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7 <br /> <br />If a grievance is not presented within the time limits set forth above, it shall be considered <br />"waived." If a grievance is not appealed to the next step within the specified time limit or any <br />agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last <br />answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified <br />time limits, the UNION may elect to treat the grievance as denied at that step and immediately <br />appeal the grievance to the next step. The time limit in each step may be extended by mutual <br />agreement of the EMPLOYER and the UNION. <br /> <br />6.7 Choice of Remedy <br /> <br />If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the <br />grievance involves the suspension, demotion, or discharge of an employee who has completed <br />the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI <br />or a procedure such as: Civil Service Veteran's Preference, or Fair Employment. If appealed to <br />any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration <br />procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing <br />which procedure is to be utilized -- Step 5 of ARTICLE VI or another appeal procedure -- and <br />shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved <br />employee from making a subsequent appeal through Step 5 of ARTICLE VI. <br /> <br /> <br />ARTICLE VII DEFINITIONS <br /> <br />7.1 UNION: The International Union of Operating Engineers, Local No. 49. <br /> <br />7.2 EMPLOYER: The City of St. Anthony. <br /> <br />7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local 49. <br /> <br />7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. <br /> <br />7.5 BASE PAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special <br />allowance. <br /> <br />7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE <br />II - RECOGNITION. <br /> <br />EMPLOYEES who are promoted from a job classification covered by this Agreement and return <br />to a job classification covered by this Agreement shall have their seniority calculated on their <br />length of service under this Agreement for purposes of promotion, transfer and lay off and total <br />length of service with the EMPLOYER for other benefits under this Agreement. <br /> <br />7.7 SEVERANCE PAY: Payment made to an EMPLOYEE upon honorable termination of <br />employment. <br /> <br />7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either <br />eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty <br />(40) hours within a seven (7) day period. <br /> <br />7.9 CALL BACK: Return of an EMPLOYEE to a specified work site to perform assigned duties at the <br />express authorization of the EMPLOYER at a time other than an assigned shift. An extension of <br />or early report to an assigned shift is not a call back. <br /> <br />ARTICLE VIII SAVINGS CLAUSE <br /> <br />8.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the