Common use of Stage 4 Clause in Contracts

Stage 4. If the grievance is still unresolved the aggrieved party may within fifteen (15) school days after receiving the statement of decision refer the grievance to binding arbitration by requesting that the American Arbitration Association propose the names of seven (7) arbitrators. A copy of such request shall be forwarded to the School Administrator or aggrieved party. a. Upon receipt of the names of the proposed arbitrators, a designee, of the Superintendent of Schools and the organization shall strike names from the list until one ultimately is designated as the arbitrator. b. The arbitrator's decision will be in writing and will set forth his/her findings, reasonings and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this agreement. The decision of the arbitrator shall be binding. The arbitrator shall have no power to alter, add to, or detract from the provisions of the agreement. c. The cost for the services of the arbitrator will be borne equally by the school board and the organization. d. The election to submit a grievance to arbitration shall automatically be a waiver of all other remedies or forums which otherwise could be available. e. The arbitrator's award shall not be contrary to any applicable provision of law, Regulation of the Commissioner of Education having the force and effect of law, Rule of the Board of Regents having the force and effect of law and/or any other applicable Rule having the force and effect of law. f. No arbitrator shall decide more than one grievance on the same hearing or series of hearings except by mutual agreement between the parties. g. The arbitrator's remedy shall extend only to the employee or group of employees who are a party to the grievance.