Agenda - Council Work Session - 06/08/2021

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4 within ten (10) calendar days following the City Administrator's fatal answer in Step 3, Any grievance not appealed in writing to Step 4 by LELS within ten (10) oalendar days shall be considered waived Step 3A, A grievance Unresolved in Step 2 and appealed to Step 3 by LELS may be sbmittedto mediation with the Minnesota Bureau of Mediation Servieessubjeot to Public Employment Labor Relations Act PELRA. Step 4. A grievance unresolved in Step 3 or 3A and appealed to Step 4 by LELS shall be submitted to arbitration subject to the provisions of the PELRA as amended. The selection of an arbitrator shall be made in a000rdance with the "Rules Governing the Arbitration of Grievances" as established by the Minnesota Bureau of Mediation Services. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and LELS, and shall have no authority to make a decision on any other issue not so submitted, B. The. arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect oflaw The arbitrator's decision shall be submitted in writing within shirty (30) days following the close of the hearing or the submission ofbriefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and LELS and shall be based solely om the arbitrator's interpretation or application of the express terms of this Agreement. and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and LELS provided that each party shall be responsible for compensating its own representatives, attorneys, and witnesses. If either party desires a verbatim record of the proceedings, it may causesuch a record to be made providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specffled time limit or any agree extension thereof, it shall be considered settled on the basis of the EMPLOYBR'S last answer If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, LELS may elcctio treat the grievance as denied at that step and irnmediately appeal the gtievance to the next step. The time limit 6