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7.7 CHOICE OF REMEDY <br />If, as a result of the written EMPLOYER response in Step 3 of the grievance <br />remains unresolved, and if the grievance involves discipline of an employee who <br />has completed the required probationary period, the grievance may be appealed <br />either to Step 4 of Article 7 or to Civil Service. If appealed to Civil Service the <br />grievance is not subject to the arbitration procedure as provided in Step 4 of <br />Article 7. The aggrieved employee shall indicate in writing which procedure is to <br />be utilized - Step 4 of Article 7 or Civil Service - and shall sign a statement to the <br />effect that the choice precludes the aggrieved employee from making a <br />subsequent appeal through Step 4 of Article 7. <br />ARTICLE 8 - SAVINGS CLAUSE <br />This AGREEMENT is subject to the laws of the United States, the State of Minnesota <br />and the City of Mounds View. In the event any provision of this AGREEMENT shall be <br />held to be contrary to law by a court of competent jurisdiction from whose final judgment <br />or decree no appeal has been taken within the time provided, such provisions shall be <br />voided. All other provisions of this AGREEMENT shall continue in full force and effect. <br />The voided provision may be renegotiated at the written request of either party. <br />ARTICLE 9 - PROBATIONARY PERIODS <br />9.1 All newly hired or rehired employees will serve a twelve (12) months' <br />probationary period. <br />9.2 All employees will serve a six (6) months' probationary period in any job <br />classification in which the employee has not served a probationary period. <br />9.3 At any time during the probationary period a newly hired or rehired employee <br />may be terminated at the sole discretion of the EMPLOYER. <br />9.4 At any time during the probationary period a promoted or reassigned employee <br />may be demoted or reassigned to the employee's previous position at the sole <br />discretion of the EMPLOYER. <br />ARTICLE 10 - SENIORITY <br />10.1 Seniority shall be determined by the employee's length of continuous <br />employment with the Police Department and posted in an appropriate location. <br />Seniority rosters may be maintained by the Chief on the basis of time in grade <br />and time within specific classifications. <br />10.2 A reduction of work force will be accomplished on the basis of seniority. <br />Employees shall be recalled from layoff on the basis of seniority. An employee on <br />layoff shall have an opportunity to return to work within two years of the time of <br />the employee's layoff before any new employee is hired. <br />