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-5- <br /> C., The fees and expenses for the Arbitrator's .s;ery-ices and proceedings shall <br /> :• be borne equally by the EMPLOYER and the UNION, provided that each party <br /> shall be- responsible- for compensating its own representatives and wit- <br /> nesses. If either party desires a verbatim record of the proceedings <br /> it may cause such a record to be made, providing it pays. for the record. <br /> If both .parties desire a verbatim record of the proceedings the cost shall <br /> be shared equally. <br /> -7. 6 Waiver: If a grievance is not presented within the time. limits set forth <br /> above, it shall be considered "waived If a grievance is not appealed to <br /> the next step within the specified time limit or any agreed extension. thereof, <br /> it shall be Considered settled on the basis of the EMPLOYER'S last answer. <br /> If the EMPLOYER does not answer a grievance or an appeal thereof, within the <br /> specified time limits, the UNION may elect to treat the grievance as denied <br /> at that step and immediately appeal the grievance to the. next step. The time <br /> limit in each step may be extended by mutual written agreement of the- <br /> EMPLOYER, and the UNIOid, in each step. <br /> This AGREEMENT is subject to the laws of the United States, the State of Minnesota and <br /> the City of St. Anthony Ordinances . In the event any provision of this AGREEMENT <br /> shall be held to be contrary to law by a court of competent jurisdiction from whose <br /> final judgment or decree no appeal has. been taken within the time provided, such <br /> provisions shall be voided. All ether provisions shall continue in full force and <br /> effect. The voided provision may be re-negotiated at the written reque,st :of either <br /> party. All other provisions of this AGREEMENT shall continue in full force -and effect. <br /> ARTICLE IX SENIORITY <br /> ?. l Seniority shall be determined by the employee's length of continuous employ- <br /> Qrient with the Fire Department and posted in an appropriate location. Seniority <br /> rosters may be maintained by the Chief on the basis of time in grade and time <br /> within specific classifications .. New employees shall be on a six month pro- <br /> bationary period.. The employee shall be certified, after that time unless in the <br /> opinion of the Fire Chief, additional training is necessary before certifica- <br /> tion. Seniority shall be according to time and date of hire. In the case of <br /> two enployees hired at the same time, one shall be senior in seniority. In <br /> case taro or more were hired at the same time, seniority shall be determined by <br /> • lottery ( such as a flip of a coin or the drawing of a card) . A seniority <br /> list shall be established for all employees and-a -copy ;of that list forwarded <br /> to the UN110"N <br />