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Step :2. The written. grievance shall be presented to <br /> the employee's department head or other <br /> EMPLOYER-designated representative. The <br /> EMPLOYER'S Step 2 answer shall be made and.. <br /> placed in writing within ten (10) calendar <br /> days after receipt o.f: :such Step 2 grievance. <br /> If a grievance is not• resolved in Step 2, such <br /> grievance shall be referred to Step 3 within <br /> ten (10) calendar days after receipt of such <br /> Step 2 answer. Any grievance not referred in <br /> writing by the employee- within ten (10) <br /> calendar days• shall be. considered waived. <br /> Step 3. The written grievance shall be presented to <br /> the EMPLOYER-designated representative. The <br /> EMPLOYER-designated representative shall give <br /> the EMPLOYER'S answer within ten (10) calendar <br /> days after receipt of such Step 3 grievance. <br /> If a grievance is not resolved in Step 3, such <br /> grievance shall be referred to Step 4 within <br /> ten (10) calendar days following the <br /> EMPLOYER-designated representative ' s .final <br /> Step 3 answer. Any grievance not referred in <br /> writing by the employee within ten (10) <br /> calendar days shall be considered waived. <br /> 16. 8 Choice of Remedy <br /> If , as a result of the written EMPLOYER response in . <br /> Step 3 the grievance remains unresolved , and if the <br /> grievance involves the suspension, demotion, or <br /> discharge of an employee who has completed the required <br /> probationary period, the grievance may be appealed <br /> either to Step 4 or .a procedure such as Veteran ' s <br /> Preference or Fair Employment, etc. If appealed to any <br /> procedure other than Step 4, the grievance is not <br /> subject to the arbitration procedure as provided in <br /> Step 4. - The aggrieved employee shall indicate in <br /> writing which procedure is to be utilized (Step 4-, or <br /> another procedure) , and shall sign a statement to the <br /> effect that the choice of any other hearing precludes <br /> the aggrieved employee from making a subsequent appeal <br /> through Step 4. <br /> Step 4. Unresolved grievances are subject to .the <br /> arbitration provisions of Minnesota Statutes <br /> Section 179. 70. The arbitrator shall not have <br /> the: right to amend , modify , nullify,: ignore, <br /> add to, or subtract from: the provisions of <br /> this AGREEMENT. The arbitrator shall consider <br /> -8- <br />