RES 18-076 RATIFYING THE 2019-2020 AGREEMENT BETWEEN THE INTERNATION UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT EMPLOYEES AND THE CITY OF ST. ANTHONY VILLAGE

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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 Remedv 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. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. EMPLOYEES who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this Agreement. 7.7 SEVERANCE PAY: Payment made to an EMPLOYEE upon honorable termination of employment. 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK: Return of an EMPLOYEE to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back.