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a. The arbitrator will not have the authority to add to, <br />subtract from, alter, change or modify the provisions of <br />this Agreement. <br />b. The arbitrator shall have the power to interpret and <br />apply the terms of the Agreement and/or determine <br />whether there has been a violation of the terms of this <br />Agreement . <br />c. The arbitrator shall consider and decide only the <br />question or issue raised at Step 1 and/or Step 2. <br />d. In conducting a hearing, the arbitrator shall keep a <br />verbatim record of testimony either by tape recording <br />or court reporter. The party or parties requesting or <br />using transcription of the official records shall share <br />equally in the cost of such services. The arbitrator shall <br />also have the authority to receive evidence and <br />question witnesses. <br />e . Decisions regarding changes in past practices (Section <br />4.3) shall be advisory only. <br />e) Arbitration Awa r d -Damages -Expenses : <br />a. The arbitrator shall not have the authority to award <br />punitive damages. <br />b . Each party hereto shall pay the expenses of their own <br />representatives, attorneys, witnesses and other costs <br />associated with the presentation of their case and the <br />expenses, as well as one-half (1/2) the expenses of the <br />arbitrator. <br />B. For issues that involve hiring, firin g, discipline or working conditions: In <br />the event no agreement is reached through Step 2 of the grievance <br />process, the Union may pursue any remedy available under law . <br />ARTICLE 20 -WAJVEROF PORTION OF AGREEMENT <br />20.1 The expressed provisions of this Agreement may not be waived except by <br />mutual agreement of the Union and the County, and in any individual case, the <br />affected employee. Neither County nor Union will ask for or accept a voluntary <br />waiver by an employee without prior consent of the other party. <br />-16-