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accordance with the "Rules Governing the Arbitration of Grievances" as <br /> established by the Public Employment Relations Board. <br /> 7.5 ARTIBRATOR'S AUTHORITY <br /> A. The arbitrator shall have no right to and, modify, nullify, ignore, add to, or <br /> subtract from the terms and conditions of this AGREEMENT. The arbitrator <br /> shall consider and decide only the specific issue(s) submitted in writing by <br /> the 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 contrary to or <br /> inconsistent with or modifying or varying in any way the application of laws, <br /> rules, or regulations having the force and effect of law. The arbitrator's <br /> decision shall be submitted in writing within thirty (30) days following the <br /> close of the hearing or the submission of briefs by the parties, whichever is <br /> later, unless the parties agree to an extension. The decision shall be <br /> binding on both the EMPLOYER and the UNION and shall be based solely <br /> on the arbitrator's interpretation or application of the express terms and <br /> conditions of the AGREEMENT and to the facts of the grievance presented. <br /> CThe fees and expenses for the arbitrator's services and proceedings shall <br /> be borne equally by the EMPLOYER and the UNION provided that each <br /> party shall be responsible for compensating its own representative's and <br /> witnesses. If either party desires a verbatim record of the proceedings, it <br /> may cause such a record to be made, providing it pays for the record. If <br /> both parties desire a verbatim record of the proceeding the cost shall be <br /> shared equally. <br /> 7.6 WAIVER <br /> If the 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 /> agreement of the EMPLOYER and the UNION. <br /> 7.7 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 to either Step 5 of ARTICLE Vll�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 VII, the grievance is not subject to the <br /> 5 <br /> 26 <br />