IMPASSE PROVISIONS. 1. If a decision is made to take a case to impasse, a letter specifying this intent shall be filed with the Board within ten (10) calendar days of the receipt of the Board’s Step Four decision. 2. Within ten (10) calendar days of the receipt of this letter of intent, the Board and the AFT shall request arbitration from the Federal Mediation and Conciliation Service (“FMCS”). The selection of the arbitrator shall follow the standard operating procedures set forth by the FMCS. 3. The FMCS will be asked to make an administrative appointment; binding on both parties if the Board and the AFT cannot agree on an arbitrator within ten (10) calendar days after the original proposed list of arbitrators is received. 4. The arbitrator shall issue their decision, in writing, to all parties involved in the arbitration. 5. The arbitrator, in their opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. Their authority will be strictly limited to deciding only the issue presented to them in writing by the Board and the AFT, and their decision must be based solely upon their interpretation of the meaning of application of the express relevant language of this Agreement. 6. The decision of the arbitrator, if made in accordance with their jurisdiction and authority under this Agreement, will be accepted as final by the parties and all shall abide by it. 7. Expenses for the arbitrator’s services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the AFT. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses.
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Sources: Collective Bargaining Agreement, Collective Bargaining Agreement