CC RES 95-055 RESOLUTION RATIFYING THE 1996-1997 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEER, LOCAL 49, AFL-CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPRTMENT

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City of St. Anthony Public Works Labor Agreement Page 5 C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 Choice of Remedy If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 5 of ARTICLE VI or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.2 EMPLOYER: The City of St. Anthony. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local 49, AFL-CIO.