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of the CITY shall regulate all conditions of employment. <br /> <br /> <br />ARTICLE 4. GRIEVANCE PROCEDURE <br /> <br />4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section <br />1.20 of the Personnel Manual. <br /> <br /> <br />ARTICLE 5. DEFINITIONS <br /> <br />5.1 "EMPLOYEE" means an individual who has been hired by the City, and has <br />successfully passed all required tests and qualifications, and who is employed <br />on a schedule of at least 40 hours per week and 80 hours per pay period and <br />who is subject to the terms of this agreement. <br /> <br />5.2 “EMPLOYER” refers to the City of Mounds View. <br /> <br />5.3 “DEPARTMENT” refers to the City of Mounds View Department of Public Works. <br /> <br />5.4 "BASE PAY RATE" means an employee's hourly pay rate exclusive of any other <br />special allowances. <br /> <br />5.5 "SENIORITY" means length of continuous service with the CITY for purposes of <br />promotion, transfer, layoff and recall. <br /> <br />5.6 "CALL BACK" means return of an employee to a specified work site to perform <br /> assigned duties at the express authorization of the CITY at a time other than an <br /> assigned shift. An extension of or an early report to an assigned shift is not a <br /> call back. <br /> <br />5.7 “STANDBY DUTY” means that an EMPLOYEE is assigned to specific hours <br />outside the normal workday/workweek shift during which the EMPLOYEE must <br />remain available to be reached by telephone and be ready to immediately return <br />to work for call back purposes typically within forty-five (45) minutes, or less, of <br />call back orders. <br /> <br /> <br />ARTICLE 6. SAVINGS CLAUSE <br /> <br />This AGREEMENT is subject to the laws of the United States, the State of Minnesota, <br />and the CITY. In the event any provision of this AGREEMENT shall be held to be <br />contrary to law by a court of competent jurisdiction from whose final judgement or <br />decree no appeal has been taken within the time provided, such provision 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 request of either party. <br /> <br /> <br /> 4 <br /> <br />