Section 9 ARBITRATION

1. If after Step 3 of the grievance procedure the grievance is still unsettled, and if it involves a controversy concerning compliance with the express terms of this Agreement and is otherwise within the jurisdictional authority of the arbitrator set forth below, either party may, within sixty (60) calendar days following receipt of the Review Committee's Third Step written answer, by written notice to the other, request arbitration. If no such notice is given within the sixty (60) calendar day period, the grievance shall be deemed settled and not subject to arbitration.

2. Upon receipt of request to arbitrate, the parties shall attempt to agree upon an arbitrator by each party submitting a list of five (5) arbitrators to the other. If the parties are unable to agree upon an arbitrator through this process, an arbitrator shall be selected through the Federal Mediation and Conciliation Service, but the grievance shall be arbitrated in accordance with the rules of the American Arbitration Association.

3. The jurisdictional authority of the arbitrator is defined and limited to the determination of any grievance which involves a controversy concerning compliance with any express provision of this Agreement and is submitted to him consistent with the provisions of this Agreement.

4. In making his decision, the arbitrator cannot modify, detract from, or alter the provisions of the Agreement, and shall be bound by the principles of law relating to the interpretation of contracts followed by the Michigan courts.

5. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) calendar days after the conclusion of testimony and argument.

6. Expenses for the arbitrator's services and the proceeding shall be borne equally by the Employer and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pay for the record and make a copy available to the other party and to the arbitrator.