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of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten <br />(10) calendar days following the EMPLOYER -designated representative's final answer in Step 3. <br />Any grievance not appealed in writing to Step 4 by LELS within ten (10) calendar days shall be <br />considered waived. <br />Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by LELS shall be <br />submitted to arbitration subject to the provisions of the Public Employment Labor <br />Relations Act of 1971, as amended. For Grievance matters involving written disciplinary action, <br />discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota <br />Statute 626.892. For all other grievances the selection of an arbitrator shall be made in <br />accordance with the "Rules Governing the Arbitration of Grievances" as established by the <br />Bureau of Mediation Services. <br />7.5 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 consider and <br />decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and shall <br />have no authority to make a decision on 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 regulations having the <br />force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) <br />days following close of the hearing or the submission of briefs by the parties, whichever be later, <br />unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER <br />and LELS and shall be based solely on the arbitrator's interpretation or application of the express <br />terms of this AGREEMENT and to the facts of the grievance presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall be borne <br />equally by the EMPLOYER and LELS provided that each party shall be responsible for <br />compensating its own representatives and witnesses. If either party desires a verbatim record of <br />the proceedings, it may cause such a record to be made, providing it pays for the record. If both <br />parties desire a verbatim record of the proceedings the cost shall be shared equally. <br />7.6 WAIVER <br />If a grievance is not presented within the time limits set forth above, it shall be considered <br />"waived." If a grievance is not appealed to the next step within the specified time limit or any <br />agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last <br />answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified <br />time limits, LELS may elect to treat the grievance as denied at that step and immediately appeal <br />the grievance to the next step. The time limit in each step may be extended by mutual written <br />agreement of the EMPLOYER and LELS in each step. <br />7.7 CHOICE OF REMEDY <br />If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, <br />and if the grievance involves the suspension, demotion, or discharge of an employee who has <br />completed the required probationary period, the grievance may be appealed either to Step 4 of <br />Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If <br />appealed to any procedure other than Step 4 of Article VII the grievance is not subject to the <br />4 <br />223749v5 <br />70 <br />