Common use of Level Four - Arbitration Clause in Contracts

Level Four - Arbitration. a. If the grievance is not resolved to the satisfaction of the grievant in Level Three, the ASSOCIATION may, within fifteen (15) days after the date the decision by the COMMITTEE is due in Level Three, file a written request for arbitration of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall be identical to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance shall be subject to arbitration unless the grievance, as stated in the request for arbitration filed with the American Arbitration Association, claims a violation, misinterpretation or misapplication of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher shall not be subject to arbitration. c. The function of the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievant, the ASSOCIATION, the COMMITTEE and school administration. e. The arbitrator's decision shall be in writing and shall set forth his/her reasons for the results reached. Copies of the decision shall be furnished to the COMMITTEE and the ASSOCIATION. The decision of the arbitrator, if within the scope of his/her power and authority under this AGREEMENT, shall be final and binding upon the parties. f. Each party shall bear the expense arising from the preparation and presentation of its own case. The fees and expenses, if any, of the arbitrator and the American Arbitration Association shall be shared equally by the ASSOCIATION and the COMMITTEE.

Level Four - Arbitration. a. If the grievance is not resolved to the satisfaction of the grievant in Level Three, the ASSOCIATION may, within fifteen (15) days after the date the decision by the COMMITTEE is due in Level Three, file a written request for arbitration of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall be identical to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance shall be subject to arbitration unless the grievance, as stated in the request for arbitration filed with the American Arbitration Association, claims a violation, misinterpretation or misapplication of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher supervisor shall not be subject to arbitration. c. The function of the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievant, the ASSOCIATION, the COMMITTEE and school administration. e. The arbitrator's decision shall be in writing and shall set forth his/her reasons for the results reached. Copies of the decision shall be furnished to the COMMITTEE and the ASSOCIATION. The decision of the arbitrator, if within the scope of his/her power and authority under this AGREEMENT, shall be final and binding upon the parties. f. Each party shall bear the expense arising from the preparation and presentation of its own case. The fees and expenses, if any, of the arbitrator and the American Arbitration Association shall be shared equally by the ASSOCIATION and the COMMITTEE.

Level Four - Arbitration. a. (a) If the grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the grievant in grievance at Level Three, or if no decision has been rendered within ten (10) school days after the ASSOCIATION grievance was delivered to the President of the Board of Education, the member may, within five (5) school days after a decision by the Board of Education or fifteen (15) school days after the date grievance was delivered to the decision President of the Board of Education, whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration with fifteen (15) school days after receipt of a request by the COMMITTEE is due in Level Threeaggrieved person. (b) Within ten (10) school days after such written notice of submission to arbitration, file the Board and the Association shall attempt to agree upon a written mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for arbitration a list of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall arbitrators may be identical made to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance by either party. The parties shall then be subject to arbitration unless bound by the grievance, as stated in the request for arbitration filed with rules and procedures of the American Arbitration Association, claims a violation, misinterpretation or misapplication Association in the selection of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher shall not be subject to arbitrationan arbitrator. c. (c) The function of arbitrator so selected shall confer with the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievantBoard and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, than from the ASSOCIATION, date the COMMITTEE final statements and school administration. e. proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his/her reasons for his findings of fact, reasoning and conclusions on the results reachedissues submitted. Copies The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the decision shall be furnished to the COMMITTEE and the ASSOCIATIONterms of this Agreement or Title 18. The decision of the arbitrator, if within arbitrator shall be submitted to the scope of his/her power Association President and authority under this AGREEMENT, shall be final and binding upon on the parties. f. Each party (d) In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall bear rest solely with the expense arising from arbitrator selected in accordance with the preparation and presentation provisions of its own case. Section C.6(b) of this Article. (e) The fees and cost for the services of the arbitrator, including per diem expenses, if anyany and actual and necessary travel, subsistence expenses and the cost of the arbitrator and the American Arbitration Association hearing room shall be shared borne equally by the ASSOCIATION Board and the COMMITTEEAssociation. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. If the grievance is not resolved to the satisfaction of the grievant in Level ThreeThree or if the grievance is regarding the discipline of a director and is not resolved to the satisfaction of the grievant in Level Two, the ASSOCIATION may, within fifteen (15) days after the date the decision by the COMMITTEE is due in Level ThreeThree or within fifteen (15) days after the date of the decision by the Superintendent is due at Level Two when the grievance is regarding the discipline of the grievant, file a written request for arbitration of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall be identical to the written statement of the grievance filed with the COMMITTEE under Level ThreeThree or the Superintendent at Level Two. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance shall be subject to arbitration unless the grievance, as stated in the request for arbitration filed with the American Arbitration Association, claims a violation, misinterpretation or misapplication of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher director shall not be subject to arbitration. c. The function of the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievant, the ASSOCIATION, the COMMITTEE and school administration. e. The arbitrator's decision shall be in writing and shall set forth his/her reasons for the results reached. Copies of the decision shall be furnished to the COMMITTEE and the ASSOCIATION. The decision of the arbitrator, if within the scope of his/her power and authority under this AGREEMENT, shall be final and binding upon the parties. f. Each party shall bear the expense arising from the preparation and presentation of its own case. The fees and expenses, if any, of the arbitrator and the American Arbitration Association shall be shared equally by the ASSOCIATION and the COMMITTEE.

