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16 <br /> <br />response shall be provided to the employee within 15 calendar days of receipt of the <br />written grievance. The written response of the City Council shall constitute the city's final <br />response to the employee’s grievance. <br />4. Employees considered essential employees as defined by FLSA guidelines, not already <br />covered by a collective bargaining agreement are entitled to appeal a grievance, not <br />resolved in Step 3, to the Minnesota Bureau of Mediation Service. The employee has 15 <br />days following receipt of the city's Step 3 answer to submit for mediation. The city will <br />discuss and respond in writing to the Step 3 grievance at the mediation session scheduled <br />by the Bureau of Mediation Services. If the grievance is submitted to mediation and is not <br />resolved, it may be appealed to arbitration within 15 calendar days following the city's <br />Step 3 answer. <br />5. A grievance unresolved in Step 4 and appealed to Step 5 by the employee shall be <br />submitted to arbitration subject to the provisions of the Public Employment Labor <br />Relations Act of 1971, as amended. The employee shall notify the city of its intention to <br />arbitrate the grievance within 15 calendar days following the city's final Step 4 answer. If <br />the parties are unable to agree on the selection of an arbitrator, the employee shall <br />request a list of arbitrators to be submitted to the parties by the Bureau of Mediation <br />Services. The selection of an arbitrator shall be made in accordance with the "Rules <br />Governing the Arbitration of Grievances" as established by the Bureau of Mediation <br />Services. <br />The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract <br />from the terms and conditions of this policy. The arbitrator shall consider and decide only <br />the specific issue(s) submitted in writing by the city and the employee, and shall have no <br />authority to make decisions on any other issue not so submitted. <br />The fees and expenses for the arbitrator's services and proceedings shall be borne equally <br />by the city and the employee. <br /> <br />SECTION 4: COMPENSATION <br /> <br />4.1 Position Classifications <br />The City shall establish and maintain a position classification plan for all positions covered in this <br />policy. Each position with the city shall be assigned to a class on the basis of duties and <br />responsibilities, authority, and complexity of position. The class may contain more than one <br />position. A new class may be added when a new position is created and no class exists for the <br />new position. <br /> <br />58