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ARTICLE 21: GRIEVANCE PROCEDURE <br />This grievance procedure is established for the purpose of resolving disputes involving the <br />interpretation or application of this AGREEMENT. <br />2. The EMPLOYER will recognize Stewards selected by the UNION as the grievance <br />representatives of the bargaining unit. The UNION shall notify the EMPLOYER in writing <br />of the Stewards and of their successors when so named. <br />3. A grievance is defined as a dispute over the interpretation or application of this <br />AGREEMENT. <br />4. Grievances shall be resolved in the following manner: <br />STEP 1. An employee claiming a violation concerning the interpretation or application of <br />this AGREEMENT shall within twenty -one (21) calendar days after such alleged violation <br />present such grievance to the employee's immediate supervisor designated by the <br />EMPLOYER. The EMPLOYER - designated representative will give a final answer to Step <br />1 grievance within ten (10) calendar days. If a grievance is not resolved in Step 1, such <br />grievance shall be placed in writing and referred to Step 2 within ten (10) calendar days <br />after the EMPLOYER'S final answer in Step 1. Any grievance not referred in writing by <br />the employee within ten (10) calendar days shall be considered waived. <br />STEP 2. The written grievance shall be presented personally to the employee's department <br />head or other EMPLOYER - designated representative. A copy will be sent by registered <br />mail, return requested to the City Manager. The EMPLOYER- designated representative <br />shall give the employee the EMPLOYER'S Step 2 answer within ten (10) calendar days <br />after receipt of such Step 2 grievance. If a grievance is not resolved in Step 2, such <br />grievance shall be referred to Step 3 within ten (10) calendar days following the <br />EMPLOYER - designated representative's final Step 2 answer. Any grievance not referred <br />in writing by the employee within ten (10) calendar days shall be considered waived. <br />STEP 3. The written grievance shall be presented personally to the EMPLOYER - <br />designated representative (City Manager). The EMPLOYER- designated representative <br />shall give the EMPLOYER'S answer within ten (10) calendar days after receipt of such <br />Step 3 grievance. If a grievance is not resolved in Step 3, such grievance shall be referred <br />to Step 4 within ten (10) calendar days following the EMPLOYER- designated representa- <br />tive's final Step 3 answer. Any grievance not referred in writing by the employee within <br />ten (10) days shall be considered waived. <br />STEP 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, <br />by mutual agreement, may submit the matter to mediation with the Bureau of Mediation <br />Services. Submitting the grievance to mediation preserves the timelines for Step 4 of the <br />grievance procedure. <br />STEP 4. Unresolved grievances are subject to the arbitration provisions of Minnesota <br />Statutes, Section 179A.21. The arbitrator shall not have the right to amend, modify, nullify, <br />ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall <br />10 <br />