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6.6 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. The time limit in each step may be extended by mutual agreement of the Employer and the Union. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49, ~IO. . 7.2 EMPLOYER: The City of Arden Hills, Ramsey County. Minnesota, a Minnesota municipal corporation. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Loca~ No. 49. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.6 SENIORITY: Length of continuous service with the Employer. 7.7 STEWARD: Employee whose responsibilities are limited to receiving complaints from its member of violations of the Agreement, checking status of membership in unit, reporting safety problems and serving as communicatioft link. ARTICLE VIII SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Arden Hills. In the event any provision 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 shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES 9.1 The Employer has the sole authority in the preparation of work schedules. The normal work day for an employee shall be eight (8) hours from 7:00 o'clock a.m. to 3:30 p.m. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some.employees on a daily, weekly, seasonal or annual basis other than the normal work day or week. The Employer shall give at least three (3) days advance notice to the employees affected by the establishment of work days different from the employee's normal work day or week. 9.3 The employees shall be allowed one coffee break in the morning of twenty (20) mhlutes in duration, exclusive of driving time to and from Public Works building if required, and no coffee break in the after- noon. They-shall be allowed a lunch period of thirty (30) minutes for which they Nill receive no pay. 9.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if reques~ed unless unusual circumstances prevent him from so workillg. I -4- --