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panel of five (5) individuals, any one of whom could act as arbitrator. The <br />party requesting arbitration shall immediately strike two names from such <br />list and the parties shall immediately alternately strike two (2) names from <br />the list until one name is left, and that individual shall be the arbitrator. <br />(4) The arbitrator thus selected shall hold a hearing upon the issue making <br />such investigation as he shall deem necessary to a proper decision and <br />render his decision in writing, which will be final, and conclusively <br />binding upon the parties to this Agreement. Namely, the Union, the <br />Employer, and the Employees. <br />(5) The expense of the arbitrator shall be borne by the losing party. <br />(6) The Local Union and the Contractors agree that there shall be no <br />strikes or lock -outs during the life of this Agreement and that all disputes <br />arising under this Agreement shall be settled through the grievance <br />procedures set forth above with the following exceptions: <br />(a) Where a party refuses to process a dispute under the <br />terms of this Article. <br />(b) Where a party refuses to abide by an award or decision <br />of the arbitrator. <br />(c) Where an Employer fails to make, when due, any <br />payments required under this Agreement, including wage <br />and fringe benefit payments. <br />As to each of the above exceptions, the no -strike clause will not be applicable and <br />the Union shall be free to peaceably picket and/or strike. <br />Section 2. Sub -Contractor: The territorial and occupations jurisdiction of <br />the Union as stated in this Agreement shall be recognized to the end that the Employer <br />agrees that it shall not use for the performance of such work, any person, company, or <br />concern that does not observe the same wages, fringe benefits, hours and conditions of <br />employment, including work jurisdiction, as enjoyed by the Employees covered by this <br />Agreement. <br />ARTICLE XIV <br />SAVING CLAUSE <br />Section 1.1.. Any provision contained herein that is contrary to or held to be in <br />violation of the Labor Management Relations Act of 1947, or any Federal or State Law <br />now in force or hereafter enacted, or hereafter becoming effective shall be void and of no <br />force or effect, and this contract shall be construed as if said void provision were not a <br />19 <br />