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Step 3. If appealed, the written grievance shall be presented by the Union and <br />discussed with the Employer -designated Step 3 representative. The Employer - <br />designated representative shall give the Union the Employer's answer in writing <br />within twenty-one (21) calendar days after receipt of such Step 3 grievance. A <br />grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar <br />days following the Employer -designated representative's final answer in Step 3. Any <br />grievance not appealed in writing to Step 4 by the Union within ten (10) calendar <br />days shall be considered waived. <br />Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union may <br />be submitted to the Minnesota Bureau of Mediation Services for mediation or to <br />arbitration within ten (10) calendar days following the Employer -designated <br />representative's final Step 3 answer. If the grievance is submitted to mediation and is <br />not resolved, it may be appealed to arbitration within ten (10) calendar days <br />following the Employer -designated representative's final Step 4 answer. If the <br />parties are unable to agree on the selection of an arbitrator, the Union shall request a <br />list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. <br />6.5 Arbitrator's Authority: <br />a. The arbitrator shall have no right to amend, modify, 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 by the <br />Employer and the Union, and shall have no authority to make a decision on <br />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 of laws, <br />rules or regulations having the force and effect of law. The arbitrator's <br />decision shall be submitted in writing within thirty (30) days following the <br />close of the hearing or the submission of briefs by the parties, whichever be <br />later, unless the parties agree to an extension. The decision shall be binding <br />on both the Employer and the Union and shall be based solely on the <br />arbitrator's interpretation or application of the express terms of this <br />Agreement and to the facts of the grievance presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall be <br />borne equally by the Employer and the Union, provided that each party shall <br />be responsible for compensating its own representatives and witnesses. If <br />either party desires a verbatim record of the proceedings, it may cause such a <br />record to be made, providing it pays for the record. If both parties desire a <br />verbatim record of the proceedings, the cost shall be shared equally. <br />6.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall <br />be 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 on <br />the basis of the Employer's last answer. If the Employer does not answer a <br />grievance or an appeal thereof within the specified time limits, the Union may elect <br />to treat the grievances as denied at that step and immediately appeal the grievance to <br />5 <br />