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7.6 <br />proceedings, it may cause such a rccord to be made, providing it pays for the rccord. Ifboth <br />pa(ies desire a verbatim record ofthe procecdings, the cost shall be sharcd equally. Ifa <br />record is requested, the arbitrator shall receive a copy at no cost. <br />Waiver: lfa grievance is not prescnted within the time limits set forth above, it shall be consider€d <br />'waived.' If a grievance is not appesled to the next step within lhe specilied time limit or any agreed <br />extension thereof, it shall be considerrd settlcd bosed on the Employer's last answer. Ifthc Brployer <br />does not arswer a grievance or an appeal thereofwithin the specified time limits, the Union may elect <br />to treat lhe grievances 8s denied at that step and immedialsly appeal the griovance to the next stop, <br />The time limit in each step may be exterded by mutual written agreement of the Employer and the <br />Union in each step. <br />Choice ofRemedy: It because ofthe Employeds response in Step 2, the grievance rcmains <br />unrcsolved and if the grievance involves the suspension, demotion, or dischargg ofan employee who <br />h&s completed the required probalionary period the grievance rnay be appealed either to Step 3 of <br />this Article or to another procedure such as Velerars Prcference. lfappcaled to any procedure other <br />than Step 3 of this Articlg the grievance shall not be subject to the arbitralion procedure provided in <br />Step 3 of lhis futicle. The aggrieved employeo shall indicate in witing which procedurc is to be uscd <br />- Step 3 ofthis Article or an altematiyo proccdure - and shaU sigrl ! statqrent to the effcct that the <br />choice ofan alternate pocedure precludes the employee from making an appeal through Step 3 of <br />this Article. <br />ARTICLE 8. SAVINGS CLAUSE <br />This Agrcement is subject to the laws ofthe United States, the State of Minnesota, and lhe City ofElk River, <br />Minnesota. In the event any provisions ofthis Agrcement shall be held to be contrary to law by a court of <br />competent jurisdiction from whose final judgnent or decrce no appeal has been taken within the time limits <br />provided, such provision shall be voided. All other provisions ofthis Agreernent shgll continue in full forpc <br />and effecL The voided provision may be r€negotiated at the written requcst ofeither party. <br />ARTICLEg. SENIORITY <br />Seniority shall be determined by the regular full time Employee's length of continuous employment wilh thc <br />Police Department and posted in an appropriate location, Seniority rosters may bo maintained by the <br />Employer or designeo based on time in grade and time within specific classifications. <br />9.1 During lhe Probationaqr Period, a newly hircd or rehired Employee may be disoharged at the solc <br />discretion ofthe Employer. During tho Probationary Pcriod, a promoted or reassigned regular ftll <br />time Employee may be replaced in the Employee's previous position at the sole discrEtion ofthe <br />Employer. <br />9.2 A reduction of the worldorce will be accomplished based on seniority. Regular full time Employees <br />shall be recalled fmm layoffbased on seniority. A qualified, as determined by Employer, regular full <br />time Employee on layoffshall have an opporlunity to r€tum to work within two (2) years of the lime <br />oftheir layoff bcfore any new Employeo is hired. <br />ARTICLE IO.DISCPLINE <br />The Bmployer retains the sole discretion 1o determioo what behavior warants dlsciplinary action and which <br />aotion will be imposed, <br />l0.l The Employer will discipline Employees forjust cause only. Disoipline will be in one or more ofthe <br />5 <br />7.5 <br />Page 66 of 304