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• Page 4 <br /> of any action taken or not taken by the EMPLOYER for the purpose of <br /> complying with the provisions of this Section. <br /> 5. EMPLOYER AUTHORITY. <br /> 5.1. The EMPLOYER retains the full and unrestricted right to operate and manage <br /> all manpower, facilities, and equipment; to establish functions and <br /> programs; to set and amend budgets; to determine the utilization of <br /> technology; to establish and modify the organizational structure; to select, <br /> direct and determine the number of personnel; to establish work schedules; <br /> and to perform any inherent managerial function not specifically limited by <br /> this Agreement. <br /> 6. GRIEVANCE PROCEDURE. <br /> 6.1. Grievances, as defined in 3.11, shall be resolved in conformance with the <br /> following procedure: <br /> 6.1.1. Step 1. An EMPLOYEE claiming a violation, concerning the <br /> interpretation or application of Agreement shall, within twenty- <br /> one (21) calendar days after such alleged violation has occurred, <br /> present such grievance to the EMPLOYEE'S supervisor, as <br /> designated by the EMPLOYER. The EMPLOYER designated <br /> representative will discuss and give an answer to such Step 1 <br /> grievance within ten (10)calendar days after receipt. A grievance <br /> not resolved in Step 1 and appealed to Step 2 shall be placed in <br /> writing, setting forth the nature of the grievance, the facts on <br /> which it is based, the provision or provisions of the AGREEMENT <br /> allegedly violated, the remedy requested and shall be appealed <br /> to Step 2 within ten (10) calendar days after receipt by the <br /> UNION of the EMPLOYER designated representative's final <br /> answer in Step 1.Any grievance not appealed in writing to Step <br /> 2 by the UNION within ten(10)calendar days shall be considered <br /> waived. <br /> 6.1.2. Step 2. If appealed, the written grievance shall be presented by <br /> the UNION and discussed with the EMPLOYER designated <br /> representative. The EMPLOYER designated representative shall <br /> give the UNION the EMPLOYER'S Step 2 answer, in writing, <br /> within ten (10) calendar days after receipt of such Step 2 <br /> grievance. A grievance not resolved in Step 2 may be appealed <br /> to Step 3 within ten (10) calendar days following receipt by the <br /> • UNION of the EMPLOYER designated representative's final Step <br />