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• City of St. Anthony <br /> Public Works Labor Agreement <br /> Page 4 <br /> representative's final Step 2 answer. Any grievance not appealed in writing <br /> to Step 3 by the UNION within ten (10) calendar days shall be considered <br /> waived. <br /> Step 3. If appealed, the written grievance shall be presented by the UNION <br /> and discussed with the EMPLOYER-designated Step 3 representative. The <br /> EMPLOYER-designated representative shall give the UNION the EMPLOYER'S <br /> answer in writing within ten (10) calendar days after receipt of such Step 3 <br /> grievance. A grievance not resolved in Step 3 may be appealed to Step 4 <br /> within ten (10) calendar days following the EMPLOYER-designated <br /> representative's final answer in Step 3. Any grievance not appealed in <br /> writing to Step 4 by the UNION within ten (10) calendar days shall be <br /> considered waived. <br /> Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be <br /> submitted to the Minnesota Bureau of Mediation Services. A grievance not <br /> resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days <br /> following the EMPLOYER'S final answer in Step 4. Any grievance not <br /> • appealed in writing to Step 5 by the UNION within ten (10) calendar days <br /> shall be considered waived. <br /> Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be <br /> submitted to arbitration subject to the provisions of the Public Employment <br /> Labor Relations Act of 1971 , as amended. The selection of an arbitrator <br /> shall be made in accordance with the "Rules Governing the Arbitration of <br /> Grievances" as established by the Public Employment Relations Board. <br /> 6.5 Arbitrator's Authority <br /> A. The arbitrator shall have no right to amend, modify, nullify, ignore, <br /> add 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 and the UNION, and shall have <br /> no authority to make a decision on any other issue not so submitted. <br /> B. The arbitrator shall be without power to make decisions contrary to, or <br /> inconsistent with, or modifying or varying in any way the application <br /> of laws, rules, or regulations having the force and effect of law. The <br /> arbitrator's decision shall be submitted in writing within thirty (30) <br /> days following the close of the hearing or the submission of briefs by <br /> • the parties, whichever be later, unless the parties agree to an <br /> extension. The decision shall be binding on both the EMPLOYER and <br />