80-067 - Laserfiche WebLink

Home Browse Search

. B. The arbitrator shail be without power to make deci- sions contrary to, or Inconststent with, or modify- Ing or varying In any way thG application of laws, rules, or reguiat~ons havlng the forca and effect of law. The arbitrator's decision shall be submitted In writing wtthln thirty 130l days fo~lowlng close of the hearing or the submission of briefs by the parties, whichever' Do,latei'., unless tlie parties agree to an extension. The dBcislon shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's Interpretatton or app~lcatlon of the expr.ss terms of this Agreement and to the facts of the grievance presentod. C. The fees and expenses for the arbitrator's services and proceedings sha!! be borne equally by the Employer and the Union provided that each party shall be respon- sible for compensating ~he rDpresentatlves and witnesses called by Itseif. If either party desires a verbatim record of the proceedings, h may cause such a record to, be made, providing It pays for the record. If both parties desire a verbatim record of the proceedIngs, the cost shall be shared equa~ Iy. 6.6 WAIVER If a grievance Is not presonted withIn the Time limits set forth above, It sha!1 be considen:ld "1rIalved". I'f a griev- ance Is not appealed to the next step within the specified time limit or any agn,ed ext6nslon thereof, It shall be considered settled on the basis of the Employer's lest answer. If tha Em!>loV'or doa~, not nnS\Hlr a grievance or an appeaJ thereof within the sp6clfied time limits, the Union May e~ect to treat the grievance 35 denied at that step and Immed!ately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of tho Emplcyer and the Union. ARTlCLE VII OEF~NITIONS. 7.1 UNION: The Internattenal Union of Operating Engineers, local No. 49, AFl-CIO. 7.2 EMPlOYE~: The City ot Ardon HI lis, Ramsay County, Minnesota, a Minnesota mun!clpal corporation. 7.3 UNION MEMBER: A member of the Intsrnatlona~ Union of Operating Engineers, local No. 49. . 7.4 EMPLOYEE: A mamb~r of the axclu$iva~y recognized bargain- Ing unit. 7.5 BASE PAY RATE: The Em)~oyoe's hourly pay rata exclusive Oflongavlty 0'- any oi'"er spaGClll Il! lowances. . 7.6 SENIORITY: longth of ~ontlnuous sarv!ca with the Employer. 7.7 STEWAHQ.: Employee whose rospnns!')jl:fles an' limited to receiVing comp~alnts from Its ffiBffi)ers of violations of the AgreBmont, checking status of meMbership in unit, report- Ing safety problems and servIng as communication link. ARTICLE VI I I SAVINGS CLAUSE. This AgrB~ment is subject to the ~DWS of ths United States, the State of Minnesota, and the City of Ardan Hills. In the event any provision of thls Agreement shal i be hold to bo contrary to law by a court of comp,tent jurisdiction from ~hDS~ final judgm&nt or decree no appeal has baen taken within the tlm& provld~d, such provision shal t be voided. Ail other provisions of this Agreement shall con- tinue In full force and effect. The voided provision may be renego- tiated at the request of either fBrty. -4- -...._.~._.......