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• <br /> denied at that step and immediately appeal the grievance to the next step. The time limit <br /> • in each step may be extended by mutual written agreement of the EMPLOYER and the <br /> UNION in each step. <br /> 7.7 CHOICE OF REMEDY <br /> If, as a result of the written EMPLOYER response in Step 3,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 4 of ARTICLE VII or a procedure such as: <br /> Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure <br /> other than Step 4 of ARTICLE VII the grievance is not subject to the arbitration <br /> procedure as provided in Step 4 of ARTICLE VII. The aggrieved employee shall <br /> indicate in writing which procedure is to be utilized-- Step 4 of ARTICLE VII or another <br /> appeal procedure -- and shall sign a statement to the effect that the choice of any other <br /> hearing precludes the aggrieved employee from making a subsequent appeal through Step <br /> 4 of ARTICLE VII. <br /> ARTICLE 8 - SAVINGS CLAUSE <br /> This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the <br /> • City of Mounds View. In the event any provision of this AGREEMENT shall be held to be <br /> contrary to law by a court of competentjurisdiction from whose final judgement or decree no <br /> appeal has been taken within the time provided, such provisions shall be voided. All other <br /> provisions of this AGREEMENT shall continue in full force and effect. The voided provision <br /> may be renegotiated at the written request of either party. <br /> ARTICLE 9 - SENIORITY <br /> 9.1 Seniority shall be determined by the employee's length of continuous employment with <br /> the Police Department and posted in an appropriate location. Seniority rosters may be <br /> maintained by the Chief on the basis of time in grade and time within specific <br /> classifications. <br /> 9.2 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 employee may be replaced in their previous position at the sole discretion of <br /> the EMPLOYER. <br /> 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees <br /> shall be recalled from layoff on the basis of seniority. An employee on layoff shall have <br /> III an opportunity to return to work within two years of the time of the employee's layoff <br /> before any new employee is hired. <br /> City of Mounds View LETS Contract 9 <br />