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decision may be filed with the Safety Director within five (5) <br />days from the date of the rendering of the decision at Step 2. <br />Copies of the written decisions shall be submitted with the <br />appeal. The Safety Director shall convene a hearing within ten <br />(10) days of the "receipt of the appeal. The hearing will be held <br />with the grievant, his NOPBA representative and any other party <br />necessary to provide the required information for the rendering <br />of a proper decision. The Safety Director shall issue a written <br />decision to the employee and his NOPBA representative within fif- <br />teen (15) days from the date of the hearing. If the grievant is <br />not satisfied with the decision at Step 3, he may proceed to arb- <br />itration pursuant to the Arbitration Procedure contained in <br />Article XII. <br />ARBITRATION PROCEDURE <br />ARTICLE XII <br />Section 1. In the event a grievance is unresolved after <br />being processed through all steps of the Grievance Procedure, <br />unless mutually waived, then within ten (10) days after the <br />rendering of the decision at Step 3, the grievant may submit the <br />grievance to arbitration. Within this ten (10) day period,- the. <br />parties will meet to attempt to mutually agree upon an arbitra- <br />tor. If such agreement is not reached, the parties will promptly <br />reque.st the American Arbitration Association to submit'a panel of <br />arbitrators and will choose one by the alternative strike method. <br />Section 2. The arbitrator shall have no power or authority <br />to add to, subtract from, or in any manner, alter the specific <br />terms of this Agreement or to make any award requiring the <br />commission of any act prohibited by law or to make any award that <br />itself is contrary to law or violates any of the terms and <br />conditions of this Agreement. <br />Section 3. The hearing or hearings shall be conducted <br />pursuant to the "Rules af Voluntary Arbitration" of the American <br />Arbitration Association. <br />Section 4. The fees and expenses of the arbitrator and the <br />cost of the hearinq room, if any, will be shared equally between <br />the parties. All other expenses shall be borne by the party incurring them. Neither.party shall be responsible for any of . <br />the expenses incurred by the other party. - <br />Section 5. An employee requested to appear at the arbitra- <br />tion hearing by either party shall attend without the necessity <br />of subpoena and shall be compensated at his regular hourly rate <br />for all hours durinq which his attendance is required by either <br />party. Any request made by either party for the attendance of <br />witnesses shall be made in qood faith, and at no time shall the <br />number of employees in attendance exceed.five (5) employees. <br />-9-