Common use of Stage Five Clause in Contracts

Stage Five. Arbitration If the grievant is not satisfied with the disposition on the grievance at stage four or the time limits expire without the issuance of the Board’s written reply, the association may submit the grievance for final and binding arbitration. If a demand for arbitration is not filed within 10 (ten) days of the date for the stage four answer, then the grievance shall be deemed withdrawn. a. Neither the Board of Education not the grievant shall be permitted to assert any grounds of evidence before the arbitrator which has not been previously disclosed to the other party. b. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore or add to the provisions of the agreement. His authority shall be strictly limited to deciding only the issues presented to him in writing by the School District and the grievant, and his/her decision must be based only upon his/her interpretation of the meaning or application of the express relative language of the agreement. c. Each party shall bear the full costs for its representation in the grievance procedure. d. If either party requests a transcript of the proceedings, that party shall bear full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and the grievant. e. Each party shall share equally the cost of the arbitrator who shall be selected from the American Arbitration Association.