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Step 1: An employee claiming a violation concerning the interpretation or <br />application of this AGREEMENT shall, within twenty-one (21) calendar <br />days after such alleged violation has occurred, present such grievance to <br />the employee's supervisor as designated by the EMPLOYER. The <br />EMPLOYER -designated Representative will discuss and give an answer <br />to such Step 1 grievance within ten (10) calendar days after receipt. A <br />grievance not resolved in Step 1 and appealed to Step 2 shall be placed in <br />writing setting forth the nature of the grievance, the facts on which it is <br />based, the provision or provisions of the AGREEMENT allegedly <br />violated, the remedy requested and shall be appealed to Step 2 within ten <br />(10) calendar days after the EMPLOYER -designated Representative's <br />final answer in Step 1. Any grievance not appealed in writing to Step 2 <br />by the UNION within ten (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 <br />EMPLOYER -designated Step 2 Representative shall give the UNION the <br />EMPLOYER'S Step 2 answer in writing within ten (10) calendar days <br />after receipt of such Step 2 grievance. A grievance not resolved in Step 2 <br />may be appealed to Step 3 within ten (10) calendar days following the <br />EMPLOYER -designated Representative's final Step 2 answer. Any <br />grievance not appealed in writing to Step 3 by the UNION within ten (10) <br />calendar days shall be considered waived. <br />Sten 3: A grievance unresolved in Step 2 and appealed to Step 3 by the UNION <br />shall be submitted to arbitration subject to the provisions of the rules and <br />regulations established by the State of Minnesota Bureau of Mediation <br />Services. <br />7.5 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 on <br />any other issue not so submitted. <br />B. The Arbitrator shall be without power to make decisions contrary to, or <br />inconsistent with, or modifying or varying in any way the application of laws, <br />rules, or regulations having the force and effect of law. The Arbitrators decision <br />shall be submitted in writing within thirty (30) days following the close of the <br />hearing or the submission of briefs by the parties, whichever be later, unless the <br />parties agree to an extension. The decision shall be binding on both the <br />EMPLOYER and the UNION and shall be based solely on the Arbitrator's <br />interpretation or application of the express terms of this AGREEMENT and to the <br />facts of the grievance presented. <br />,:l <br />42 <br />