Common use of Level Four - Arbitration Clause in Contracts

Level Four - Arbitration. If the grievant is not satisfied with the decision at Level Three, within ten (10) calendar days after receipt of the Board's response at Level Three, the grievance may be appealed to arbitration by the Association. Within ten (10) calendar days after such written notice of the appeal to arbitration, the Superintendent and the Association will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten (10) day period, a request for a list of seven (7) arbitrators may be made to the Oregon Employment Relations Board by either party. The parties may mutually agree to request arbitrators who reside or maintain an office in Oregon. The parties will then be bound by the AAA Rules in the selection of an arbitrator. The arbitrator selected will hold a hearing promptly and will issue a decision not later than thirty (30) days from the date of the close of the hearing. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted to the Board and the Association and will be final and binding upon the parties. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board. The decision of the arbitrator within the scope of his/her authority shall be binding on the parties. The costs for the services of the arbitrator, including per diem expenses, if any, and travel and subsistence expenses and the cost of any hearing room will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them.

Level Four - Arbitration. If the grievant is not satisfied with the decision at Level Three, within ten (10) calendar days after receipt of the Board's ’s response at Level Three, the grievance may be appealed to arbitration by the Association. Within ten (10) calendar days after such written notice of the appeal to arbitration, the Superintendent and the Association will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within with the ten (10) day period, a request for a list of seven (7) arbitrators may be made to the Oregon Employment Relations Board by either party. The parties may mutually agree to request arbitrators who reside or maintain an office in Oregon. The parties will then be bound by the AAA Rules in the selection of an arbitrator. The arbitrator selected will hold a hearing promptly and will issue a decision not later than thirty (30) days from the date of the close of the hearing. The arbitrator's ’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted to the Board and the Association and will be final and binding upon the parties. The arbitrator shall not add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board. The decision of the arbitrator within the scope of his/her authority shall be binding on the parties. The costs for the services of the arbitrator, including per diem expenses, if any, and travel and subsistence expenses and the cost of any hearing room will be borne equally by the Board and the Association. All other costs will be borne born by the party incurring them.