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12-16-19-SR
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12-16-19-SR
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The arbitrator shall be without power to make decisions contrary to, or inconsistent <br />with, or modifying or varying in any way, the application of laws, rules, or <br />regulations having the force and effect of law. The arbitrator's decision shall be <br />submitted in writing within thirty (30) days following the close of the hearing or the <br />submission of briefs by the parties, whichever be later, unless the parties agree to <br />any extension. The decision shall be binding on both the EMPLOYER and the <br />UNION and shall be based solely on the arbitrator's interpretation or application of <br />the express terms of this AGREEMENT and to the facts of the grievance <br />presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall be <br />borne equally by the EMPLOYER and the UNION, provided that each party shall <br />be responsible for compensating its own representatives and witnesses. If either <br />party desires a verbatim record of the proceedings, it may cause such a record to <br />be made, providing it pays for the record. If both parties desire a verbatim record <br />of the proceedings, the cost shall be shared equally. <br />5.6 Waiver <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 <br />agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS <br />last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within <br />the specified time limits, the UNION may elect to treat the grievance as denied at that <br />step and immediately appeal the grievance to the next step. The time limit in each step <br />may be extended by mutual agreement of the EMPLOYER and the UNION. <br />ARTICLE VI — DEFINITIONS <br />6.1 UNION <br /> The International Union of Operating Engineers, Local No. 49, AFL-CIO. <br />6.2 EMPLOYER <br /> The City of Arden Hills, Ramsey County. Minnesota, a Minnesota municipal corporation. <br />6.3 UNION MEMBER <br /> A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO. <br />6.4 EMPLOYEE <br /> A member of the exclusively recognized bargaining unit. <br />6.5 BASE PAY RATE <br /> The employee's hourly pay rate exclusive of longevity or any other special allowance. <br />6.6 SENIORITY <br /> Length of continuous service in any of the job classifications covered by ARTICLE II <br />RECOGNITION. Employees who are promoted from a job classification covered by this <br />AGREEMENT and return to a job classification covered by this AGREEMENT shall have <br />their seniority calculated on the length of service under this AGREEMENT for purposes of <br />promotion, transfer, and lay off and total length of service with the EMPLOYER for other <br />benefits under this AGREEMENT. <br />4
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