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<br />The arbitrator shad be without authority to recommend any right or relief on an <br />alleged grievance occurring at any time other than the contract period in which such right <br />originated or to make any awazd based on rights arising under any previous agreement, <br />grievance, or practices. The arbitrator shad not establish any new or different wage rates <br />not negotiated as part of this agreement. In the event of a monetary awazd, the arbitrator <br />shad iimit any retroactive settlement to the date the grievance was presented to the <br />Employer in Step 1 of the grievance procedure. <br />The question of arbitrability of a grievance may be raised by either party before <br />the arbitration hearing of the grievance on the grounds that the matter is non-arbitrable or <br />beyond the arbitratoes jurisdiotion. The first question to be placed before the arbitrator <br />wig be whether or not the grievance is arbitrable. If the arbitrator determines the <br />grievance is within the purview of arbitrability, the grievance will be heard on its merits <br />before the same arbitrator. <br />The decision of the arbitrator shad be final and binding on the grievant, the F.O.P. <br />and the Employer. The arbitrator shall be requested to issue his doeision within thiriy (30) <br />calendar days after the conclusion of testimony and argvment or submission of final <br />briefs. <br />The cost and fees of the arbitrator shall be borne equally by the parties. The <br />expense of any non-employee witness shall be borne, if any, by the party caliing them. <br />The fees of the court reporter shall be paid by the pariy asldng for one: such fees shall be <br />split equally if both parties desire a reporter, or request a copy of any transcripts. Any <br />bazgaining unit member whose attendance is required for such heazings shall not iose pay <br />(26) <br />