Agenda - Council - 11/26/2024 - Laserfiche WebLink

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C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER 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 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,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 EMPLOYER and LELS in each step. 6.7 Choice of Remedy. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion or discharge of any EMPLOYEE who has completed the required probationary period,the grievance may be appealed either by Step 4 of ARTICLE Six(6)or a procedure such as: Veteran's Preference or Fair Employment.If appealed to any procedure other than Step 4 of ARTICLE Six(6),the grievance is not subject to the arbitration procedure as provided in Step 4 of ARTICLE Six(6).The aggrieved EMPLOYEE shall indicate in writing which procedure is to be utilized-Step 4 of ARTICLE five(five)or another appeal procedure- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 4 of ARTICLE six(6). ARTICLE SEVEN(7) SENIORITY 7.1 Seniority shall be determined by the EMPLOYEES'S length of continuous employment with the Police Department and may be posted in an appropriate location.Seniority rosters may 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 EMPLOYEE may be discharged at the sole discretion of the EMPLOYER. During the one year probationary period,a promoted or reassigned EMPLOYEE may be replaced in his/her previous position at the sole discretion of the EMPLOYER. 7.3 A reduction of work force will be accomplished on the basis of seniority.EMPLOYEES shall be recalled from layoff on the basis of seniority.An EMPLOYEE on layoff shall have an opportunity to return to work within two(2)years of the time of his/her layoff before any new EMPLOYEE is hired. 7.4 Annual leave shall be selected according to the following procedure: 8