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days following the Employer designated representative's final Step 2 answer. Any <br />grievance not appealed in writing to Step 3 by LELS within ten (10) calendar days shall <br />be considered waived. <br />Step 3. If appealed, the written grievance shall be presented by LELS and <br />discussed with the Ramsey City Administrator who is the Employer's designated Step <br />3 representative. The Employer designated representative shall give LELS the <br />Employer's answer in writing within ten (10) calendar days after receipt of such Step <br />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 representive's final answer in <br />Step 3. Any grievance not appealed in writing to Step 4 by LS within ten (10) <br />calendar days shall be considered waived <br />Step 3A. A grievance unresolved in Step 2 <br />pealei'' tep 3 by LELS may <br />be submitted to mediation subject to Public E,nploybes Labor Relations Act (PELRA). <br />Step 4. A grievance unresolved ep 3 or 3A and appealed to by LELS <br />shall be submitted to arbitration subject to the provisionssof the Publ mployment <br />Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made <br />in accordance with the "Rules .. verning the Arbitration of Grievances" as established <br />by state law. <br />6.5 Arbitrator's Authority <br />A. The arbitrator slhave no ri> to amen.l odify, nullify, ignore, add to or <br />subtract from the terms and con. Lions of this Agreement. The arbitrator shall <br />confider and decide only the s. i issue(s) submitted in writing by the <br />Employer and LELS, and shall h. - no authority to make a decision on any <br />issue not so submitted. <br />The ate. trator 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 LELS and shall be based solely on the arbitrator's interpretation <br />or application of the express terms of this Agreement and to the facts of the <br />grievance presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall be <br />borne equally by the Employer and LELS 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 />to be made providing it pays for the record. If both parties desire a verbatim <br />record of the proceedings, the cost shall be shared equally. <br />6 <br />