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5 <br />this Agreement shall, within fourteen (14) calendar days from the alleged occurrence, <br />present in writing the nature of the grievance, the facts on which it is based, the provision <br />or provisions of the Agreement allegedly violated, and the remedy requested to the <br />Employee's supervisor and Chief. The Employer shall answer the Employee and the <br />Union, in writing within ten (10) calendar days after receipt. A grievance not resolved in <br />Step 1 shall be appealed to Step 2 within ten (10) calendar days after the Employer Step 1 <br />response. <br />Step 2. If appealed, the written grievance shall be presented by the Union to the city <br />administrator. The city administrator and the Union shall schedule an in-person meeting <br />to include necessary participants within ten (10) calendar days after receipt of such Step 2 <br />grievance. The City and Union shall make every effort for timeliness. The city administrator <br />shall respond, in writing, to the Union within five (5) calendar days after the meeting. A <br />grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days <br />following the city administrator’s final Step 2 answer. <br />Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the Union may be <br />submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration <br />within ten (10) calendar days following the final Step 2 answer. If the grievance is <br />submitted to mediation and is not resolved, it may be appealed to arbitration within ten <br />(10) calendar days following mediation. The Union shall request a list of arbitrators to be <br />submitted to the parties by the Bureau of Mediation Services. <br />7.4 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 shall <br /> consider and decide only the specific issue(s) submitted in writing by the <br /> Employer and the Union and shall have no authority to decide on any other <br /> 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 decision <br /> shall be submitted in writing within thirty (30) days following the close of the <br /> hearing or the submission of briefs by the parties, whichever be later, unless the <br /> parties agree to an extension. The decision shall be binding on both the <br /> Employer and the Union and shall be based solely on the arbitrator's <br /> interpretation or application of the express terms of this Agreement and to the <br /> 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 be <br /> responsible for compensating its own representatives and witnesses. If either <br /> party desires a verbatim record of the proceedings, it may cause such a record <br />Page 67 of 111