Agenda - Council - 09/28/2021 - Laserfiche WebLink

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interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EmployerEMPLOYER and LELS provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it 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 equally. 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 agree extension thereof, it shall be considered settled on the basis of the EmploycrEMPLOYER's last answer. If the EmploycrEMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, LELS 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 written agreement of the EmployerEMPLOYER and LELS in each step. 6.7 Choice of Remedy. If, as a result of the written EmployerElvIPLOYER response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion or discharge of any employeeEMPLOYEE who has completed the required probationary period, the grievance may be appealed either by step 4 of ARTICLE 6 or a procedure such as: Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of ARTICLE 6, the grievance is not subject to the arbitration procedure as provided in Step 4 of ARTICLE 6. The aggrieved employeeEMPLOYEE shall indicate in writing which procedure is to be utilized — Step 4 of ARTICLE 6 or another appeal procedure — and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee EMPLOYEE from making a subsequent appeal through step 4 of ARTICLE 6. ARTICLE 7: SENIORITY 7.1 Seniority shall be determined by the Employee's EMPLOYEE'S time in grade and may be posted in an appropriate location. Seniority rosters shall be maintained by the Chief on the basis of time in grade and time within specific classifications. 7.2 During the one year probationary period, a newly hired or rehired Ernp-1eyeeEMPLOYEE may be discharged at the sole discretion of the EmployerEMPLOYER. During the six month probationary period, a promoted or reassigned EmployeeEMPLOYEE may be replaced in the empleyeels-EMPLOYEE'S previous position at the sole discretion of the EmployerEMPLOYER. 7.3 A reduction of work force will be accomplished on the basis of seniority. EmployeesEMPLOYEES shall be recalled from layoff on the basis of seniority. An Employee EMPLOYEE on layoff shall have an opportunity to return to work within 7