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� A grievance not resolved in Step 2 may be appealed to Step 3 within seven (7) calendar days following the City's written answer in Step 2. Any grievance not appealed in writing within the time limits provided herein shall be cansidered waived. Step 2A. Upon completion of the previous procedure and prior to requesting arbitration, the Union and the Employer may agree to request mediation of the grievance by the Bureau of Mediation Seivices. Such request must be made �vithin tet� {10) calendar days following the decision in Step 2. In the event the parties mutuaIly agree to inediation, the time limit for requesting arbitration pursuant to Step 3 shaIl commence as of the date of conclusion of the mediaiion. Step 3. A grievance unresolved in Step 2 and appealed ta Step 3 by the Union shall be submitted to arbitration by the Union submitting the notice of request far arbitration to the Employer within ten (10) calendar days after the Step 2 response. The arhitration proceeding shall be conducted by an arbitrator selected from a panel of arbitrators provided by the Bureau of Mediation Services pursuant to the provisions of the Public Employment Labor Relations Act of 1971, as amended. Bath the Employer and the Union shall alternately strike names from the panel until one na�ne re�nains and that person shall be the arbitrator. The party �•equesting arbitration shall strike the first name and also shall notify the arbitrator `- of the selection. 6.5 Arbitratar's Authoritv A. The arbitrator shall have no right to amend, modify, nuliify, ignore, or add to ai subtract fi•om the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue{s} submitted in writing by the Employer and tlie Union, and shall have no autharity to make a decision on any other issue not so submitted. The arbitrator shall not have jurisdiction over any gr€evance which has not been submitted to arbitratiQn in compliance with the terms of the grievance and arbitration procedure as outlined herein. B. The arbitrator shali be without pawer to inake decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the fot�ce and effect af law. The arbitrator's decision shall be submitted in writing. The decision shali be binding on bath #he Employer and the Union and shall be based solely on the arbitrator's inteipretation or appiication of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitratar's services and praceedings shatl be ._._ borne equally by the Employer and the Union. Each party shall be responsible for 22��a-a 6