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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 a000rdance with the "Rules Governing <br />the Arbitration. of Grievances" as established by the Minnesota Bureau of Mediation <br />Services. <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 provisions of this Agreement. The arbitrator shall consider <br />and decide only the specific issue(s) submitted in writing by the EMPLOYER <br />and LELS, and shall have no authority to make a decision on any other issue not <br />so submitted. <br />B. The arbitrator 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 <br />interpretation or application of the express -terms of this A.greer'nent and to the <br />facts of the 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 p arty shall be <br />responsible for compensating its own representatives, attorneys,, and. witnesses. <br />If either party desires a verbatim record of the proceedings, it may causesuch a <br />record to be made providing it pays for the record. If both pities 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 />