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ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE <br />7.1 DEFINITION OF A GRIEVANCE <br />A grievance is defined as a dispute or disagreement as to the interpretation or application of the <br />specific terms and conditions of this AGREEMENT. <br />7.2 UNION REPRESENTATIVES <br />The EMPLOYER will recognize REPRESENTATIVES designated by LELS as the grievance <br />representatives of the bargaining unit having the duties and responsibilities established by this <br />Article. LELS shall notify the EMPLOYER in writing of the names of such UNION <br />REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this <br />AGREEMENT. <br />7.3 PROCESSING OF A GRIEVANCE <br />It is recognized and accepted by LELS and the EMPLOYER that the processing of grievances as <br />hereinafter provided is limited by the job duties and responsibilities of the employees and shall <br />therefore be accomplished during normal working hours only when consistent with such employee <br />duties and responsibilities. The aggrieved employee and a UNION REPRESENTATIVE shall be <br />allowed a reasonable amount of time without loss in pay when a grievance is investigated and <br />presented to the EMPLOYER during normal work hours provided that the employee and the <br />UNION REPRESENTATIVE have notified and received the approval of the designated supervisor <br />who has determined that such absence is reasonable and would not be detrimental to the work <br />programs of the EMPLOYER. <br />7.4 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 violation has <br />occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. <br />The EMPLOYER -designated representative will discuss and give an answer to such Step 1 <br />grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and <br />appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on <br />which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy <br />requested, and shall be appealed to Step 2 within ten (10) calendar days after the <br />EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in <br />writing to Step 2 by LELS within ten (10) calendar days shall be considered waived. <br />Step 2. If appealed, the written grievance shall be presented by LELS and discussed with <br />the EMPLOYER -designated Step 2 representative. The EMPLOYER -designated representative <br />shall give LELS the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after <br />receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 <br />within ten (10) calendar days following the EMPLOYER -designated representative's final Step 2 <br />answer. Any grievance not appealed in writing to Step 3 by LELS within ten (10) calendar days <br />shall be considered waived. <br />Step 3. If appealed, the written grievance shall be presented by LELS and discussed with <br />the EMPLOYER -designated Step 3 representative. The EMPLOYER -designated representative <br />shall give LELS the EMPLOYER'S answer in writing within ten (10) calendar days after receipt <br />3 <br />223749v5 <br />69 <br />