Level Four - Arbitration. a. (a) If the grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the grievant in his grievance at Level Three, or if no decision has been rendered within five (5) school days after the ASSOCIATION maygrievance was delivered to the Board of School Directors, he may within five (5) school days after a decision by the Board of Directors or fifteen (15) school days after the grievance was delivered to the Board of School Directors, whichever is sooner, request in writing that the Union submit its grievance of arbitration. If the Union desires, it may submit the grievance to arbitration within fifteen (15) school days after the date the decision receipt of a request by the COMMITTEE is due in Level Threeaggrieved person. (b) Within ten (10) school days after such written notices of submission to arbitration, file the Board and the Union shall attempt to agree upon a written mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for arbitration a list of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall arbitrators may be identical made to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance by either party. The parties shall then be subject to arbitration unless bound by the grievance, as stated in the request for arbitration filed with rules and procedures of the American Arbitration Association, claims a violation, misinterpretation or misapplication Association in the selection of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher shall not be subject to arbitrationan arbitrator. c. (c) The function of Arbitrator so selected shall confer with the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievant, Board and the ASSOCIATION, Union and hold hearings promptly and shall issue his decision not later than twenty (20) days from the COMMITTEE date the final statements and school administration. e. proofs on the issues are submitted to him. The arbitrator's ’s decision shall be in writing and shall set forth his/her reasons his findings of fact, reasoning and conclusions on the issues submitted. The arbitrators shall have no power or authority to add to, subtract from or modify the provisions of this agreement in arriving at a decision of the issue or issues presented and shall confine his decision solely to the application and interpretation if this agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, reserved by law exclusively for the results reached. Copies Board, or which violate the terms of the decision shall be furnished to the COMMITTEE and the ASSOCIATIONthis Agreement. The decision of the arbitrator, if within arbitrator shall be submitted to the scope of his/her power Board and authority under this AGREEMENT, the Union and shall be final and binding upon to the parties. f. Each party shall bear (d) The costs for the expense arising from services of the preparation and presentation of its own case. The fees and arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expense and the cost of the arbitrator hearing room and the American Arbitration Association court reporter shall be shared borne equally by the ASSOCIATION Board and the COMMITTEEUnion. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. (a) If the grievance aggrieved person is not resolved to satisfied with the satisfaction disposition of the grievant in grievance at Level Three, the ASSOCIATION may, or if no decision has been rendered within fifteen ten (1510) school days after the date grievance was delivered to the (b) Within ten (10) school days after such written notice of submission to arbitration, the decision by Board and the COMMITTEE is due in Level ThreeAssociation shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, file a written request for arbitration a list of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall arbitrators may be identical made to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance by either party. The parties shall then be subject to arbitration unless bound by the grievance, as stated in the request for arbitration filed with rules and procedures of the American Arbitration Association, claims a violation, misinterpretation or misapplication Association in the selection of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher shall not be subject to arbitrationan arbitrator. c. (c) The function of arbitrator so selected shall confer with the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievantBoard and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) school days from the date of the close of the hearings or, if oral hearings have been waived, than from the ASSOCIATION, date the COMMITTEE final statements and school administration. e. proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his/her reasons for his findings of fact, reasoning and conclusions on the results reachedissues submitted. Copies of the decision The arbitrator shall be furnished without power or authority to make any decision which requires the COMMITTEE and commission of an act prohibited by law or which is violates the ASSOCIATIONterms of this Agreement or Title 18. The decision of the arbitrator, if within arbitrator shall be submitted to the scope of his/her power Association President and authority under this AGREEMENT, shall be final and binding upon on the parties. f. Each party (d) In the event that arbitration of a grievance is at issue between the parties, jurisdiction to resolve the issue shall bear rest solely with the expense arising from arbitrator selected in accordance with the preparation and presentation provisions of its own case. SectionC6(b) of this Article. (e) The fees and cost for the services of the arbitrator, including per diem expenses, if anyany and actual and necessary travel, subsistence expenses and the cost of the arbitrator and the American Arbitration Association hearing room shall be shared borne equally by the ASSOCIATION Board and the COMMITTEEAssociation. