RES 86-028 RESOLTUION DELETING ARTICLE XXV AND RENUMBERING ARTICLES XXVI TO XXIX CONTAINED IN THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND TEAMSTERS LCOAL 320

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-4- Step 2. If appealed, the written grievance shall be presented by the UNION • and discussed with the EMPLOYER-designated representative shall give the UNION the EMPLOYER' s Step 2 answer in writing within ten (.10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten CIO) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step. 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of- such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten 00) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION • shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 , as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitra- tion of Grievances", as established by the Public Employment Relations Board. 7.5 Arbitrators Authority: A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The Arbitrator shall consider and decide only the specific issue(s) submitted in writing by- the- EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The Arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within -thitty ._(30) days following close- of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. • The decision shall be bindin 'on both the EMPLOYER and the UNION and shall be based solely on the Arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented.