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decision shall be submitted in writing within 30 days following close of the <br />hearing or the submission of briefs by the parties, whichever be later, <br />unless the parties agree to an extension. The decision shall be binding on <br />both the EMPLOYER and the UNION and shall be based solely on the <br />arbitrator's interpretation or application of the express terms of this <br />AGREEMENT and to the facts of the grievance presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall <br />be borne equally by the EMPLOYER and the UNION provided that each <br />party shall be responsible for compensating its own representatives and <br />witnesses. If either party desires a verbatim record of the proceedings, it <br />may cause such a record to be made, providing it pays for the record. If <br />both parties desire a verbatim record of the proceedings the cost shall be <br />shared equally. <br />7.6 WAIVER <br />If a grievance is not presented within the time limits set forth above, it shall be <br />considered "waived". If a grievance is not appealed to the next step within the <br />specified time limit or any agreed extension thereof, it shall be considered settled <br />on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer <br />a grievance or an appeal thereof within the specified time limits, the UNION may <br />elect to treat the grievance as denied at that step and immediately appeal the <br />grievance to the next step. The time limit in each step may be extended by mutual <br />written agreement of the EMPLOYER and the UNION in each step. <br />7.7 CHOICE OF REMEDY <br />If, as a result of the written EMPLOYER response in Step 3 of the grievance <br />remains unresolved, and if the grievance involves discipline of an employee who <br />has completed the required probationary period, the grievance may be appealed <br />to Step 4 of Article 7. <br />ARTICLE 8 - 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 judgment <br />or decree no appeal has been taken within the time provided, such provisions 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 written request of either party. <br />ARTICLE 9 - PROBATIONARY PERIODS <br />9.1 All newly hired or rehired employees will serve a 12-month probationary period. <br />9.2 All employees will serve a six (6) month probationary period in any job <br />classification in which the employee has not served a probationary period. <br />9.3 At any time during the probationary period a newly hired or rehired employee may <br />be terminated at the sole discretion of the EMPLOYER. <br />