Common use of Level Two Clause in Contracts

Level Two. If, as a result of the informal discussion with the superintendent/principal, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within seven (7) days of receipt of the grievance, the superintendent/principal or his/her designee shall meet with the Association in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.

Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalprincipal or supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time. d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. e. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition . f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.

Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalPrincipal or Supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances, (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time. d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. e. After the Level Two hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition . f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.

Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalprincipal or supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time. e. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition . g. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.

Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalPrincipal or Supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances, (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One Form A and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4136.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time. e. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition . g. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.

Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalprincipal or supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time. d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. e. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition . f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionrationale.

Level Two. IfIf the grievant is not satisfied with the written response at Level One, as or a result written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the informal discussion with written response rendered by the superintendent/principalPrincipal or Supervisor, a grievance still existsor in the absence of such written response, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the superintendent/principal. Within within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances, (“Level Two Administrator”), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the grievancewritten appeal from the grievant or at a later mutually agreed upon time. d. At the initial meeting of Level Two, the superintendent/principal Level Two Administrator will hold a hearing at which both the grievant, with or his/her designee shall meet without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. e. After the Level Two hearing, the Level Two Administrator may investigate and consult with the Association grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition . f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance in writing within five (5) days to all parties of such meetinginterest, including CCEA, setting forth the decision and shall furnish a copy thereof to the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.rationale

Level Two. If, as a result If the grievance is not settled to the satisfaction of the informal discussion with the superintendent/principalaggrieved driver at Level One, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered presented in writing to the superintendent/principalCommittee's Business Director within eight (8) days of the decision in Level One. Within seven five (75) days of after the receipt of the grievancegrievance by the Business Director, he/she and the superintendent/principal or his/her designee aggrieved driver and, if the aggrieved driver so chooses, a representative of the Association, shall meet with the Association in an effort to resolve discuss the grievance. The superintendent/principal Business Director shall indicate provide his/her disposition of the grievance decision in writing within five (5) days after the conclusion of such meeting, and shall furnish a copy thereof to the Association. LEVEL THREE. If the Association grievance is not satisfied with settled at Level Two, the disposition grievance shall be presented in writing to the Superintendent within eight (8) days of the grievancedecision in Level Two. The Superintendent or his/her designee and the aggrieved driver and, or if no disposition has been made the aggrieved driver so chooses, a representative of the Association, shall meet within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee after receipt of the Board. The Board, no later than its next regular meeting written grievance by the Superintendent or within two (2) weeks, whichever shall be later, shall meet with the Association on his/her designee to discuss the grievance. Disposition of the grievance The Superintendent or his/her designee shall give his/her answer in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from after the notification date that arbitration will conclusion of such meeting. LEVEL FOUR. If the grievance is not settled at Level Three to the satisfaction of the aggrieved driver, the grievance may be pursued, an arbitrator presented in writing to the Committee within eight (8) days of the decision at Level Three. The Committee shall be selected consider the grievance and provide its decision in writing to the aggrieved driver within thirty (30) days after receipt of the written grievance by the American Arbitration Association in accord with its rulesCommittee when no hearing on the grievance is held, which shall likewise govern or within fifteen (15) days after the arbitration proceedingconclusion of the hearing when a hearing is held. The Board and If the grievance is not settled to the satisfaction of the aggrieved driver at Level Four, the Association shall not be permitted may submit the grievance to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed by giving written notice to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award Committee within ten (10) days after receipt of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionCommittee's decision.

Level Two. If, as a result of If the informal discussion aggrieved person is not satisfied with the superintendent/principal, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association. A copy disposition of the grievance shall be delivered to the superintendent/principal. Within seven at Level One, or if no decision has been rendered within five (75) school days of receipt after presentation of the grievance, s/he or an Association representative may within ten (10) school days after the Level One discussion, refer the grievance in writing to the superintendent/principal or . The superintendent will meet with the aggrieved person and/or Association representative within ten (10) school days after his/her designee shall meet with the Association in an effort to resolve the grievance. The superintendent/principal shall indicate his/her disposition receipt of the written grievance and will respond to it in writing within five (5) school days thereafter. Grievances involving the Association or several of such meeting, and shall furnish a copy thereof to its members may be instituted by the AssociationAssociation at this level. If the aggrieved person or the Association is not satisfied with the disposition of the grievancegrievance at Level Two, or if no disposition written answer has been made submitted within five (5) school days of such the Level Two meeting, s/he or the Association may, within fifteen (15) school days after the Level Two meeting, refer the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the BoardCommittee. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association Committee will schedule a hearing on the grievance. Disposition grievance within fifteen (15) school days after its receipt of the grievance and will respond to it in writing by the Board shall be made no later than seven within ten (710) school days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Boardat Level Three, or if no disposition written answer has been made submitted within ten (10) school days after the period above providedLevel Three hearing, the Association may, within twenty (20) school days after the Level Three hearing, refer the grievance to arbitration. The parties will attempt to reach agreement upon an arbitrator, but if they are unable to do so within ten (10) school days after the referral of the grievance to arbitration, the grievance may will be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association for the selection of an arbitrator and the conduct of a hearing in accord accordance with its rules, which shall likewise govern the arbitration proceedingVoluntary Labor Arbitration Rules of the American Arbitration Association then in effect. The Board costs for the services of the arbitrator, including per diem expenses (if any), and actual and necessary travel and subsistence expenses, will be borne equally by the Committee and the Association shall not Association. The arbitrator’s decision will be permitted to assert in such arbitration proceeding any groundwriting and will set forth his/her findings of fact, or to rely reasoning, and conclusions on any evidence not previously disclosed the issues submitted. The decision of the arbitrator will be submitted to the other partyCommittee and to the Association and, subject to law, will be final and binding, provided that the arbitrator will not usurp the functions of the Committee or the proper exercise of its judgment and discretion under law and this Agreement. The arbitrator shall Arbitrator will have no power to alter, add to, or subtract detract from the terms provisions of this Agreement. Both parties agree to be bound by Either the award Committee or the Association may appeal the decision of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.to the Superior Court. Upon application by either party, the Court will vacate an award if: