Agenda - Council Work Session - 06/08/2021

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give LELS the Employer's Step 2 answer in writing within ten (10) 'calendar days after receipt of such Step 2 grievanee A grievance not resolved in Step 2 may be appealed to Step 3 within. ten (10) calendar days following the Employee designated representative's final Step 2 answer, Any grievance not appealed in writing to Step 3 by LELS within ten (10) calendar days shall be considered waived. Step 3, If appealed, the written grievance shall be presented by LELS and diseussed with the Employer designated Step 3 representative, The Employer designated representative shall give LELS the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer designated representative's final answer in Step 3. Any giievance not appealed in writing to Step 4 by LELS within ten (10) calendar days shall be considered waived. Step 3A, A grievance unresolved in Step 2 and appealed to .Step 3 by LELS maybe submitted to niediationsubjeet to Public Employees 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 provisions of the Public Employnient Labor Relations Act of 1971, as amended. The'selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by state law. 6.5 Arbitrator's Authority, A. • The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract fr6m the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issues) submitted in writing by the Employer and LELS, and shall have no authority to make t 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 of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the panties, whiohever be later, unless the panties agree to an extension, The decision shall be binding on both the Employer and LELS and shall bo based solely on the arbitiators inteipretation 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 boi'ne equally by the Employer and LELS provided that each party shall be responsible for compensating its own representatives and witnesses. Ifeither party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record, If both panties 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 specified time limit or any, agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal theieofwitlthrthe specified time 6