4.5. SR 03-05-2018 - Laserfiche WebLink

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7.5 Waiver If a grievance does not comply with any of the procedural requirements set forth above, it shall be considered "waived." If a grievance is not appealed in conformance with any of the procedural requirements set forth above, it will be considered settled on the basis of the employer’s last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, the union may elect to treat the grievances as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the employer and the union in each step. In addition, the employer and union may mutually agree to extend the timelines and mediate the grievance following the Step 3 final answer from the employer prior to appealing the matter to Step 4. 7.6 Choice of Remedy. It is specifically understood that any matters governed by statutory or regulatory provisions, except as expressly provided for in the agreement, shall not be considered grievances under this agreement. In the event that more than one procedure is available for resolution of a dispute arising from any provisions covered by the agreement, the aggrieved employee shall be limited to one procedure through which remedy may be sought. If the aggrieved employee utilizes a procedure other than the grievance procedure herein, then the employee is precluded from appealing under this procedure. If the employee utilizes this procedure, then the employee is precluded from appealing under another procedure. Employees may use both this grievance procedure and a statutory procedure to the extent that it is required by state or federal law. ARTICLE 8 – SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the City of Elk River. In the event any provision of the agreement shall be held to be contrary to law by a court of competent jurisdiction or a state or federal administrative agency ruling from whose final judgment or decree no appeal has been taken within the time provided, or is in violations of legislative or administrative regulations, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. ARTICLE 9 – SENIORITY Seniority shall be determined by the regular, full-time employee’s length of continuous employment with the employer. 9.1 Seniority will be the determining criterion for transfers, promotions, and lay-offs when all other qualification factors are equal as determined by the employer. 9.2 The employer shall maintain a seniority list that shall be updated annually and posted in the employee’s work area by February 1, with a copy furnished to the business representative. The names of all regular full-time members of the 6