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• Page 5 <br /> 2 answer. Any grievance not appealed, in writing, to Step 3 by <br /> the UNION within ten (10) calendar days shall be considered <br /> waived. <br /> 6.1.3. Step 3. If appealed, the written grievance shall be presented by <br /> the UNION and discussed with the EMPLOYER designated Step <br /> 3 representative.The EMPLOYER designated representative shall <br /> give the UNION the EMPLOYER'S answer, in writing, within ten <br /> (10) calendar days after receipt of such Step 3 grievance. A <br /> grievance not resolved in Step 3 may be appealed to Step 4 <br /> within ten (10) calendar days following receipt by the UNION of <br /> the EMPLOYER designated representative's final Step 3 answer. <br /> Any grievance not appealed in writing to Step 4 by the UNION <br /> within ten (10) calendar days shall be considered waived. <br /> 6.1.4. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 <br /> by the UNION shall be submitted to arbitration subject to the <br /> provisions of the Public Employee Labor Relations Act of 1971, <br /> as amended. The selection of an arbitrator shall be made in <br /> accordance with the "Rules Governing the Arbitration of <br /> • Grievances", as established by the Public Employee Relations <br /> Board. <br /> 6.2. Arbitrator's Authority: <br /> 6.2.1. The Arbitrator shall have no right to amend, nullify, ignore, add <br /> to or subtract from the terms and conditions of this Agreement. <br /> The Arbitrator shall consider and decide only the specific issue(s) <br /> submitted in writing by the EMPLOYER <br /> and the UNION and shall have no authority to make a decision on <br /> any other issue not so submitted. <br /> 6.2.2. The Arbitrator shall be without power to make decisions contrary <br /> to, inconsistent with or modifying or varying in any way the <br /> application of laws, rules or regulations having the force and <br /> effect of law. The arbitrator's decision shall be submitted in <br /> writing within thirty (30) days following the close of the hearing <br /> or the submission of briefs by the parties, whichever is later, <br /> unless the parties agree to an extension. The decision shall be <br /> binding on both the EMPLOYER and the UNION and shall be <br /> based solely on the Arbitrator's interpretation or application of the <br /> express terms of this Agreement and to the facts of the grievance <br /> presented. <br />