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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 <br />EMPLOYER designated representative shall give the UNION the <br />EMPLOYER'S Step 2, answer, in writing, within ten (10) calendar days <br />after receipt of such Step 2 grievance. A grievance not resolved in Step 2 <br />may be appealed to Step 3 within ten (10) calendar days following receipt <br />by the UNION of the EMPLOYER designated representative's final Step <br />2 answer. Any grievance not appealed, in writing, to Step 3 by the <br />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 <br />EMPLOYER'S answer, in writing, within ten (10) calendar days after <br />receipt of such Step 3 grievance. A grievance not resolved in Step 3 may <br />be appealed to Step 4 within ten (10) calendar days following receipt by <br />the UNION of the EMPLOYER designated representative's final Step 3 <br />answer. 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 by the UNION <br />shall be submitted to arbitration subject to the provisions of the Public <br />Employee Labor Relations Act of 1971, as amended. The selection of an <br />arbitrator shall be made in accordance with the "Rules Governing the <br />Arbitration of Grievances", as established by the Public Employee <br />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 <br />subtract from the terms and conditions of this Agreement. The Arbitrator <br />shall consider and decide only the specific issue(s) submitted in writing <br />by the EMPLOYER and the UNION and shall have no authority to make <br />a decision on any other issue not so submitted. <br />6.2.2. The Arbitrator shall be without power to make decisions contrary to, <br />inconsistent with or modifying or varying in any way the application of <br />laws, rules or regulations having the force and effect of law. The <br />arbitrator's decision shall be submitted in writing within thirty (30) days <br />following the close of the hearing or the submission of briefs by the <br />parties, whichever is later, unless the parties agree to an extension. The <br />decision shall be binding on both the EMPLOYER and the UNiON and <br />shall be based solely on the Arbitrator's interpretation or application of <br />the express terms of this Agreement and to the facts of the grievance <br />presented. <br />6.2.3. The fees and expenses for the Arbitrator's services and proceedings <br />shall be borne equally by the EMPLOYER and the UNION, provided that <br />each party shall be responsible for compensating its own representatives <br />and witnesses. if either party desires a verbatim record of the <br />proceedings, it may cause such a record to be made, providing it pays for <br />El <br />