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and shall be appealed to Step 2 within 10 calendar days after the <br />EMPLOYER -designated representative's final answer in Step 1. Any <br />grievance not appealed in writing to Step 2 by the UNION within 10 <br />calendar days shall be considered waived. <br />Step 2. If appealed, the written grievance shall be presented by the UNION <br />and discussed with the EMPLOYER -designated Step 2 Representative. <br />The EMPLOYER -designated Step 2 Representative shall give the UNION <br />the EMPLOYER'S Step 2 answer in writing within 10 calendar days after <br />receipt of such Step 2 grievance. A grievance not resolved in Step 2 may <br />be appealed to Step 3 within 10 calendar days following the EMPLOYER - <br />designated Representatives final Step 2 answer. Any grievance not <br />appealed in writing to Step 3 by the UNION within 10 calendar days shall <br />be considered waived. <br />Step 3. If appealed, the written grievance shall be presented by the UNION <br />and discussed with the EMPLOYER -designated Step 3 Representative. <br />The EMPLOYER -designated representative shall give the UNION the <br />EMPLOYER'S answer in writing within 10 calendar days after receipt of <br />such Step 3 grievance. A grievance not resolved in Step 3 may be appealed <br />to Step 4 within 10 calendar days following the EMPLOYER -designated <br />representative's final answer to Step 3. Any grievance not appealed in <br />writing to Step 4 by the UNION within 10 calendar days shall be considered <br />waived. <br />Step 3a. If the grievance is not resolved at Step 3 of the grievance <br />procedure, the parties, by mutual agreement, may submit the matter <br />to mediation with the Bureau of Mediation Services. Submitting the <br />grievance to mediation preserves timeliness for Step 4 of the <br />grievance procedure. Any grievance not appealed in writing to Step <br />4 by the UNION within 10 calendar days of mediation shall be <br />considered waived. <br />Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the <br />UNION shall be submitted to arbitration subject to the provisions of the <br />Public Employment Labor Relations Act of 1971, as amended. The <br />selection of an arbitrator shall be made in accordance with the "Rules <br />Governing the Arbitration of Grievances" as established by the Bureau of <br />Mediation Services. <br />7.5 ARBITRATOR'S AUTHORITY <br />A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, <br />or subtract from the terms and conditions of this AGREEMENT. The <br />arbitrator shall consider and decide only the specific issue(s) submitted in <br />writing by the EMPLOYER and the UNION and shall have no authority to <br />make decisions on 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 the law. The arbitrator's <br />6 <br />