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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 contraryto, 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 />