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7.3 Procedure <br /> Grievances, as defined by Section 3.12, shall be resolved in conformance with the <br /> following procedure: <br /> Step 1. An employee claiming a violation concerning the interpretation or application of <br /> this AGREEMENT shall, within twenty-one (21) calendar days after such alleged <br /> violation has occurred,present such grievance in writing to the employee's <br /> immediate supervisor as designated by the EMPLOYER. The Supervisor will <br /> discuss and give an answer to such Step 1 grievance within ten (1) calendar days <br /> after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be <br /> placed in writing setting forth the nature of the grievance, the facts on which it is <br /> based, the provision or provisions of the AGREEMENT allegedly violated, the <br /> remedy requested and shall be appealed to Step 2 within ten(10) calendar days <br /> after the Supervisor's final answer in Step 1. Any grievance not appealed in <br /> writing to Step 2 by the UNION within ten(10) calendar days shall be considered <br /> waived. <br /> Step 2. If appealed, the written grievance shall be presented by the UNION and discussed <br /> with the Department Head. The Department Head shall give the UNION the <br /> EMPLOYER'S Step 2 answer in writing within ten(10) calendar days after <br /> receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be <br /> appealed to Step 3 within ten (10) calendar days following the Department Head's <br /> final Step 2 answer. Any grievance not appealed in writing to Step 3 by the <br /> UNION within ten (10) calendar days shall be considered waived. <br /> Step 3. If appealed, the written grievance shall be presented by the UNION and discussed <br /> with the City Manager. The City Manager shall give the UNION the <br /> EMPLOYER'S answer in writing with ten(10) calendar days after receipt of such <br /> Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 <br /> within ten(10) calendar days following the City Manager's final answer in Step 3. <br /> Any grievance not appealed in writing to Step 4 by the UNION within ten(10) <br /> calendar days shall be considered waived. <br /> Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be <br /> submitted to arbitration subject to the provisions of the Public Employment Labor <br /> Relations Act of 1971, as amended. The selection of an arbitrator shall be made in <br /> accordance with the"Rules Governing the Arbitration of Grievances" as <br /> established by the Bureau of Mediation Services. <br /> 7.4 Waiver <br /> If either party fails to respond to a grievance or its response within the specified time <br /> limits, the grievance shall be considered automatically appealed to the next step of the <br /> 4 <br />