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered within fifteen (15) school days, after the grievance was delivered to the Board, he may, within five (5) school days, after a decision to the board or twenty (20) school days after the grievance was delivered to the Board whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance within fifteen (15) school days after receipt of a request by the aggrieved person. If the Association determines that the grievance is not resolved meritorious and should not be submitted to arbitration by the satisfaction of the grievant in Level ThreeAssociation, the ASSOCIATION mayaggrieved person, individually, shall have the right to submit his grievance to arbitration within fifteen (15) days after receipt of notice from the date the decision by the COMMITTEE is due in Level Three, file a written request for arbitration Association that it will not pursue his grievance to arbitration. A copy of the Association’s notice to the aggrieved person shall be served upon the Board. In the event the aggrieved person request arbitration without the Association’s approval, the Association shall not be responsible for any costs incurred in pursuing the grievance. b. Within ten (10) school days after such written notice of submission to arbitration, the Association or the aggrieved person pursuing his grievance with without Association approval shall petition the American Arbitration Association/PERC for a list of arbitrators. The request parties shall contain a statement then be bound by the rules and procedures of the grievance, which shall be identical to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance shall be subject to arbitration unless the grievance, as stated in the request for arbitration filed with the American Arbitration Association, claims a violation, misinterpretation or misapplication /PERC in the selection of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher shall not be subject to arbitrationan arbitrator. c. The function arbitrator so selected shall confer with the representative of the Board and the Association and shall hold hearings promptly and shall issue a decision. The arbitrator shall have the right to frame issues when either party cannot agree on the issues, and shall not issue awards which are in violation of law or public policy, nor shall he issue awards which are outside the scope of the grievance definition contained herein, or which may violate the terms of this agreement. The determination of the arbitrator shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent levelbinding. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievant, the ASSOCIATION, the COMMITTEE and school administration. e. The arbitrator's decision shall be in writing and shall set forth his/her reasons costs for the results reached. Copies of the decision shall be furnished to the COMMITTEE and the ASSOCIATION. The decision services of the arbitrator, if within the scope of his/her power and authority under this AGREEMENT, shall be final and binding upon the parties. f. Each party shall bear the expense arising from the preparation and presentation of its own case. The fees and including per diem expenses, if any, of the arbitrator and actual and necessary travel, subsistence expenses and the American Arbitration Association cost of a hearing room, if any, shall be shared borne equally by the ASSOCIATION board and the COMMITTEEAssociation. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Arbitration. a. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three or if no decision has been rendered within twenty (20) school days after the grievance was delivered to the Board of Education, he may, within five (5) school days after a decision by the Board of Education or twenty (20) school days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is not resolved meritorious, it may submit the grievance to the satisfaction of the grievant in Level Three, the ASSOCIATION may, arbitration within fifteen (15) school days after the date the decision receipt of a request by the COMMITTEE is due in Level Threeaggrieved person. b. Within ten (10) school days after such written notice of submission to arbitration, file a written request for arbitration a list of the grievance with the American Arbitration Association. The request shall contain a statement of the grievance, which shall arbitrators may be identical made to the written statement of the grievance filed with the COMMITTEE under Level Three. Any arbitration hereunder shall be initiated and conducted in accordance with the American Arbitration Association Voluntary Labor Arbitration Rules. b. No grievance or P.E.R.C. by either party. The parties shall then be subject to arbitration unless bound by the grievance, as stated in the request for arbitration filed with rules and procedures of the American Arbitration Association, claims a violation, misinterpretation Association or misapplication P.E.R.C. in the selection of this AGREEMENT. The decision of the Superintendent as to the selection, retention, or election to grant professional status to a teacher shall not be subject to arbitrationan arbitrator. c. The function of the arbitrator so selected shall be to determine the interpretation and application of this AGREEMENT. Neither party shall have a right in arbitration to obtain, and the arbitrator shall be without power or authority to make, any decision that violates or which would alter, add to, detract from, or modify the terms of this AGREEMENT. No arbitrator shall have the power or authority (1) to make any decision, which is inconsistent confer with applicable law, or (2) to make any award retroactive, beyond fifteen (15) days prior to (a) the date on which the grievance was first discussed at Level One, or (b) if Level One was by-passed, the date on which the grievance was first submitted at a subsequent level. d. Unless the parties otherwise agree, (1) each grievance shall be processed separately in any arbitration proceedings hereunder; (2) the hearings before the arbitrator shall be held on weekdays between 4:30 P.M. and 10:00 P.M.; and (3) attendance at the hearings before the arbitrator shall be limited to witnesses and authorized representatives of the grievantBoard of Education and the Association and hold hearings promptly and shall issue his decision not later than thirty (30) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the ASSOCIATION, date the COMMITTEE final statements and school administration. e. proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his/her reasons his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement. The arbitrator shall be without power or authority to make any decision which requires the results reached. Copies commission of an act prohibited by law or which is violable of the decision shall be furnished to the COMMITTEE and the ASSOCIATIONterms of this Agreement. The decision of the arbitrator, if within arbitrator shall be submitted to the scope of his/her power Board and authority under this AGREEMENT, the Association and shall be final and binding upon of the parties. f. Each party shall bear d. The costs for the expense arising from services of the preparation and presentation of its own case. The fees and arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the arbitrator and the American Arbitration Association hearing room shall be shared borne equally by the ASSOCIATION Board and the COMMITTEEAssociation. Any other expenses incurred shall be paid by the party incurring same.