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6 <br /> to be made, providing it pays for the record. If both parties desire a verbatim <br /> record of the proceedings, the cost shall be shared equally. If a record is <br /> requested, the arbitrator shall receive a copy at no cost. <br />7.5 Waiver: If a grievance is not presented within the time limits set forth above, it shall be <br />considered “waived." If a grievance is not appealed to the next step within the specified <br />time limit or any agreed extension thereof, it shall be considered settled based on 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 <br />that step and immediately appeal the grievance to the next step. The time limit in each <br />step may be extended by mutual written agreement of the Employer and the Union in <br />each step. <br />7.6 Choice of Remedy: If, because of the Employer's response in Step 2, the grievance <br />remains unresolved and if the grievance involves the suspension, demotion, or discharge <br />of an employee who has completed the required probationary period, the grievance may <br />be appealed either to Step 3 of this Article or to another procedure such as Veterans <br />Preference. If appealed to any procedure other than Step 3 of this Article, the grievance <br />shall not be subject to the arbitration procedure provided in Step 3 of this Article. The <br />aggrieved employee shall indicate in writing which procedure is to be used - Step 3 of this <br />Article or an alternative procedure - and shall sign a statement to the effect that the <br />choice of an alternate procedure precludes the employee from making an appeal <br />through Step 3 of this Article. <br />ARTICLE 8. SAVINGS CLAUSE <br />This Agreement is subject to the laws of the United States, the State of Minnesota, and the City <br />of Elk River, Minnesota. In the event any provisions of this Agreement shall be held to be <br />contrary to law by a court of competent jurisdiction from whose final judgment or decree no <br />appeal has been taken within the time limits provided, such provision shall be voided. All other <br />provisions of this Agreement shall continue in full force and effect. The voided provision may <br />be renegotiated at the written request of either party. <br />ARTICLE 9. SENIORITY <br />Seniority shall be determined by the regular full time Employee's length of continuous <br />employment with the Police Department and posted in an appropriate location. Seniority <br />rosters may be maintained by the Employer or designee based on time in grade and time <br />within specific classifications. <br />9.1 During the Probationary Period, a newly hired or rehired Employee may be discharged at <br />the sole discretion of the Employer. During the Probationary Period, a promoted or <br />reassigned regular full time Employee may be replaced in the Employee's previous <br />position at the sole discretion of the Employer. <br />Page 68 of 111