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• City of St. Anthony <br /> Public Works Labor Agreement <br /> Page 5 <br /> the UNION and shall be based solely on the arbitrator's interpretation <br /> or application of the express terms of this AGREEMENT and to the <br /> facts of the grievance presented. <br /> C. The fees and expenses for the arbitrator's services and proceedings <br /> shall be borne equally by the EMPLOYER and the UNION provided that <br /> each party shall be responsible for compensating its own <br /> representatives and witnesses. If either party desires a verbatim <br /> record of the proceedings, it may cause such a record to be made, <br /> providing it pays for the record. If both parties desire a verbatim <br /> record of the proceedings the cost shall be shared equally. <br /> 6.6 Waiver <br /> If a grievance is not presented within the time limits set forth above, it shall <br /> be considered "waived." If a grievance is not appealed to the next step <br /> within the specified time limit or any agreed extension thereof, it shall be <br /> considered settled on the basis of the EMPLOYER'S last answer. If the <br /> • 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 at <br /> that step and immediately appeal the grievance to the next step. The time <br /> limit in each step may be extended by mutual agreement of the EMPLOYER <br /> and the UNION. <br /> 6.7 Choice of Remedy <br /> If, as a result of the EMPLOYER response in Step 4, the grievance remains <br /> unresolved, and if the grievance involves the suspension, demotion, or <br /> discharge of an employee who has completed the required probationary <br /> period, the grievance may be appealed either to Step 5 of ARTICLE VI or a <br /> procedure such as: Civil Service Veteran's Preference, or Fair Employment. <br /> If appealed to any procedure other than Step 5 of ARTICLE VI the grievance <br /> is not subject to the arbitration procedure as provided in Step 5 of ARTICLE <br /> VI. The aggrieved employee shall indicate in writing which procedure is to <br /> be utilized -- Step 5 of ARTICLE VI or another appeal procedure -- and shall <br /> sign a statement to the effect that the choice of any other hearing precludes <br /> the aggrieved employee from making a subsequent appeal through Step 5 of <br /> ARTICLE VI. <br /> • <br />