Common use of GRIEVANCE PROCEDURE (Continued Clause in Contracts

GRIEVANCE PROCEDURE (Continued. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 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 submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 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 close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer’s written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer’s answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 20.5 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 submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 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 close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 20.6 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement Agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1stlst) name; the Employer shall then strike one (1l) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 23.5 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 submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 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 's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s 's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 23.6 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 23.7 The time limits in each step of this procedure may be extended by mutual agreement Agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 4: If no mutually satisfactory conclusion is reached at the grievance remains unresolvedend of Step 3, the Union may give notice of its desire to arbitrate the grievance by sending a letter to the American Arbitration Association within seven forty-five (745) calendar days after the response receipt of the Employer in Step 33 answer, which a.) Requests arbitration identifying the grievance and including whatever forms are required by written notice the American Arbitration Association; and b.) Requests the American Arbitration Association to send to each party a list of nine (9) names of arbitrators. Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel. Section 8. Any grievance not answered within the specified time periods may be appealed to the Employer, request arbitration next Step of the grievancegrievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by the mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance in that instant case. Section 9. The arbitration proceedings cost and the expense of the arbitrator and the hearing room shall be conducted shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other. Section 10. Multiple grievances by a single employee arising under this Agreement may not be arbitrated in a single proceeding before an arbitrator to be selected unless by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 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 submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 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 close of the hearing or the submission of briefs signed by the parties, whichever be later, unless the parties agree to an extension. Section 11. The decision shall be based solely on the arbitrator’s interpretation or application award of the express terms of this Agreement and to the facts of the grievance presented. The decision of the an arbitrator shall be final and binding on the EmployerUnion, its members, the Union employee or employees involved and the employeesEmployer. 21.6 Section 12. The fees and expenses for decision of the arbitratorarbitrator may or may not include "make whole" decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s services and proceedings separation from the Employer’s payroll, the amount as awarded shall be borne equally by less any unemployment compensation received or other compensation from any source, which the Employer employee would not have received or earned had they not been suspended or discharged. Section 13. The arbitrator shall have no authority to alter, amend or change in any way the terms and the Union, provided that each party conditions of this Agreement and shall be responsible for compensating its own representative and witnesses. If either party desires confine their decision to a verbatim record determination of the proceedingsfacts and interpretation, it may cause such a record to be made providing it pays for administration of, and compliance with the record. 21.7 The time limits in each step terms of this procedure may be extended by mutual agreement of the Employer and the UnionAgreement.

GRIEVANCE PROCEDURE (Continued. following the Union request for a Step 4 3 meeting at a time mutually agreeable to the parties. At this meeting all pertinent facts shall be presented by the Union and the Employer. If the grievance remains unresolvedis settled as a result of such a meeting, the settlement shall be reduced to writing and signed by the Director of Human Resources or designee and the Union. If no settlement is reached the Director of Human Resources or designee shall give the Employer's written answer to the Union may within seven ten (710) calendar work days after following the response of meeting. Step 4. Arbitration - If the Employer grievance is not settled in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If wishes to refer the parties fail grievance to mutually agree upon an arbitrator within the said seven (7) day periodarbitration, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have inform the right Employer of its intent to strike two arbitrate within ten (210) names from working days after the panelUnion's receipt of the Employer's written answer in Step 3. The Union shall strike the first (1st) name; and the Employer shall will then strike one (1) name. The process will be repeated select an arbitrator either under the alternate striking provisions of Minnesota Statutes 179A.21, Subdivision 2, or by another method mutually agreeable to the Union and the remaining person shall be the arbitratorEmployer. 21.5 a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions terms and conditions of this Agreementthe contract. The arbitrator shall consider and decide only the specific issue issue(s) submitted in writing by the Employer County and the Union employee and the Union, and shall have no authority to make a decision on any other issue not so submitted. 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. . b) The arbitrator’s 's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s 's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 c) The fees and expenses for the arbitrator’s 's services and proceedings shall be borne equally by the Employer County and the Union, provided that each party shall be responsible for compensating its own representative representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made made, providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement . If both parties desire a verbatim record of the Employer and proceedings the Unioncost shall be shared equally.

