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EMPLOYER and the UNION and shall have no authority to make a <br /> decision on any other issue not so submitted. <br /> B. The Arbitrator shall be without power to make decisions con'L <br /> trary to, or inconsistent with, or modifying or varying in <br /> any way the application of laws, rules, or regulations having <br /> the force and effect of law. The Arbitrator's decision shall <br /> be submitted in writing within thirty (30) days following <br /> close of the hearing or the submission of briefs by the <br /> parties, whichever be later, unless the parties agree to an <br /> extension. The decision shall be binding on both the <br /> EMPLOYER and the UNION and shall be based solely on the <br /> Arbitrator's interpretation or application of the express <br /> 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 pro- <br /> ceedings shall be borne equally by the EMPLOYER and the <br /> UNION, provided that each party shall be responsible for <br /> compensating its own representatives and witnesses. If <br /> • either party desires a verbatim record of the proceedings, it <br /> may cause such a record to be made, providing it pays for the <br /> record. If both parties desire a verbatim record of the <br /> proceedings, the cost shall be shared equally. <br /> 7.6 Waiver: If a grievance is not presented within the time limits <br /> • set forth above, it shall be considered "waived". If a grievance <br /> is not appealed to the next step within the specified time limit <br /> or any agreed extension thereof, it shall be considered settled <br /> on the basis of the EMPLOYERIIS last answer. If the EMPLOYER does <br /> not answer a grievance or an appeal thereof, within the specified <br /> time limits, the UNION may elect to treat the grievance as denied <br /> at that step and immediately appeal the grievance to the next <br /> 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 /> • 5 <br />