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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 of 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 /> -H- <br />