Level 4 Binding Arbitration. 7.2.3.4.1 If the grievant is not satisfied with the decision rendered at ▇▇▇▇▇ ▇, or if no written decision has been rendered within ten (10) days of the meeting with the Superintendent or his/her designee, the Association may submit a request in writing to the Superintendent for binding arbitration of the dispute within ten (10) days. 7.2.3.4.2 An impartial arbitrator shall be selected jointly by the Association and the Superintendent within ten (10) days of receipt of the written request. 7.2.3.4.2.1 In the event the parties cannot agree, an arbitrator list will be requested from the California Mediation and Conciliation Service or the American Arbitration Association. 7.2.3.4.2.2 They shall be requested to supply a panel of five (5) names. Alternate names shall be stricken until only one (1) remains. The order of striking will be determined by lot. 7.2.3.4.2.3 The fees and expenses of the arbitrator shall be shared equally between the Superintendent and the grievant. Additional expenses shall be borne by the party incurring such expense. 7.2.3.4.3 The arbitrator shall have no authority to add to, subtract from, disregard, alter or modify any provisions of this Agreement, state or federal law or written Board policies, nor make any fiscal award not provided for by the terms of this Agreement, but shall limit his/her decision to the application and interpretations of its provisions. 7.2.3.4.4 After reviewing the evidence, the arbitrator shall submit to the Superintendent and to the grievant his/her findings in writing which shall be binding on both parties.
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Sources: Collective Bargaining Agreement, Collective Bargaining Agreement