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6 <br />223749v5 <br />an extension. The decision shall be binding on both the EMPLOYER and LELS <br />and shall be based solely on the arbitrator's interpretation or application of the <br />express terms of this AGREEMENT and to the facts of the grievance presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall be borne <br />equally by the EMPLOYER and LELS provided that each party shall be responsible <br />for compensating its own representatives and witnesses. If either party desires a <br />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 />7.6 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 />any agreed 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 appeal <br />thereof within the specified time limits, LELS may elect to treat the grievance as denied at <br />that step and immediately appeal the grievance to the next step. The time limit in each step <br />may be extended by mutual written agreement of the EMPLOYER and LELS in each step. <br />7.7 CHOICE OF REMEDY <br />If, as a result of the written EMPLOYER response in Step 3, the grievance remains <br />unresolved, and if the grievance involves the suspension, demotion, or discharge of an <br />employee who has completed the required probationary period, the grievance may be <br />appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's <br />Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article <br />VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article <br />VII. The aggrieved employee shall indicate in writing which procedure is to be <br />utilized--Step 4 of Article VII or another appeal procedure--and shall sign a statement to <br />the effect that the choice of any other hearing precludes the aggrieved employee from <br />making a subsequent appeal through Step 4 of Article VII. Except that with respect to <br />statutes under the jurisdiction of the United States Equal Employment Opportunity <br />Commission, an employee pursuing a statutory remedy is not precluded from also pursuing <br />an appeal under this grievance procedure.