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(a) After every attempt is made by the Union Steward and a Supervisor, representing management, to adjust a dispute that may arise, the Union and the Employer do hereby agree to the following grievance procedure:
3.1 Step 1. When a dispute or controversy arises over the interpretation of, or adherence to, the terms and provisions of this Agreement, the Union must within fifteen (15) working days, officially notify in writing the Employer that a dispute exists. A meeting shall then be held within five (5) working days between the Business Agent of the Union and the Employer, in an attempt to resolve the dispute. If a resolve cannot be reached, the grievance will proceed to Step 2.
3.1 Step 2. If no resolve can be reached in Step 1, a meeting shall be held within ten (10) working days, between the Next level of Management and the Business Manager of the Union, in an attempt to resolve the dispute. If no agreement can be reached, the Union and the Employer shall proceed to step 3.
3.1 Step 3. If the Union and the Employer cannot reach a resolve in Step 2, either party shall, within ten (10) working days, make a written request, with a copy of such request concurrently sent to the other party to this Agreement, to the Minnesota State Bureau of Mediation Services, for a list of a minimum of five (5) arbitrators. The aggrieved party shall first strike one name, with the other party striking the second name, the aggrieved party striking a third name and the other party striking a fourth name and the last remaining name shall be the arbitrator. The grievance shall be presented to the arbitrator and the decision of the arbitrator shall be in writing and shall be final and binding upon all parties concerned. The list submitted by the Bureau of Mediation Services shall be confined to arbitrators who are residents of the Twin City Metropolitan area.
(b) The fees and expenses of the arbitrator shall be paid one-half (1/2) by the Employer and one-half (1/2) by the Union.
(c) The time frames spelled out in Steps 1, 2 and 3 may be adjusted, as mutually agreed upon, by the Employer and the Union. No grievance is valid unless submitted to the other party in writing within thirty (30) calendar days after its occurrence except in the case of discharge in which case the grievance must be filed within seven (7) days after the Union’s receipt of written notice of the discharge, as set forth in Section 27 of this Agreement. In addition, no grievance shall be entitled to consideration unless or until it is submitted in writing to the Employer with a copy to the Union, signed by the employee aggrieved and/or a Union Representative.
(d) Either the Shop Steward or the Union Business Representative or both shall be given the opportunity to be present when any grievance is presented and/or settled.
(e) It is understood and agreed that the party losing the arbitration shall immediately become and remain in compliance with said award until such time as said award shall have been reversed by a court of competent jurisdiction. In the event said award calls for the payment of money, such sum shall be deposited in a local bank in escrow within ten (10) days of the date of the award and shall remain there until determination on appeal, if any, by a court of competent jurisdiction. In the event such appeal is successful, said sum of money shall immediately be refunded to the prevailing party; nevertheless, that if no appeal is commenced within thirty (30) days after receipt of the arbitration award, said sum of money shall then be paid immediately to the prevailing party.