HARRY HUGHES, Governor                                    1467

appeal and render a written decision within 15 days after the
conclusion of the conference.

[(f)] (D) Step [Five] THREE. In the case of any still
unresolved grievance between an employee and the university, the
aggrieved employee, after [he has exhausted] EXHAUSTING all
available procedures provided by the University, may submit the
grievance to either arbitration or to the Secretary of Personnel.
In either case, the appeal shall be submitted within [15] 10 days
after the receipt of any written decision pertaining to that
grievance and issued by the University. If the grievance is
arbitrated, the parties shall select an arbitrator by mutual
agreement. If they are unable to reach a mutual agreement, an
arbitrator shall be supplied by the American Arbitration
Association by their procedures. Any fees resulting from
arbitration are assessed by the arbitrator equally between the
two parties. The arbitration award is advisory to the Secretary
of Personnel and an additional appeal or hearing may not be
considered. The Secretary of Personnel shall make the final
decision [which] THAT is binding on all parties.

[(g)] (E) The Secretary of Personnel shall have the power
to award back pay in any grievance and the President of the
University shall enforce such order. In any reclassification
case in which the Secretary, or his designated representative,
determines that an employee has been misclassified, the Secretary
may, in his discretion, award back pay to the employee for a
period not to exceed one year prior to the initial filing of the
grievance.

13-1A-04.

A decision may not be made at any step of the grievance
procedure [which] THAT conflicts with or modifies a policy
approved by the board of regents of the University or with any
applicable statute or with any administrative regulation issued
under appropriate statutory authority or [which] THAT otherwise
delimits the lawfully delegated authority of University officials
unless prior approval has been obtained from the responsible
official.

13-1A-05.

(a) Within 5 days from the date on which the [Chancellor or
his designated representative] EMPLOYEE receives THE CHARGES FOR
REMOVAL AS EVIDENCED BY the return receipt or other evidence of
delivery of the charges to the employee an employee who is
suspended under charges for removal may request an opportunity to
be heard in his own defense. Within [10] 30 days if possible
[and no later than 90 days] after receipt, the [Chancellor]
PRESIDENT or [his] THE PRESIDENT'S designated representative
shall investigate the charges and give the employee an
opportunity to be heard. Testimony shall be taken under oath and
both the department head or chairman OR DESIGNEE and the employee
has the right of representation by counsel and the right to