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• effect that the choice of any other hearing precludes the aggrieved employee <br /> from making a subsequent appeal through Step 5 of ARTICLE VI. <br /> ARTICLE VII DEFINITIONS <br /> 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. <br /> 7.2 EMPLOYER: The City of St. Anthony. <br /> 7.3 UNION MEMBER: A member of the International Union of Operating <br /> Engineers, Local No. 49, AFL-CIO. <br /> 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. <br /> 7.5 BASE PAY RATE, The EMPLOYEE'S hourly pay rate exclusive of longevity or <br /> any other special allowance. <br /> 7.6 SENIORITY: Length of continuous service in any of the job classifications <br /> covered by ARTICLE II - RECOGNITION. <br /> EMPLOYEES who are promoted from a job classification covered by this <br /> Agreement and return to a job classification covered by this Agreement shall <br /> have their seniority calculated on their length of service under this Agreement for <br /> • purposes of promotion, transfer and lay off and total length of service with the <br /> EMPLOYER for other benefits under this Agreement. <br /> 7.7 SEVERANCE PAY: Payment made to an EMPLOYEE upon honorable <br /> termination of employment. <br /> 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in <br /> excess of either eight (8) hours within a twenty-four(24) hour period (except for <br /> shift changes) or more than forty (40) hours within a seven (7) day period. <br /> 7.9 CALL BACK: Return of an EMPLOYEE to a specified work site to perform <br /> assigned duties at the express authorization of the EMPLOYER at a time other <br /> than an assigned shift. An extension of or early report to an assigned shift is not <br /> a call back. <br /> ARTICLE VIII SAVINGS CLAUSE <br /> 8.1 This Agreement is subject to the laws of the United States, the State of <br /> Minnesota, and the signed municipality. In the event any provision of this <br /> Agreement shall be held to be contrary to law by a court of competent jurisdiction <br /> from whose final judgment or decree no appeal has been taken within the time <br /> provided, such provision shall be voided. All other provisions of this Agreement <br /> shall continue in full force and effect. The voided provision may be renegotiated <br /> at the request of either party. <br /> 5 <br />