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4 <br /> <br />224223v3 <br />and shall be based solely on the arbitrator's interpretation or application of the <br />express terms of this 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 />6.6 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 />any agreed extension thereof, it shall be considered settled on the basis of the <br />EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal <br />thereof within the specified time limits, the UNION may elect to treat the grievance as <br />denied at that step and immediately appeal the grievance to the next step. The time limit in <br />each step may be extended by mutual agreement of the EMPLOYER and the UNION. <br />6.7 CHOICE OF REMEDY <br />If, as a result of the written EMPLOYER response in Step 3, the grievance remains <br />unresolved, and if the grievance involves the suspension, demotion, or discharge of an <br />employee who has completed the required probationary period, the grievance may be <br />appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran’s <br />Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article <br />VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article <br />VII. The aggrieved employee shall indicate in writing which procedure shall be utilized-- <br />Step 4 of Article VII or another appeal procedure--and shall sign a statement to the effect <br />that the choice of any other hearing precludes the aggrieved employee from making a <br />subsequent appeal through Step 4 of Article VII. Except that with respect to statutes under <br />the jurisdiction of the United States Equal Employment Opportunity Commission, an <br />employee pursuing a statutory remedy is not precluded from also pursuing an appeal under <br />this grievance procedure. <br /> <br />ARTICLE 7 SAVINGS CLAUSE <br /> <br />This AGREEMENT is subject to law. In the event any provision of this AGREEMENT shall be <br />held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree <br />no appeal has been taken within the time provided, such provision shall be voided. All other <br />provisions of this AGREEMENT shall continue in full force and effect. The voided provision may <br />be renegotiated at the request of either party. <br /> <br />ARTICLE 8 SENIORITY <br /> <br />8.1 Seniority shall be determined by the employee’s length of continuous employment with <br />the Police Department and posted in an appropriate location. Seniority rosters may be <br />maintained by the Chief on the basis of time in grade and time within specific <br />classifications. <br />8.2 During the probationary period a newly hired or rehired employee may be discharged at <br />the sole discretion of the EMPLOYER. During the probationary period a promoted or