Agenda Packets - 1999/08/23 - Laserfiche WebLink

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appeal thereof within the specified time limits,the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedy If, as a result of the written EMPLOYER response in Step 3 of the grievance remains unresolved, and if the grievance involves discipline of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or to Civil Service. If appealed to Civil Service the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized - Step 4 of Article 7 or Civil Service - and shall sign a statement to the effect that the choice precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. ARTICLE 8 SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Mounds View. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9 SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment as a sergeant in the Mounds View Police Department. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of the employee's layoff before any new employee is hired. 9.2.a. During a probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 Senior employees will be given preference with regard to transfer,job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9