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choose. ARTICLE XI: DISCIPLINE AND DISCHARGE Any issues amongst employees should be handled internally. This includes employee to employee, employee to management. Any issues unable to be resolved internally shall follow the process below. Each of the following constitutes just cause for disciplinary action: Fraud in obtaining employment, incompetence, neglect of duty, insubordination to a superintendent or foreman, theft, drunkenness while on duty, the use of drugs or narcotics while on the job or being under the influence thereof while on the job, loss of driver’s license, absence without permission for more than two (2) days, discourteous treatment of the public or other employees, fighting while on the job, and willful disobedience. Said list of reasons of just cause for discipline and discharge is meant to be representative and is not all inclusive. The same or similar behavior shall constitute just cause. ARTICLE XII: GREIVANCE PROCEDURES Section I. Definitions 1. A grievance shall mean any claim concerning a violation, problem with interpretation, or inequitable application of any provision or clause of this Agreement. This term does not include exercise of any management prerogative consistent with the terms of this Agreement, any work rule, or any matter which is otherwise, reviewable pursuant to law and any statute, ordinance, or other rule or regulation having the force and effect of law. 2. Upon written demand, each party shall have access to written statements or records prepared by the other party which are presented, or will be presented, as evidence by the other party in any arbitration hearing at least five (5) working days in advance of said arbitration hearing. 3. The time limits as set forth in this Article are of the essence. They may only be extended by a mutual agreement of the parties, and must be in writing, signed and sworn to by representatives of both parties. The failure of the grieving party to proceed within the time limits set forth shall terminate the grievance with prejudice at that step. The failure of the Employer to answer within the time limits set forth requires the grievant to proceed to the next step of grievance procedure within a timely manner, as though the grievant had received a timely answer from the Employer. The Employees, as defined in this contract, may utilize the agreements and arbitration procedure contained herein. 4. Before an Employee herein submits a grievance under this Article, the matter must be discussed with the Employee's immediate supervisor. Section II. Procedure A) The procedure to be followed shall be a three (3) step procedure as follows: Step 1 1. An aggrieved Employee shall present the grievance in writing on a form to be provided by Employer, signed by the aggrieved Employee, setting forth the date, time and place of the alleged grievance, facts of the grievance, particular section of this Agreement alleged to have been violated, and relief sought. 2. Said grievance must be given to the Highway Superintendent or his designee within ten (10) working days from the occurrence of the grievance, or within ten (10) working days from the date the grievant knows or has knowledge of the grievance. (Failure to submit a grievance containing all these elements shall terminate the grievance with prejudice at