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Collective BargainingAgreement between Mayfield Vil[age and the I.A.F.F. Loca126I9 either committee. J. News Media It is agreed that during the bargauung period neither party will issue a statement to the news media on an individual basis regarding topics of negotiations. If, in the normal conduct of negotiations such press release becomes necessary, the contents shall be mutually acceptable to all parties. Section 39.2. At any time during the bargaining process, either side may request in writing, with or without a declaration of impasse, the Federal Mediation and Conciliation Service to provide a mediator to assist the parties in reaching agreement. The mediator shall have no power to impose a settlement on either party or to in any way bind either party to agreement on any issue. The party making the request shall serve the other party with a copy of the written request. Section 39.3. In the event no agreement has been reached, approved and ratified prior to the expiration of the then-current agreement, either pariy may notify in writing the American Arbitration Association (AAA) of the intent to submit the unresolved issues to it to be resolved through binding arbitration. A copy shall also be served upon the other party. The request to arbitrate may be made jointly by the parties. Any issues which have been agreed to by the Employer and the Union shall be submitted as a partial agreement to the union membership for approvaUdisapproval. If the Union approves the partial agreement, it shall notify the Employer in writing of such action. Thereafter, the Village Council will vote to accept or reject the agreed issues. After the arbitrator has entered his award, said award and the partial agreement shall constitute the entire Agreement between the Mayfield Village and the Union. The arbitration hearing will be conducted by AAA in accordance with its rules and procedures. After AAA has received notice of the parties, it shall submit a list of arbitrators to each party and the arbitrator shall be chosen by the alternate strike method in accordance with the AAA's current rules within twenty (20) days of the request for arbitration. The hearing shall be held within forty- five (45) days after the date the arbitrator is chosen. The Village and the Union shall equally share the cost of the services provided by AAA and the arbitrator. The Village and the Union shall pay the cost of their own witnesses and presentation. Section 39.4.The arbitrator will only have jurisdiction over the unresolved issues and other matters mutually agreed upon by the Village and the Union. The hearing shall be private and will be conducted pursuant to the AAA's current rules. Not later than three (3) days before the hearing, the Village and the Union shall serve on the arbitrator and the opposing party a written report summarizing the unresolved issues and other matters submitted to the arbitrator, the party's final offer on the issues and the rationale for the position. If after submission of the parties reports, mediation efforts by the arbitrator result in a change of the final offer, a party may with the pernussion of the arbitrator, submit a revised written offer to the other party through the arbitrator. No change in offers shall be permitted after testimony and evidence is heard on the particular issue involved. 31