4.3 SR 02-06-2023 - Laserfiche WebLink

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the paYties aYe unable to agYee on the selection of an aYbitratoY, the Union shall Yequest a list of arbitrators to be submitted to the parties byT the Bureau of Mediation Services. 6.5 Arbitrator's Authority: a. The arbitrator shall have no right to amend, modif�T, nullif�T, ignore, add to, or subtract from the teYms and conditions of this AgYeement The aYbitrator shall consideY and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authorityT to make a decision on anyT other issue not so submitted. b. The arbitrator shall be without po`ver to make decisions contraryT to, or inconsistent `vith, or modifying or varying in anyT `vayT the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) dayTs following the close of the hearing or the submission of briefs byT the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's inteYpYetation or application of the expYess teYms of this AgYeement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employrer and the Union, provided that each partyr shall be Yesponsible for compensating its own representatives and wimesses. If either partyT desires a verbatim record of the proceedings, it mayT cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equallyT. 6.6 Waiver: If a grievance is not presented �vithin the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall 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 mayr be extended byr mutual written agYeement of the Employer and the Union in each step. ARTICLE 7. SAVINGS CLAUSE This AgYeement is subject to the la�us of the United States, the State of Minnesota and the Cityr of Elk River. In the event an�T provisions of this Agreement shall be held to be contrar�T to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the rime limits provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect The voided provision mayT be renegotiated at the written request of either part�T. ARTICLE 8. SENIORITY 8.1 Seniorit�r shall be deteYmined byr the YegulaY full time Employee's length of conrinuous employment with the Police Department and posted in an appropriate location. Seniorit�T rosters ma�T be maintained byT the Chief on the basis of time in grade and time �vithin specific classifications. 8.2 During the ProbationaryT Period, a newly hired or rehired Employee mayT be discharged at the sole discretion of the EmployTer. During the ProbationaryT Period, a promoted or reassigned regular full time Employree may be Yeplaced in the Employee's previous position at the sole discrerion of the Employer. �