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Step 2: If the grievance is not settled in the first step, the aggrieved employee, within <br />five business days of the time that the Step 1 decision was rendered, shall forward the <br />written grievance to the department head. The department head shall meet within five <br />working days, unless mutually agreed otherwise with the aggrieved employee who may <br />be accompanied by a union steward and the union chief steward. The County will <br />attempt to coordinate the meeting with both the grievant and the Union. The department <br />head shall reach a decision and communicate it in writing to the aggrieved employee <br />with a copy to the Union within five business days of the Step 2 meeting, unless such <br />time is mutually extended in writing. If the department head fails to issue a timely <br />response, then the grievance may be filed to Step 3. <br />Step 3: If the grievance is not settled in the second step, the aggrieved employee, <br />within five business days of the time that the Step 2 decision was rendered, shall <br />forward the written grievance to the County Administrator or his designee. The County <br />Administrator or his designee shall meet with the aggrieved employee, within five <br />working days, unless mutually agreed otherwise, who may be accompanied by the <br />union steward, the chief steward, and business representative to obtain the facts in the <br />case. The County will attempt to coordinate the meeting with both the grievant and the <br />Union. The County Administrator or his designee shall forward his decision to grievant <br />with a copy to the union within ten (10) business days of the Step 3 meeting, unless this <br />period of time is extended by mutual agreement of both parties. <br />Step 4: In the event that the grievance is not settled at Step 3 within the time allowed, it <br />may then be submitted to arbitration. Nothing herein will prevent the parties from <br />mutually agreeing to seek resolution through mediation. The Union and only the Union <br />shall have the exclusive right to proceed to arbitration on behalf of all the bargaining <br />unit members. Submission to arbitration must be made within ten (10) days of the time <br />that the Step 3 hearing decision was rendered; provided, however, this period may be <br />extended upon the mutual agreement of both parties. In addition, a request for <br />arbitration must be sent to the Federal Mediation and Conciliation Service (FMCS) no <br />later than fifteen (15) days following the request to arbitrate. Upon the County's request <br />to strike the panel to select an arbitrator, the Union shall have thirty (30) days to do so <br />or such grievance shall not be subject to arbitration. If the parties fail to agree in the <br />first instance of an appointment, the Federal Mediation and Conciliation Service shall <br />be requested to provide a panel of arbitrators from which a selection shall be made. <br />Hearings before the arbitrator shall be conducted in accordance with the rules of the <br />Federal Mediation and Conciliation Service. The arbitrator's decision shall be final and <br />binding on the parties, but no arbitrator shall have the power to alter, modify, amend, <br />add to, or detract from the terms and conditions of the agreement. <br />24.5 As promptly as possible after the arbitrator has been selected, the arbitrator shall <br />conduct a hearing between the parties and consider the grievance. The decision <br />of the arbitrator will be served upon the union and the County in writing. It shall <br />be the obligation of the arbitrator to make a best effort to rule within 30 calendar <br />days after the hearing and receipt of post -hearing briefs. The expenses of the <br />34 <br />