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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br />i <br />I <br />I <br />I <br />I <br />I <br /> <br /> B. The arbitrator shall be without power to make decisions <br /> contrary to or in consistent with or modifying or varying in any way <br /> the application of laws, rules or regulations having the force and <br /> effect of law. The arbitrator's decision shall be submitted in <br /> writing within thirty (30) days following the close of the hearing or <br /> the submission of briefs by the parties, whichever be later, unless <br /> the parties agree to an extension. The decision shall be binding on <br /> both the Employer and LELS and shall be based soley on the <br /> arbitrator's interpretation or application of the express terms of <br /> this Agreement and to the facts of the grievance presented. <br /> <br /> C. The fees and expenses for the arbitrator's services and <br /> proceedings shall be borne equally by the Employer and LELS provided <br /> that each party shall be responsible for compensating its own <br /> representatives and witnesses. If either party desires a verbatim <br /> 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 <br /> record of the proceedings, the cost shall be shared equally. <br /> <br /> 6.6 Waiver. If a grievance is not presented within the time limits <br />set forth above, it shall be considered "waived". If a grievance is not <br />appealed to the next step within the specified time limit or any agreed <br />extension thereof, it shall be considered settled on the basis of the <br />Employer's last answer. If the Employer does not answer a grievance or an <br />appeal thereof within the specified time limits, LELS may elect to treat <br />the'grievance as denied at that step and immediately appeal the grievance <br />to the next step. The time limit in each step may be extended by mutual <br />written agreement of the Employer and LELS in each step. <br /> <br />- 7- <br /> <br /> <br />