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STEP 2. The written grievance shall be presented personally <br /> to the employee's department head or other EMPLOYER-designated <br /> • representative. A copy will be sent by registered mail , <br /> return requested to the City Manager. The EMPLOYER-designated <br /> representative shall give the employee the EMPLOYER'S Step 2 <br /> answer within ten (10) calendar days after receipt of such <br /> Step 2 grievance. If a grievance is not resolved in Step 2, <br /> such grievance shall be referred to Step 3 within ten (10) <br /> calendar days following the EMPLOYER-designated representa- <br /> tive's final Step 2 answer. Any grievance not referred in <br /> writing by the employee within ten (10) calendar days shall be <br /> considered waived. <br /> Step 3. The written grievance shall be presented personally <br /> to the EMPLOYER-designated representative (City Manager) . The <br /> EMPLOYER-designated representative shall give the EMPLOYER'S <br /> answer within ten (10) calendar days after receipt of such <br /> Step 3 grievance. If a grievance is not resolved in Step 3, <br /> such grievance shall be referred to Step 4 within ten (10) <br /> calendar days following the EMPLOYER-designated representa- <br /> tive's final Step 3 answer. Any grievance not referred in <br /> writing by the employee within ten (10) days shall be con- <br /> sidered waived. <br /> Step 4. Unresolved grievances are subject to the arbitration <br /> provisions of Minnesota Statutes, Section 179.70. The ar- <br /> bitrator shall not have the right to amend, modify, nullify, <br /> ignore, add to, or subtract from the provisions of this <br /> • AGREEMENT. He shall consider and decide only the specific <br /> issue submitted to him in writing by the EMPLOYER and the <br /> UNION and shall have no authority to make decision on any <br /> other issue not so submitted to him. The arbitrator shall be <br /> without power to make decisions contrary to or inconsistent <br /> with or modifying or varying in any way the application for <br /> laws, rules or regulations having the force and effect of the <br /> law. The arbitrator shall submit his decision in writing <br /> within thirty (30) days following the close of the hear- <br /> ing or the submission of briefs by the parties, whichever is <br /> later unless the parties agree to an extension. The decis- <br /> ion shall be based solely upon the arbitrator's interpretation <br /> or application of the express terms of this AGREEMENT on the <br /> facts of the grievance presented. <br /> All documents, communications and records dealing with a <br /> grievance shall be filed separately from the personnel files <br /> of the involved employee(s) . <br /> The time limits established in this Article may be extended or <br /> modified by mutual consent of the EMPLOYER and the UNION and <br /> shall be in writing. <br /> • 12 <br />