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02-12-24-R
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02-12-24-R
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to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved <br />in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the <br />grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly <br />violated, and the remedy requested, and shall be appealed to Step 2 within ten (10) calendar <br />days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance <br />not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be <br />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 writing <br />within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved <br />in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER - <br />designated representative's final Step 2 answer. Any grievance not appealed in writing to Step <br />3 by the UNION within ten (10) calendar days shall be 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 the <br />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 submitted <br />to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be <br />appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in <br />Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar <br />days shall be considered waived. <br />Step 5• A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted <br />to arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by <br />mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after <br />the request for such action. If the parties fail to mutually agree upon an arbitrator within the <br />said seven (7) day period, either party may request the Director, Bureau of Mediation <br />Services, to provide a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall <br />have the right to strike two (2) names from panel. The party requesting arbitration shall strike <br />the first name, the other party shall then strike one (1) name and the process will be repeated <br />and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final <br />and binding upon the parties. The arbitrator shall be requested to issue a decision within thirty <br />(30) calendar days after the close of the record unless the parties mutually agree to an <br />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 shall <br />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 on <br />any other issue not so submitted. <br />
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