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inconsistent with the County's management rights. This Agreement may not be construed by <br />the arbitrator to supersede applicable state or federal laws, except to the extent as specifically <br />provided herein. <br />13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the <br />question that is presented, which question must be actual and existing. In any arbitration <br />decision resulting in a retroactive adjustment, such adjustment shall be limited to ten <br />calendar days prior to the date of the filing of the grievance. In any arbitration decision <br />resulting in back pay to an aggrieved employee, such back pay shall be offset by interim <br />earnings, including unemployment compensation. <br />13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on <br />behalf of the bargaining unit members except where the Union refuses to represent an <br />employee as a result of the employee not being a member of the Union. <br />191 <br />