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<br />" ' <br /> <br />. <br /> <br />. <br /> <br />Stop 2. if apPealed, the wrltte" grievance shall be pre- <br />sented by the Union and discussed with the Employer <br />designated Step 2 representative. The Employer <br />designated representative shall give the Union <br />the Employer's Step 2 answer In writing within <br />within tan (~O) calendar days after receipt of <br />such Step 2 grievance. A grievance not resolved <br />In Step 2 may be appealed to Step} within ten <br />(10) caJendar days following the Employer designated <br />representative's final Step 2 answer. Any grievance <br />not appealed In writing to Step 3 by the Union <br />within ten (~O) calendar days shall be considered <br />waived. <br /> <br />. <br /> <br />Step }. If appealed, the written grle,vanca shall be <br />presented by the Union and discussed with the <br />Employer designated Step} representative. The <br />Employer designated representative shall give <br />the Union tho Employer's answer In writing within <br />ten (IOl calender days atter receipt of such Step 3 <br />grievance. A grievance not" resolved In Step} may <br />be appealed to Step 4 w!thln ten (10) calendar days <br />following the Employer designated representative's <br />flnai answer In Step 3. Any grievance not appealed <br />In writing to Step 4 by the Union within ten CIO) <br />calendar days sball be considered waived. <br /> <br />Step 4. A grievance unresolved In Step} and appealed In <br />Step 4 sha~i be submltt~d to mediation, byelther <br />party's petitioning the Bureau of Mediation Services, <br />with writtsn notice to the other, for assistance <br />In settling the grievance through mediation. If <br />the mediation efforts fal~ to resolve the grievance <br />to the mutual satisfaction of both parties, either <br />party may within ten (10) calendar days after the <br />Director of The Bureau of Mediation Services certi- <br />fies that further mediation efforts would serve no <br />purpose, by written notice to the other party, <br />request arb i trat I on of "i'he dispute. <br /> <br />The arbitration proceading shail be conducted by <br />an 'arb I trator to be so ~ ected by mutual agreement <br />of the Employer and th, Union within seven (7) <br />calendar days after the request for such action. <br />If the partIes fali to mutually agree upon an <br />arbitrator within the s~ld seven Cll day period, <br />either party may requast tho Director, Bureau of <br />Mediation Sorvices, to provide 8 pane! of five (5) <br />arbitrators. Both the Effip~oyar and the Union <br />shall have the right to strike two (2) names from <br />the panol. Th~ party roquestlng arbitration shall <br />strike the first naffie, the other party shall then <br />strike one ill name ~nd tha process will be re- <br />peated and the remaining person shall be the ar- <br />bitrator. Fees and expenses for the erb~trator's <br />services and the proc.eding sha~1 be borne equally <br />by tho Employer and the Union. However, each party <br />shail be rG~ponslbje for componsatlng its own <br />representatives and witnQssas. The decision ot <br />the arbitrator shall be flna~ and binding upon the <br />parties and the amployeelsl and the arbitrator shall <br />ba requasteo to issua his/her decision within thirty <br />(}O) caiend~r days after the conclusion of testi- <br />mony and ar~ument. <br /> <br />Step 5. <br /> <br />6.5 ARBITRATOR'S AUTHORiTY <br /> <br />A. The arbitrator shai~ have no right to amend, modify" <br />nullify, Ignore, add to, or subtract from the terms and <br />conditions of this Agreement. The arbitrator shall <br />consider und decide only the specific IssueCs) submitted <br />in writing by the Employer an~the Union, and shall have <br />no authority to mako a decision on any other Issue not <br />so submlttlid. <br /> <br />-3- <br />