level 4 – Arbitration. 9.6.1 Within ten (10) working days after receipt of the Superintendent/designee decision, the aggrieved may request in writing to the Union, the grievance be submitted to advisory arbitration. 9.6.2 The Union, by written notice to the Superintendent within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to advisory arbitration. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator first, prior to hearing the merits of the grievance. If the arbitrator determines that the grievance is not subject to the arbitration, there shall be no further hearing on the merits of the grievance. 9.6.3 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within twenty (20) days of the Union's or District’s submission of the grievance to arbitration, submission of the grievance shall be made to the American Arbitration Association for the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of the American Arbitration Association. 9.6.4 The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted.

Level 4 – Arbitration. 9.6.1 Within ten (10) working days after receipt of the Superintendent/designee decisiondesigneedecision, the aggrieved may request in writing to the Union, the grievance be submitted to advisory arbitration. 9.6.2 The Union, by written notice to the Superintendent within fifteen (15) days after receipt of the request from the aggrieved person, may submit the grievance to advisory arbitration. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator first, prior to hearing the merits of the grievance. If the arbitrator determines that the grievance is not subject to the arbitration, there shall be no further hearing on the merits of the grievance. 9.6.3 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within twenty (20) days of the Union's or District’s submission of the grievance to arbitration, submission of the grievance shall be made to the American Arbitration Association for the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of the American Arbitration Association. 9.6.4 The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted.