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violation has occurred present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOY! r piresen-(tJIive will discuss a c.] dive an answer to such Step 1 grievance suvithin ten (10)calendar dfays after receipt. A grievance not resolved in Step 1 and appealed to Stela 2 shall;be placed in writing setting forth the nature of the grievance,the facts on which it Is based, the provision or provisions of the Agreement allegedly violated,and the remedy requested,and shall be applealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1.Any grievance not appealed in writing to Step 2 by the ANION within ten (10)calendar days shall be considered waived. Step if appealed, the wriften grievance shall be presented by the UNION and discussed with the EMPLOYER-designated. Step 2 representative, The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance.A grievance not resolved in Step 2 may be appealed to Step 3 within ten(t 0)calendar days following the EMPLOYER-designated representative's final Step 2 answer, Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Stop 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative, The EMPLOYER- designated representative shall give the UNION t'he EMPLOYER'S answer,in wr't�r 'ngi within ten 10)cale:ndar days after receipt of suich Step 3 girievence. grievance not A y resolved in 'Stepp 3 may be appeal-ad t �Step wJit�i rl ten� t 0)c let.ljar days follrjw��g the WP YER-designated represer-tat.ive's final answer in Step 3,Any grievance not; appealed in writing to Step 4 by the UNION within ten 110) vmlendar days shall be considered waived_ Step4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to the Minnesota Bureau of Mediation Services.A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4,Any grievance not appealed in writing to Step 5 by the UNION within ten(10)calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration.The arbitration proceeding shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after the request for such action. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Director, Bureau of Mediation Services, to provide a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two(2)names from panel.The party requesting arbitration shall strikes the first na;rne,the other party shall then strike one (1) name and they process will be repeated. and the remaining person stall be the arbitrator. The decision of the arbitrator shall be final and blinding upon the parties. The arbitrator shall be requested to issue a decislcn within th'My 3:0')calendar days after the close of the record unless the parties mutually agree to an extension. 5.5 r1 t �I $A � q Y. .t vnwiwww A, The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from 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 the UNION, and shall have no authority to make a decision on any other issue not so submitted. 3