In the event any dispute shall arise between the Operating Engineers and the Highway Department and such dispute cannot be adjusted between such employee and the Department, then and in such event, the dispute shall be reported to the Business Representative, who shall attempt to adjust the dispute with the Department Superintendent or its duly authorized representative and if such dispute cannot then be settled, the matter shall be referred to an arbitrator by the last two mentioned representatives, selecting a third arbitrator from a panel submitted by the Federal Mediation and Conciliation Service. The decision of this arbitrator shall be final and binding on both parties and the expenses of this third arbitrator shall be borne equally by both parties. In rendering his decision, the arbitrator shall not have the authority to add to, subtract from, modify, or amend any provision of this Agreement.
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