ARTICLE XXII ARBITRATION

Jamestown School District

A. If the grievance is not settled in Level #3, the grievance may be submitted to arbitration at the request of the Association, provided such request is made within twenty (20) days after the date of the receipt of the Committee's disposition of the grievance by the Association.

In the event it is the decision of the Association to submit the grievance to arbitration, the Association shall file a request to the Labor Relations Connection to submit a list of arbiters from its panel, copies to be sent to the parties. Said arbitration shall be conducted in accordance with the rules of the Labor Relations Connection.

B. The arbitrator shall not have the power to add or subtract from or modify the terms of this Agreement. He/ she shall have no authority to imply terms which are not explicitly contained herein. His/her jurisdiction shall be confined to a determination of whether the specific act complained of in the written grievance constitutes a violation of the provision or provisions of this Agreement enumerated in the written grievance. The arbitrator shall not substitute his/her discretion for the Committee's or the Superintendent's where such discretion has been retained by the Committee or the Superintendent or where such discretion is vested in the Committee or the Superintendent by law. The award or decision of the arbitrator shall be final and binding upon the parties.

C. One-half (1/2) of the fees and expenses of any such arbitration, which fees and expenses shall include only the expenses of the arbitrator and stenographer, shall be paid by the Association and one-half (1/2) by the Committee, not including postponements in which case each side will pay for its own postponements. For the purpose of definition, "business days" as used in this article shall be interpreted to mean days Monday through Friday inclusive and excludes Saturdays, Sundays, and holidays on which schools are closed.