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-5- <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 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 UNION, 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 other provisions shall continue in full force and <br /> effect. The voided provision may be re-negotiated at the written request :,of either <br /> party. All other provisions of this AGREEMENT shall continue in full force and effect. <br /> ARTICLE IX SENIORITY <br /> 9. 1 Seniority shall be determined by the employee's length of continuous employ- <br /> ment 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 employees hired at the same time, one shall be senior in seniority. In <br /> case two 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 UNION office. <br />