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6.5 Arbitrator's Authority <br /> A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, <br /> or subtract from the terms and conditions of this Agreement. The <br /> arbitrator shall consider and decide only the specific issue(s) submitted in <br /> writing by the EMPLOYER and the UNION, and shall have no authority to <br /> make a decision on 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 <br /> laws, rules, or regulations having the force and effect of law. The <br /> arbitrator's decision shall be submitted in writing within thirty (30) days <br /> following the close of the hearing or the submission of briefs by the <br /> parties, whichever be later, unless the parties agree to an extension. The <br /> decision shall be binding on both the EMPLOYER and the UNION and <br /> shall be based solely on the arbitrator's interpretation or application of <br /> the express terms of this AGREEMENT and to the facts of the <br /> grievance presented. <br /> C. The fees and expenses for the arbitrator's services and proceedings <br /> shall be borne equally by the EMPLOYER and the UNION provided that <br /> each party shall be responsible for compensating its own representatives <br /> and witnesses. If either party desires a verbatim record of the <br /> proceedings, it may cause such a record to be made, providing it pays for <br /> • the record. If both parties desire a verbatim record of the proceedings the <br /> cost shall be shared equally. <br /> 6.6 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 <br /> answer a grievance or an appeal thereof within the specified time limits, the <br /> UNION may elect to treat the grievance as denied at that step and immediately <br /> appeal the grievance to the next step. The time limit in each step may be <br /> extended by 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 grievance remains <br /> unresolved, and if the grievance involves the suspension, demotion, or discharge <br /> of an employee who has completed the required probationary period, the <br /> grievance may be appealed either to Step 5 of ARTICLE VI or a procedure such <br /> as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any <br /> procedure other than Step 5 of ARTICLE VI the grievance is not subject to the <br /> arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved <br /> employee shall indicate in writing which procedure is to be utilized — Step 5 of <br /> ARTICLE VI or another appeal procedure — and shall sign a statement to the <br /> 4 <br />