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6.1.2. Step 2. If appealed, the written grievance shall be presented by the UNION and <br />discussed with the EMPLOYER designated representative. The EMPLOYER <br />designated representative shall give the UNION the EMPLOYER'S Step 2 answer, <br />in writing, within ten (10) calendar days after receipt of such Step 2 grievance. A <br />grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) <br />calendar days following receipt by the UNION of the EMPLOYER designated <br />representative's final Step 2 answer. Any grievance not appealed, in writing, to <br />Step 3 by the UNION within ten (10) calendar days shall be considered waived. <br />6.1.3. Step 3. If appealed, the written grievance shall be presented by the UNION and <br />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 within <br />ten (10) calendar days following receipt by the UNION of the EMPLOYER <br />designated representative's final Step 3 answer. Any grievance not appealed in <br />writing to Step 4 by the UNION within ten (10) calendar days shall be considered <br />waived. <br />6.1.4. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be <br />submitted to arbitration subject to the provisions of the Public Employee Labor <br />Relations Act of 1971, as amended. The selection of an arbitrator shall be made in <br />accordance with the "Rules Governing the Arbitration of Grievances ", as <br />established by the Public Employee Relations Board. <br />6.2. Arbitrator's Authority: <br />6.2.1. The Arbitrator shall have no right to amend, nullify, ignore, add to or subtract from <br />the terms and conditions of this Agreement. The Arbitrator shall consider and <br />decide only the specific issue(s) submitted in writing by the EMPLOYER and the <br />UNION and shall have no authority to make a decision on any other issue not so <br />submitted. <br />6.2.2. The Arbitrator shall be without power to make decisions contrary to, inconsistent <br />with or modifying or varying in any way the application of laws, rules or regulations <br />having the force and effect of law. The arbitrator's decision shall be submitted in <br />writing within thirty (30) days following the close of the hearing or the submission of <br />briefs by the parties, whichever is later, unless the parties agree to an extension. <br />The decision shall be binding on both the EMPLOYER and the UNION and shall <br />be based solely on the Arbitrator's interpretation or application of the express <br />terms of this Agreement and to the facts of the grievance presented. <br />6.2.3. The fees and expenses for the Arbitrator's services and proceedings shall be borne <br />equally by the EMPLOYER and the UNION, provided that each party shall be <br />responsible for compensating its own representatives and witnesses. If either party <br />desires a verbatim record of the proceedings, it may cause such a record to be <br />made, providing it pays for the record. If both parties desire a verbatim record of <br />the proceedings, the cost shall be shared equally. <br />6.3. Waiver. If a grievance is not presented within the time limits set forth above, it shall be <br />considered "waived ". If a grievance is not appealed to the next step within the <br />specified time limit or any agreed extension thereof, it shall be considered settled <br />on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer <br />a grievance or an appeal thereof, within the specified time limits, the UNION may <br />elect to treat the grievance as denied at that step and immediately appeal the <br />grievance to the next step. <br />4 <br />