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B. The arbitrator shall be without power to make decisions <br /> contrary to, or inconsistent with, or modifying or <br /> varying in any way the application of laws, rules, or <br /> regulations having the force and effect of law. The <br /> arbitrator ' s decision shall be submitted in writing <br /> within thirty ( 30 ) days following the close of the <br /> hearing or the submission of briefs by the parties , <br /> 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 <br /> proceedings shall be borne equally by the EMPLOYER and <br /> the UNION provided that each party shall be responsible <br /> for compensating its own representatives and witnesses . <br /> If either party desires a verbatim record of the <br /> proceedings, it may cause such a record to be made, <br /> providing it pays for the record. If both parties desire <br /> a verbatim record of the proceedings the cost shall be <br /> shared equally. <br /> 6 .6 WAIVER <br /> If a grievance is not presented within the time limits set <br /> forth above, it shall be considered "waived. " If a <br /> grievance is not appealed to the next step within the <br /> specified time limit or any agreed extension thereof, it <br /> shall be considered settled on the basis of the EMPLOYER ' S <br /> last answer . If the EMPLOYER does not answer a grievance <br /> or an appeal thereof within the specified time limits, the <br /> UNION may elect to treat the grievance as denied at that <br /> step and immediately appeal the grievance to the next <br /> step. The time limit in each step may be extended by <br /> mutual agreement of the EMPLOYER and the UNION. <br /> 6 . 7 CHOICE OF REMEDY <br /> If, as a result of the EMPLOYER response in Step 4 , the <br /> grievance remains unresolved, and if the grievance <br /> involves the suspension, demotion , or discharge of an <br /> employee who has completed the required probationary <br /> period, the grievance may be appealed either to Step 5 <br /> of ARTICLE VI or a procedure such as : Civil Service, <br /> Veteran ' s Preference, or Fair Employment. If appealed to <br /> any procedure other than Step 5 of ARTICLE VI the <br /> grievance is not subject to the arbitration procedure as <br /> provided in Step 5 of ARTICLE VI . The aggrieved employee <br /> shall indicate in writing which procedure is to be <br /> utilized-- Step 5 of ARTICLE VI or another appeal <br /> procedure--and shall sign a statement to the effect that <br /> the choice of any other hearing precludes the aggrieved <br /> employee from making a subsequent appeal through Step 5 <br /> of ARTICLE VI . <br /> 5 <br />