GRIEVANCE PROCEDURE (Continued. Step 4 H. Arbitration:‌ If there is no resolution of the grievance remains unresolvedat Step 4, the Union may within seven shall have twenty (720) calendar days after (from the response receipt of the Employer Employer's written disposition) to notify the University, in Step 3writing, by written notice of its intent to the Employer, request arbitration of arbitrate the grievance. Any unresolved grievance which relates to the interpretation, application, or enforcement of a provision of this Agreement or any written supplementary Agreement, and which has been fully processed through the last step of the grievance procedure may be submitted to arbitration by either party in strict accordance with the following: 1. The arbitration proceedings proceeding shall be conducted by an arbitrator Arbitrator to be selected by mutual agreement of the Employer and the Union within seven ten (710) calendar working days after notice has been given. If the parties fail to mutually agree upon select an arbitrator within Arbitrator, the said seven Michigan Employment Relations Commission (7MERC) day period, or the American Arbitration Association (AAA) shall be requested by either party may request the Bureau of Mediation Services or both parties to submit provide a panel of five (5) arbitratorsArbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union party requesting arbitration shall strike the first (1st) name; the Employer shall other party will then strike one (1) name. The process will be repeated repeated, and the remaining person shall be the arbitratorArbitrator. 21.5 2. The arbitrator Arbitrator shall be empowered to rule on all disputes pertaining to the interpretation or application of this Agreement, provided however, that he/she shall have no right power to amend, modify, nullify, ignore, add to, or subtract from the provisions from, nor modify any terms of this AgreementAgreement nor any other Agreement made supplementary hereto. 3. Any case appealed to the impartial Arbitrator on which he has no power to rule shall be turned back to the parties without decision. 4. The arbitrator shall consider decision and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall findings which must 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 reached within thirty (30) calendar days following close of after the arbitration hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator has convened shall be final and binding on upon the Employerparties hereto, the Union and the employeesthere shall be no strike, slowdown, curtailment or interruption of operation, or lockout as a result of such decision. 21.6 5. The fees and expenses for cost of the arbitrator’s services and proceedings shall impartial Arbitrator will be borne equally by the Employer University and the Union. However, provided should either party unilaterally cancel or postpone a scheduled/confirmed arbitration hearing date within the Arbitrator's penalty period, that each party shall be solely responsible for any associated cancellation costs or penalties. 6. Each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 b) The Board's representative must provide the grievant with a written answer on the grievance within five (5)following the above meeting. a) If the grievance remains unresolvedis not satisfactorily resolved in Step 2, the Union may within seven (7) calendar days after Association shall refer the response of the Employer in Step 3, by written notice grievance to the EmployerBoard's representative who will arrange within five(5)days, request arbitration of a meeting with the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer Association's Grievance Committee and the Union within seven (7) calendar days after notice has been givenBoard's representatives. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either Each party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two include in its representation appropriate witnesses and needed counselors to develop facts pertinent to the grievance. b) Upon conclusion of the hearing, the Board will have five (25) names from days in which to provide their decision in writing to the panelAssociation. The Union Arbitration If either party is not satisfied with the disposition of the grievance at Step 3, or the Step 3 time limits expire without action, then the grievance may be submitted to final and binding arbitration under the rules of the American Arbitration Association which shall strike act as administrator of the first proceedings. If neither party files a demand for arbitration within thirty (1st30) name; days of the Employer date of the Board's Step 3 reply then the grievance shall then strike one (1) namebe deemed withdrawn. The process Neither the Board nor the Association will be repeated and permitted to assert any grounds or evidence not previously disclosed to the remaining person shall be the arbitrator. 21.5 other party. The arbitrator shall have no right power to amend, modify, nullify, ignorealter, add to, or subtract from the provisions terms of this Agreement. The However, it is mutually agreed that the arbitrator is empowered to include in the award such financial reimbursements as s/he judges to be proper. Each party shall consider and decide only bear the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 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 close full costs for its side of the hearing or the submission of briefs by the partiesarbitration, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application and will pay one-half (½) of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses costs for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within ten (10) working days he shall be selected according to the said seven (7) day periodrules of the American Arbitration Association, either which shall also govern the arbitration proceedings. Neither party may request the Bureau of Mediation Services to submit raise a panel of five (5) arbitratorsnew defense or ground in such arbitration proceeding not previously raised or disclosed at other written levels. Both the The Employer and the Union Association shall have not be permitted to insert in such arbitration proceeding any evidence not previously disclosed to the right to strike two (2) names from the panelother party. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person Expedited arbitration shall be the arbitrator. 21.5 employed upon mutual agreement by both parties. The arbitrator shall have no right power to amendalter, modify, nullify, ignore, add to, or subtract from the provisions of this Agreementagreement. His authority shall be limited to deciding whether a specific article and section of this agreement has been violated and shall be subject to, in all cases, the rights, responsibilities and authority of the parties under the Michigan School Code or any other laws. The arbitrator shall consider and decide only not usurp the specific issue submitted in writing by functions of the Employer or the proper exercise of its judgment and discretion under law and this agreement. Nor shall the Union and shall arbitrator have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary interpret state or federal law, or to or inconsistent with or modifying or varying in hear any way grievance previously barred from 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 close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts scope of the grievance presentedprocedure. The decision of the arbitrator arbitrator, if within the scope of his authority as above set forth, shall be final and binding on binding. Both parties agree to be bound by the award of the arbitrator. The arbitrator's fee and other expenses of arbitration shall be shared equally by the parties. Each party shall bear their own expense in connection with arbitration proceedings, including but not limited to: the fees, expenses and wages of witnesses and participants whose presence they request; preparation of testimony and exhibits; representation. E. Should an employee fail to institute or appeal a decision within the time limit specified, or leave the employ of the Employer, all further proceedings on a previously instituted grievance (except a claim involving a remedy directly benefiting the Union and the employeesgrievant regardless of his employment) shall be barred, by that employee. 