Common use of Final Stage Clause in Contracts

Final Stage. a. In the event that the aggrieved person or TTA is not satisfied with the disposition of the grievance at Stage 2 (Formal Stage), he may, within five (5) school days, submit his/her grievance to arbitration. b. Within ten (10) school days after receipt of such written notice of arbitration, representatives of the board and the grievant shall agree upon and select an arbitrator or arbitrators. If the parties cannot agree upon an arbitrator or arbitrators at this meeting, a request for a list of five arbitrators shall be made to the American Arbitration Association by the panel. The board and the grievant shall alternately strike a name from the list until only one (1) person remains who shall be the arbitrator. c. The arbitrator so selected shall confer with representatives of the board and the grievant and hold hearings promptly. Then, unless extended by mutual agreement, he shall issue his/her decision not later than twenty (20) days from the date of the closing of the hearings; or, if oral hearings have been already waived, then from the date that the final statements and proofs were submitted to him. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of the agreement. The decision of the arbitrator shall be submitted to the board and to the grievant and, subject to law, shall be final and binding, provided that the arbitrator shall not usurp the functions of the board or the proper exercise of its judgment and discretion under law and this agreement. d. The cost of the services of the arbitrator shall be borne equally by both parties.