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<br /> <br /> Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to <br /> arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as <br /> amended. The EMPLOYER and the Union representative shall endeavor to select a mutually <br /> acceptable arbitrator to hear and decide the grievance. If the parties cannot agree on an <br /> arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing <br /> the Arbitration of Grievances" as established by the Bureau of Mediation Services. <br /> <br />6.5 ARBITRATOR'S AUTHORITY <br /> <br /> A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract <br />from the terms and conditions of this AGREEMENT. The arbitrator shall consider <br />and decide only the specific issue(s) submitted in writing by the EMPLOYER and the <br />UNION, and shall have no authority to make a decision on any other issue not so <br />submitted. <br /> <br /> B. 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 regulations <br />having the force and effect of law. The arbitrator's decision shall be submitted in <br />writing within thirty (30) days following the close of the hearing or the submission of <br />briefs by the 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 shall be based <br />solely on the arbitrator's interpretation or application of the express terms of this <br />AGREEMENT and to the facts of the grievance presented. <br /> <br /> C. The fees and expenses for the arbitrator's services and proceedings shall be borne <br />equally by the EMPLOYER and the UNION provided that each party shall be <br />responsible for compensating its own representatives and witnesses. If either party <br />desires a verbatim record of the proceedings, it may cause such a record to be made, <br />providing it pays for the record. If both parties desire a verbatim record of the <br />proceedings the cost shall be shared equally. <br /> <br />6.6 WAIVER <br /> <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 any <br />agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last <br />answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the <br />specified time limits, the UNION may elect to treat the grievance as denied at that step and <br />immediately appeal the grievance to the next step. The time limit in each step may be extended <br />by mutual agreement of the EMPLOYER and the UNION. <br /> <br /> <br />ARTICLE VII - SAVINGS CLAUSE <br /> <br />In the event any provision of this AGREEMENT shall be held to be contrary to law by court of <br />competent jurisdiction from whose final judgment or decree no appeal has been taken within the time <br />provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in <br />full force and effect. The voided provision may be renegotiated at the request of either party. <br />4 <br /> <br /> <br /> <br /> <br />