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The arbitrator shall be without power to make decisions contrary to,or inconsistent <br /> with, or modifying or varying in any way, the application of laws, rules, or <br /> regulations having the force and effect of law, The arbitrator's decision shall be <br /> submitted in writing within thirty(30)days foilowing the close of the hearing or the <br /> submission of briefs by the parties,whichever be later, unless the parties agree to <br /> any 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 of <br /> the express terms of this AGREEMENT and to the facts of the grievance <br /> presented. <br /> C. The tees 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 /> 5.6 Waiver <br /> If a grievance is not presented within the time limits set forth above,it shall be considered <br /> "waived". If a grievance is not appealed to the next step within the specified time limit or <br /> agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS <br /> last answer.If the EMPLOYER does not answer a grievance or an appeal thereof withi,, <br /> the specified time limits, the UNION may elect to treat the grievance as denied at that <br /> step and immediately appeal the grievance tQ the next step. The time limit in each step <br /> may be extended by mutual agreement of the EMPLOYER and the UNION, <br /> AR]"I LE VI.,—l EI-H*r1ONS <br /> A!i(/A'HWu"'-"'—""'...will'n1"_.IwmmiimirmifRnrRfr.RA'IAANrIImitinrmninmwnminnrtRntl/n1.MiWhNIWVirlXliiWWIM1IMIXHIW!'++NYJI? <br /> 6. 1 UNION <br /> The International Union of Operating Engineers,Local No.49,AFL-CIO. <br /> 6,2 EMPLOYER <br /> xn W'�f— <br /> H?nThe C Arden Hills, Ramsey County.Minnesota, a Minnesota municipal corporation. <br /> 6.3 UNION MEMBER <br /> A member of the International Union of Operating Engineers, Local No. 49,AFL-CIO. <br /> 6.4 EMPLOYEE <br /> A member of the exclusively recognized bargaining unit. <br /> 6,5 BASE PAY RATE <br /> The employee's hourly pay rate exclusive of longevity or any other special allowance. <br /> 6.6 SENIORITY <br /> Length of continuous service in any of the job classifications covered by ARTICLE ll <br /> RECOGNITION. Employees who are promoted from a job classification covered by this <br /> AGREEMENT and return to a job classification covered by this AGREEMENT shall have <br /> their seniority calculated on the length of service under this AGREEMENT for purposes of <br /> promotion, transfer, and lay off and total length of service with the EMPLOYER for other <br /> benefits under this AGREEMENT. <br /> 4 <br />