Common use of Level Five – Formal Clause in Contracts

Level Five – Formal. 1. If the grievant is not satisfied with the disposition of the grievance at Level Four, the grievant (through the Association), within fifteen (15) days from the receipt of the Level Four answer, may request a hearing before an arbitrator. The grievant's request for arbitration shall be by certified mail with return receipt requested to the Superintendent. 2. Within ten (10) days following receipt by the Superintendent of the grievant's request for arbitration, the grievant or his/her designated representative shall petition the American Arbitration Association to provide both parties with a list of seven (7) names from which an arbitrator will be selected by use of the voluntary rules of the American Arbitration Association. Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance in accordance with the rules and regulations of the American Arbitration Association. No claims that have not been raised in the previous levels may be raised at the arbitration. The decision of the arbitrator shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be final and binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement. All expenses for the arbitrator shall be shared equally by the Board and the Association.