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on the arbitrator's interpretation or application of the express terms of this agreement <br /> and to the facts of the grievance presented. <br /> c. The fees and expenses for the arbitrator's services and proceedings shall be borne <br /> equally by the employer and the union, provided each party shall be responsible for <br /> compensating its own representatives and witnesses. If either party desires a verbatim <br /> record of the proceedings, it may cause such a record to be made, providing it pays for <br /> the record. If both parties desire a verbatim record of the proceedings, the cost shall be <br /> shared equally. <br /> 7.5 Waiver <br /> If a grievance does not comply with any of the procedural requirements set forth above, it <br /> shall be considered "waived." If a grievance is not appealed in conformance with any of the <br /> procedural requirements set forth above, it will be considered settled on the basis of the <br /> employer's last answer. If the employer does not answer a grievance or an appeal thereof <br /> within the specified time limits, the union may elect to treat the grievances as denied at that <br /> step and immediately appeal the grievance to the next step. The time limit in each step may <br /> be extended by mutual agreement of the employer and the union in each step. In addition, <br /> the employer and union may mutually agree to extend the timelines and mediate the <br /> grievance following the Step 3 final answer from the employer prior to appealing the matter <br /> to Step 4. <br /> 7.6 Choice of Remedy. It is specifically understood that any matters governed by statutory or <br /> regulatory provisions, except as expressly provided for in the agreement, shall not be <br /> considered grievances under this agreement. In the event that more than one procedure is <br /> available for resolution of a dispute arising from any provisions covered by the agreement, <br /> the aggrieved employee shall be limited to one procedure through which remedy may be <br /> sought. If the aggrieved employee utilizes a procedure other than the grievance procedure <br /> herein, then the employee is precluded from appealing under this procedure. If the employee <br /> utilizes this procedure, then the employee is precluded from appealing under another <br /> procedure. Employees may use both this grievance procedure and a statutory procedure to <br /> the extent that it is required by state or federal law. <br /> ARTICLE 8 — SAVINGS CLAUSE <br /> This agreement is subject to the laws of the United States, the State of Minnesota, and the City of <br /> Elk River. In the event any provision of the agreement shall be held to be contrary to law by a court <br /> of competent jurisdiction or a state or federal administrative agency ruling from whose final <br /> judgment or decree no appeal has been taken within the time provided, or is in violations of <br /> legislative or administrative regulations, such provision shall be voided. All other provisions of this <br /> agreement shall continue in full force and effect. <br /> ARTICLE 9 — SENIORITY <br /> Seniority shall be determined by the regular, full-time employee's length of continuous employment <br /> with the employer. <br /> 9.1 Seniority will be the determining criterion for transfers, promotions, and lay-offs when all <br /> other qualification factors are equal as determined by the employer. <br /> 9.2 The employer shall maintain a seniority list that shall be updated annually and posted in the <br /> employee's work area by February 1, with a copy furnished to the business representative. <br /> 5 <br />