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It is agreed, however, that compliance with a final decision of the arbitrator pending <br />a judicial review of such decision shall not be deemed a waiver of the right to seek judicial <br />review. <br />The cost of the arbitrator shall be borne equally by both Parties to the grievance <br />and/or dispute. <br />Section 2. Notice of the grievance or dispute shall be made to the Employer and Local <br />Union involved, in writing, by certified mail, within ten (10) days from occurrence of the <br />alleged violation or dispute. The Parties agree that any particular grievance or dispute not <br />called to the attention of the individual Employer and the Local Union within ten (10) days <br />after the alleged violation shall be deemed to have been waived. <br />Section 3. Copies of the decision made by the Grievance Committee and/or the <br />Arbitrator shall be mailed to the Employer and the Union. <br />Section 4. There shall be no stoppage of work on account of any difference of opinion <br />or dispute which may arise between the Parties of the First and Second Part, or between <br />this and any other unit or units of Organized Labor, or between other units of Organized <br />Labor, or between any unit or units of Organized Labor and any other division of the <br />Construction Industry. <br />Section 5. EXCEPTIONS —Notwithstanding the other provisions of this Article, it shall <br />not be a violation of this Agreement if any Employee or Employees of an Employer cease <br />work or picket because of non-payment of wages, dishonored payroll checks, non- <br />payment of Health and Welfare contributions, Pension contributions, Training <br />contributions, and/or Working Dues deductions by said Employer. <br />ARTICLE XXVIII <br />MOST FAVORABLE TERMS <br />If the Association has entered into (or allowed employers to enter into) another Agreement <br />with the Union that applies to work that may also be covered by this Agreement, then the <br />employer may select the agreement which applies the most favorable terms to execute the <br />work. <br />25 <br />