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4 within ten (10) calendar days following the City Administrator's final answer in Step <br />3. Any grievance not appealed in writing to Step 4 by LELS within ten (10) calendar <br />days shall be considered waived <br />Step 3A. A grievance unresolved in Step 2 and appealed to Step 3 by LELS may <br />be submitted to mediation with the Minnesota Bureau of Mediation Services, subject to <br />Public Employment Labor Relations Act (PELRA). <br />Step 4. A grievance unresolved in Step 3 or 3A and appealed to Step 4 by LELS <br />shall be submitted to arbitration subject to the provisions of the PELRA as amended. <br />The selection of an arbitrator shall be made in acc. ' e with the "Rules Governing <br />the Arbitration of Grievances" as established b innesota Bureau of Mediation <br />Services. <br />6.5 Arbitrator's Authority <br />A. The arbitrator shall have no <br />subtract from the provisions o <br />and decide only the <br />and LELS, and shal <br />so submitted. <br />ecific issue <br />o author' <br />B. The arbitrator shall b <br />incons • or modi <br />rule gulati , aving t <br />C. <br />shall <br />hearing <br />writing <br />sion of bri <br />LEL <br />cation o <br />sented. <br />to amend, modify, <br />Agree s s t. The a <br />in writing b <br />a decision on <br />Y, <br />an <br />ignore, add to or <br />tor shall consider <br />EMPLOYER <br />other issue not <br />e decisions contrary to or <br />ay the application of laws, <br />d e law. The arbitrator's decision <br />thirty (31 days following the close of the <br />y the parties, whichever be later, unless the <br />decision shall be binding on both the <br />be based solely on the arbitrator's <br />express terms of this Agreement and to the <br />nses . the arbitrator's services and proceedings shall be <br />b b equally b e EMPLOYER and LELS provided that each party shall be <br />resp. le for pensating its own representatives, attorneys, and witnesses. <br />If eithe .► res a verbatim record of the proceedings, it may cause such a <br />record to . ade providing it pays for the record. If both parties desire a <br />verbatim record of the proceedings, the cost shall be shared equally. <br />6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be <br />considered waived. If a grievance is not appealed to the next step within the specified <br />time limit or any agree extension thereof, it shall be considered settled on the basis of <br />the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an <br />appeal thereof within the specified time limits, LELS may elect to treat the grievance as <br />denied at that step and immediately appeal the grievance to the next step. The time limit <br />6 <br />