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appeal the grievance to the next step. The time limit in each step may be <br /> extended by mutual written agreement of the EMPLOYER and the UNION in <br /> 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 <br /> discharge of an employee who has completed the required probationary <br /> period, the grievance may be appealed either to Step 4 of the ARTICLE VII or a <br /> procedure such as: <br /> Civil-Service, Veteran's-Preference, or-Fair-Employment—-If-appealed-to-any <br /> procedure other than Step 4 of ARTICLE VII the grievance is not subject to the <br /> arbitration procedure as provided in Step 4 of ARTICLE VII. The aggrieved <br /> employee shall indicate in writing which procedure is to be utilized -- Step 4 of <br /> ARTICLE VII or another appeal procedure -- and shall sign a statement to the <br /> effect that the choice of any other hearing precludes the aggrieved employee <br /> from making a subsequent appeal through Step 4 of ARTICLE VII. <br /> ARTICLE VIII - 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 <br /> judgement or decree no appeal has been taken within the time provided, such <br /> provisions shall be voided. All other provisions of this AGREEMENT shall continue in <br /> full force and effect. The voided provision may be renegotiated at the written request <br /> of either party. <br /> ARTICLE IX - SENIORITY <br /> 9.1 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 /> 9.2 During the probationary period a newly hired or rehired employee may be <br /> discharged at the sole discretion of the EMPLOYER. During the probationary <br /> period a promoted or reassigned employee may be replaced in their previous <br /> position at the sole discretion of the EMPLOYER. <br /> 9.3 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 <br /> on layoff shall have an opportunity to return to work within two years of the <br /> time of the employee's layoff before any new employee is hired. <br />