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12-16-19-SR
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12-16-19-SR
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violation has occurred present such grievance to the employee's supervisor as designated <br />by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an <br />answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance <br />not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the <br />nature of the grievance, the facts on which it is based, the provision or provisions of the <br />Agreement allegedly violated, and the remedy requested, and shall be appealed to Step 2 <br />within ten (10) calendar days after the EMPLOYER-designated representative's final <br />answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten <br />(10) calendar days shall be considered waived. <br />Step 2. If appealed, the written grievance shall be presented by the UNION and <br />discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER- <br />designated representative shall give the UNION the EMPLOYER'S Step 2 answer in <br />writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance <br />not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following <br />the EMPLOYER-designated representative's final Step 2 answer. Any grievance not <br />appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be <br />considered waived. <br />Step 3. If appealed, the written grievance shall be presented by the UNION and <br />discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER- <br />designated representative shall give the UNION the EMPLOYER'S answer in writing <br />within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not <br />resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following <br />the EMPLOYER-designated representative's final answer in Step 3. Any grievance not <br />appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be <br />considered waived. <br />Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be <br />submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in <br />Step 4 may be appealed to Step 5 within ten (10) calendar days following the <br />EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by <br />the UNION within ten (10) calendar days shall be considered waived. <br />Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be <br />submitted to arbitration. The arbitration proceeding shall be conducted by an arbitrator to <br />be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) <br />calendar days after the request for such action. If the parties fail to mutually agree upon <br />an arbitrator within the said seven (7) day period, either party may request the Director, <br />Bureau of Mediation Services, to provide a panel of five (5) arbitrators. Both the <br />EMPLOYER and the UNION shall have the right to strike two (2) names from panel. The <br />party requesting arbitration shall strike the first name, the other party shall then strike one <br />(1) name and the process will be repeated and the remaining person shall be the <br />arbitrator. The decision of the arbitrator shall be final and binding upon the parties. The <br />arbitrator shall be requested to issue a decision within thirty (30) calendar days after the <br />close of the record unless the parties mutually agree to an extension. <br />5.5 Arbitrator's Authority <br />A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or <br />subtract from the terms and conditions of this AGREEMENT. The arbitrator <br />shall consider and decide only the specific issue(s) submitted in writing by the <br />EMPLOYER and the UNION, and shall have no authority to make a decision <br />on any other issue not so submitted. <br />3
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