21.6 The fees and expenses for F. Any employee, group of employees, or the arbitrator’s services and proceedings Association may initiate a grievance. An Association grievance shall be borne equally by the Employer and the Unionfiled within ten (10) days of its alleged occurrence or knowledge of its alleged occurrence, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the recordat Level Three. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 22.5 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 submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 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 rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s 's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union Union, and the employees. 21.6 22.6 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 If the grievance remains unresolved, the Union may 4: (continued) B. The City Manager shall respond in writing within seven (7) calendar working days after to the response grievant. If the City Manager determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter. Step 5: If the grievance is not resolved satisfactorily at the above Step(s), the grievant, with the written concurrence of the Employer in Step 3Union, by written notice within ten (10) days, excluding holidays, may submit the grievance to binding arbitration. Upon mutual agreement of both parties, the time deadline may be extended for a specified number of days. If any question arises as to the Employer, request arbitration arbitrability of the grievance. , such question shall be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. A. The arbitration proceedings proceeding shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union two parties within seven ten (710) calendar working days after said notice has been is given. If the two parties fail to mutually agree upon reach agreement on an arbitrator within five (5) days, the said seven (7) day period, either party may request the Bureau of Mediation Services State Conciliation Service will be requested to submit supply a panel list of five (5) arbitratorsnames. Both the Employer and the Union shall have the right to Each party will alternately strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike list until only one (1) namename remains. The process order of striking will be repeated and the remaining person shall be the arbitratordetermined by lot. 21.5 B. The arbitrator shall have no right hold a hearing within ten (10) working days of his/her appointment. Five (5) working days’ notice will be given to amendall parties of the time and place of the hearing. Within ten (10) working days after completion of the hearing, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only render the specific issue submitted decision in writing by the Employer and the Union and shall have no authority to make a decision set forth his/her findings of fact, reasoning, and conclusions on any other issue not so the issues submitted. The arbitrator shall be without power or authority to make decisions contrary to any decision that requires the commission of an act prohibited by law or inconsistent with or modifying or varying in any way violates 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 close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and Agreement. However, it is agreed that the arbitrator is empowered to the facts include a decision for reimbursement for financial loss of the grievance presentedwages or fringe benefits or other non-financial remedies as judged to be proper. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the arbitrator’s services and proceedings submit to all parties his/her findings that shall be borne equally by the Employer binding and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the recordfinal on both parties. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, the Union may, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 19.5 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 submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. 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 rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union Union, and the employees. 21.6 19.6 The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 19.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union.

GRIEVANCE PROCEDURE (Continued. Step 4 the Director of Human Resources or designee, the Chief Public Defender or designee, the Employee, and the Union shall be held at a time mutually agreeable to the parties. If the grievance remains unresolvedis settled as a result of such a meeting, the settlement shall be reduced to writing and signed by the Director of Human Resources or designee and the Union. If no settlement is reached, the Director of Human Resources or designee shall give the Employer's written answer to the Union within ten (10) days following the meeting. Step 4. Arbitration - If the grievance is not settled in accordance with the foregoing procedure, either party may refer the grievance to arbitration within seven ten (710) calendar days after the response Union's receipt of the Employer Employer's written answer in Step 3, by written notice to the Employeras provided in Minnesota Statutes, request arbitration of the grievanceSection 179.70. The arbitration proceedings selection of an arbitrator shall be conducted made in accordance with the "Rules Governing the Arbitration of Grievances" as established by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitratorPublic Employment Relations Board. 21.5 (a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions terms and conditions of this Agreementthe contract. The arbitrator shall consider and decide only the specific issue issue(s) submitted in writing by the Employer County and the Union employee and the Union, and shall have no authority to make a decision on any other issue not so submitted. 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. . (b) The arbitrator’s 's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s 's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 (c) The fees and expenses for the arbitrator’s 's services and proceedings shall be borne equally by the Employer County and the Union, provided that each party shall be responsible for compensating its own representative representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made made, providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement . If both parties desire a verbatim record of the Employer and proceedings the Unioncost shall be shared equally.