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'1.3 <br />7.4 <br />the Employees snd shall, therefore, be accomplished during normal working houn only when <br />consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union <br />Steward shall be allowed a rieasonable amounl of lime without loss in pay when a griwance is <br />investigated and pr€sented to the Bmployer during normal working hours provided lhat the Employee <br />and the Union Steward have notilied and received the prior approval ofthe designsted supervisor who <br />has determined lhat such abs€nce is rcasonable and would not bc detrimental to the work programs of <br />the Employer, <br />Procedure: Grievances, as defined by this artlcle shall be resolved in mnformance with the following <br />procedurc: <br />Slep L An Employe claiming a violation conceming the interpretation or application of lhis <br />Ageement shall, withh fourt€€n (14) calendar days ftom the alleged occurencg present in <br />wriling the naturc ofths grievance, the facts on which it is based, the provision or provisions <br />of the Agreement &llegedly violatd and the remedy requested to lhe Employee's supervisor <br />and Chief. The Employer shall answer the Employee and the Union, in writing within ten <br />(10) calendar days aller receipt. A grievance not resolved in Step I shall be appealed to Step <br />2 within t€n (10) calendar days after the Employer Step I rrsponse, <br />Step 2. lf appealed, the written griwance shall be prcsented by the Union to the city administrEtor. <br />The city administrator and the Union shall sohedule an in-person mecting to include <br />necessary participsnts within ten (10) oalendar days ater rcceipt ofsush Step 2 grievance. <br />The City and Union slnll make ev€ry ofrort for timeliress. The city administrator shall respotd, <br />in writin& to the Union within five (5) caleedar days affer the meeting, A grievance not resolved <br />in Step 2 may bc appealed to St€p 3 wi$in ten (10) calendar days following the city <br />administrator's final Step 2 answer, <br />Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by lhe Union may be submitted to <br />the Minnesota Buleau of Mediation Services for mediation or to arbitratio! within ten (10) <br />calendar days following the final Step 2 answer. Ifthe grievance is submitted to mediation <br />and is not resolved, it may be appealed to arbitration within ten ( I 0) calendar days following <br />mediation The Union shall request a list ofarbitrators to be submitted to the panies by the <br />Bureau of Medialion Services. <br />Arbitrator's Authority: <br />a. The arbitrator shall have no right to amend, modiff, nulli$, ignore, add to, or sublract from <br />the terms and conditions ofthis Agreement. The arbitrator shall consider and deoide only the <br />specifio issuds) submitted in writing by the Employer and the Union and shall havo no <br />Euthorlty to d6ide on any oth€r issue not so submitted. <br />b.The arbitrator shall be without powec to make decisions contrsry to, or inconsistent with, or <br />modi$ing or varying in 8rry way lhe application of laws, rules or regulEtions having the <br />force and effect of law. The arbitratoy's decision shall be submined in writing within thirty <br />(30) days following the close ofthe hearing or the submission of briefs by the pErti€s, <br />whichever be later, unloss lhe parties agrco to an extension. Thc decision shall be binding on <br />both the Employer and the Union and shall be based solely on lhe a$ibatoy's inlerpretation <br />or application ofthe express tenns of this Agreement and to lhe fEc& ofthe grievance <br />presented. <br />The fees and expenses for the arbitratoy's services and proceedings shall be borne equalty by <br />the Employer and tlr Union, provided thal each party shall be responsiblo for compensaling <br />its own reprcsenlatives and witnesses. Ifeither party desircs a verbatinr record ofthe <br />4 <br />c, <br />Page 65 of 304