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3 <br /> <br />224223v3 <br />consistent with such employee duties and responsibilities. The aggrieved employee and a <br />UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss <br />in pay when a grievance is investigated and presented to the EMPLOYER during normal <br />work hours provided that the employee and the UNION REPRESENTATIVE have <br />notified and received the approval of the designated supervisor who has determined that <br />such absence is reasonable and would not be detrimental to the work programs of the <br />EMPLOYER. <br />6.4 PROCEDURE <br /> Grievances, as defined by Section 7.1, shall be resolved in conformance with the following <br />procedure: <br /> Step 1. An employee claiming a violation concerning the interpretation or application of <br />this AGREEMENT shall, within twenty-one (21) calendar days after such alleged <br />violation has occurred, present such grievance to the employee’s supervisor as <br />designated by the EMPLOYER. The EMPLOYER-designated representative will <br />discuss and give an answer to such Step 1 grievance within ten (10) calendar days <br />after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be <br />placed in writing setting forth the nature of the grievance, the facts on which it is <br />based, the provision or provisions of the AGREEMENT allegedly violated, and <br />the remedy requested and shall be appealed to Step 2 within ten (10) calendar days <br />after the EMPLOYER-designated representative's final answer in Step 1. Any <br />grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar <br />days shall be considered waived. <br /> Step 2. If appealed, the written grievance shall be presented by the UNION and discussed <br />with the EMPLOYER-designated Step 2 representative. The EMPLOYER- <br />designated representative shall give the UNION the EMPLOYER'S Step 2 answer <br />in writing within ten (10) calendar days after receipt of such Step 2 grievance. A <br />grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) <br />calendar days following the EMPLOYER-designated representative's final Step 2 <br />answer. Any grievance not appealed in writing to Step 3 by the UNION within ten <br />(10) calendar days shall be considered waived. <br /> Step 3. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be <br />submitted to arbitration subject to the provisions of the Public Employment Labor <br />Relations Act of 1971, as amended. The selection of an arbitrator shall be <br />considered waived. <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 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 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 inconsistent <br />with, or modifying or varying in any way the application of laws, rules, or <br />regulations having the force and effect of law. The arbitrator's decision shall be <br />submitted in writing within thirty (30) days following the close of the hearing or the <br />submission of briefs by the parties, whichever be later, unless the parties agree to an <br />extension. The decision shall be binding on both the EMPLOYER and the UNION