4.3. SR 10-03-2016 - Laserfiche WebLink

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representative shall respond to the union in writing within fifteen (15) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within fifteen (15) calendar days following the employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the union within fifteen (15) calendar days shall be considered waived. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration within fifteen (15) calendar days following the employer-designated representative's final Step 3 answer. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within fifteen (15) calendar days following the employer designated representative's final Step 4 answer. If the parties are unable to agree on the selection of an arbitrator, the union shall request a list of arbitrators be submitted to the parties by the Bureau of Mediation Services. 7.4 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore add to, or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the employer and the union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the employer and the union and shall be passed solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the employer and the union, provided each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally_ 7.5 Waiver If a grievance does not comply with any of the procedural requirements set forth above, it shall be considered "waived." If a grievance is not appealed in conformance with any of the procedural requirements set forth above, it will be considered settled on the basis of the employer's last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, 5