CC PACKET 12132005 - Laserfiche WebLink

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the record. If both parties desire a verbatim record. of the proceedings, the cost shall be shared equally. 6.3. 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. 6.4. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION, in each step. 7. . SAVINGS CLAUSE. 7.1. This Agreement is subject to the law. In the event any of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision(s) shall be voided. All other provisions shall continue in full force and effect. The voided provision may be re -negotiated at the written request of either party. All provisions of this Agreement shall continue in full force and effect. 8. SENIORITY. 8.1. Seniority shall be determined by the EMPLOYEE'S length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the Department Head-on the basis of time in grade and time within specific classifications. The EMPLOYER shall establish a seniority list and a copy of that list forwarded to the UNION. 8.1.1. Seniority shall be according to time and date of hire. 8.1.2. In case two EMPLOYEES are hired at the same time, one shall be senior. In case two or more are hired at the same time, seniority shall be determined by lottery (such as the flip of a coin or the drawing of a card). 8.1.3. New EMPLOYEES shall be on a six-month probationary period. The EMPLOYEE shall be certified after that time unless, in the opinion of the Department Head, additional training is necessary before certification. In no event may an EMPLOYEE be subject to more than two consecutive probationary periods. 8.1.3.1. During the probationary period, a newly hired or rehired EMPLOYEE may be discharged at the sole discretion of the EMPLOYER. 8.1.3.2. During the probationary period, a promoted or re -assigned EMPLOYEE may be replaced in his/her previous position at the sole discretion of the EMPLOYER. 8.2. A reduction in work force will be accomplished on the basis of job classification and/or seniority with the EMPLOYEE with the least seniority to be laid off first. 5