Informal Communications. The parties hereto acknowledge that it is usually most desirable for the parties to resolve problems through free and informal communications. Consequently, the grievant(s) may first attempt to resolve the grievance with the immediately involved supervisor. If such informal process fails to satisfy the grievant, a grievance may be processed as follows, provided, however, that a grievance primarily involving the Superintendent may be initially submitted at Level II. provide the grievant(s) and the Association, if the latter is not a grievant, with a written response to the grievance within ten (10) days after the grievance meeting. Such answer shall include the reason(s) upon which the response is based. The Superintendent shall have ten (10) days after the grievance meeting in which to provide his/her written decision, including the reasons for such decision, to the grievant(s) and to the Association. The fees and expenses of the arbitrator shall be shared equally by the Association and the Board. Shared costs shall include the American Arbitration Association1 fee, arbitrator's fee, one (1) transcript for the arbitrator, and hearing room fees. Costs do not include legal fees or additional transcript fees incurred by either party. The request for arbitration of the grievance must be made in writing to the Superintendent and the American Arbitration Association within thirty (30) days after receipt of the Superintendent's written opinion, or within thirty (30) days after the time limits of Level II have expired, whichever comes first. The arbitrator shall be selected utilizing the services of the American Arbitration Association, which shall serve as the administrator of such proceedings. The arbitrator shall have no power to amend, modify, ignore, or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented in writing, and his/her decision must be based solely on his/her interpretation of the meaning or application of this Agreement. The arbitrator shall issue the award in accordance with the practices of the American Arbitration Association unless otherwise agreed to by the parties. 1 By mutual agreement the parties may use another process or agency for selecting an arbitrator, in which case all other applicable provisions of this section apply.
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