Common use of Level III – Arbitration Clause in Contracts

Level III – Arbitration. If the grievant is not satisfied with the decision at Level II, he/she may within ten (10) days appeal the decision by notifying the Superintendent and Association in writing. If the Association concurs with the appeal, it will notify the District in writing within ten (10) days of the grievant’s notice. 4.3.4.1 If the parties cannot agree upon an arbitrator, they shall request a list of seven arbitrators from the Public Employment Relations Board experienced in education labor relations issues. The parties shall alternately strike names from the list until only one name remains; that person shall arbitrate the dispute. The determination as to which party shall first strike a name from that list shall be decided by a flip of the coin. 4.3.4.2 If any questions arise as to the arbitrability of the grievance such questions shall be ruled upon by the arbitrator, but such determinations shall not include questions arising as to the power or jurisdiction of the arbitrator. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be final and binding upon parties. The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decisions which require the commission of an act prohibited by law or which is violative of the terms of this Agreement, or which falls within the jurisdiction of a state or federal agency which has preemptive authority to decide the issue in question or a grievance with a remedy sought in excess of $50,000.