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ARTICLE 4. GRIEVANCE PROCEDURE <br /> 4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section 308 of <br /> the Personnel Code. <br /> 4.2 Grievances relating to performance reviews shall be limited to Steps 1 and 2 of the <br /> established procedures. <br /> ARTICLE 5. DEFINITIONS <br /> 5.1 "EMPLOYEE" means an individual who has successfully completed the required <br /> probationary period and who employed on a schedule of at least 40 hours per week and 80 <br /> hours per pay period and who is subject to the terms of this agreement. <br /> 5.2 "BASE PAY RATE" means an employee's hourly pay rate exclusive of any other special <br /> allowances. <br /> 5.3 "SENIORITY" means length of continuous service with the CITY for purposes of <br /> promotion, transfer, layoff and recall. <br /> 5.4 "CALL BACK" means return of an employee to a specified work site to perform assigned <br /> duties at the express authorization of the CITY at a time other than an assigned shift. An <br /> extension of or an early report to an assigned shift is not a call back. <br /> ARTICLE 6. SAVINGS CLAUSE <br /> This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the <br /> CITY. In the event any provision of this AGREEMENT shall be held to be contrary to law by a <br /> court of competent jurisdiction from whose final judgement or decree no appeal has been taken <br /> within the time provided, such provision shall be voided. All other provisions of this <br /> AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated <br /> at the request of either party. <br /> ARTICLE 7. WORK SCHEDULE <br /> 7.1 The sole authority for work schedules is the CITY. The normal work day for an <br /> EMPLOYEE shall be eight(8) hours. The normal work week shall be forty(40)hours <br /> Monday through Friday. Hours per day and days of the week may be varied if mutually <br /> agreed between the CITY and the EMPLOYEE. <br /> 7.2 Service to the public may require the establishment of regular shifts for some <br /> EMPLOYEES on a daily, weekly, seasonal or annual basis other than the normal 7:00 <br /> a.m. - 3:30 p.m. day. The CITY will give seven(7) days advance notice to the <br /> EMPLOYEES affected by the establishment of work days different from the <br /> EMPLOYEES normal eight hour work day. <br /> 5 <br />