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02-12-24-R
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02-12-24-R
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B. 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 regulations <br />having the force and effect of law. The arbitrator's decision shall be submitted in writing <br />within thirty (30) days following the close of the hearing or the submission of briefs by <br />the parties, whichever be later, unless the parties agree to any extension. The decision <br />shall be binding on both the EMPLOYER and the UNION and shall be based solely <br />on the arbitrator's interpretation or application of the express terms of this <br />AGREEMENT and to the facts of the grievance presented. <br />C. The fees and expenses for the arbitrator's services and proceedings shall be borne <br />equally by the EMPLOYER and the UNION, provided that each party shall be <br />responsible for compensating its own representatives and witnesses. If either party <br />desires a verbatim record of the proceedings, it may cause such a record to be made, <br />providing it pays for the record. If both parties desire a verbatim record of the <br />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 last <br />answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the <br />specified time limits, the UNION may elect to treat the grievance as denied at that step and <br />immediately appeal the grievance to the next step. The time limit in each step may be <br />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 their <br />seniority calculated on the length of service under this AGREEMENT for purposes of promotion, <br />transfer, and lay off and total length of service with the EMPLOYER for other AGREEMENT. <br />S <br />
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