Formal Level Four. If the Union is not satisfied with the disposition of the grievance at Formal Level Three above, or if the Board has made no reply within the period provided, the Union may request, within seventeen (17) working days thereof, that the matter be submitted before an impartial arbitrator. If the parties cannot agree as to the arbitrator, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. Neither party shall be permitted to assert in such arbitration proceeding or to rely on any evidence not previously disclosed to either party. The Employer and the Union agree to be bound by the award of the arbitrator. The fees and the expenses of the arbitrator shall be shared equally by the Union and the Employer.
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