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7.5 ARBITRATOR'S AUTHORITY <br />A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or <br />subtract from the terms and conditions of this AGREEMENT. The arbitrator shall <br />consider and decide only the specific issue(s) submitted in writing by the <br />EMPLOYER and the UNION and shall have no authority to make decisions on <br />any other issue not so submitted. <br />B. The arbitrator shall be without power to make decisions contrary to, or <br />inconsistent with, or modifying or varying in any way the application of laws, rules, <br />or regulations having the force and effect of the law. The arbitrator's decision shall <br />be submitted in writing within 30 days following close of the hearing or the <br />submission of briefs by the parties, whichever be later, unless the parties agree <br />to an extension. The decision shall be binding on both the EMPLOYER and the <br />UNION and shall be based solely on the arbitrator's interpretation or application <br />of the express terms of this AGREEMENT and to the facts of the grievance <br />presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall be <br />borne equally by the EMPLOYER and the UNION provided that each party shall <br />be responsible for compensating its own representatives and witnesses. If either <br />party desires a verbatim record of the proceedings, it may cause such a record to <br />be made, providing it pays for the record. If both parties desire a verbatim record <br />of the proceedings the cost shall be shared equally. <br />7.6 WAIVER <br />If a grievance is not presented within the time limits set forth above, it shall be <br />considered "waived". If a grievance is not appealed to the next step within the <br />specified time limit or any agreed extension thereof, it shall be considered settled <br />on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer <br />a grievance or an appeal thereof within the specified time limits, the UNION may <br />elect to treat the grievance as denied at that step and immediately appeal the <br />grievance to the next step. The time limit in each step may be extended by mutual <br />written agreement of the EMPLOYER and the UNION in each step. <br />7.7 CHOICE OF REMEDY <br />If, as a result of the written EMPLOYER response in Step 3 of the grievance <br />remains unresolved, and if the grievance involves discipline of an employee who <br />has completed the required probationary period, the grievance may be appealed <br />to Step 4 of Article 7. <br />5 <br />