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213944v6 <br />ARTICLE 7 – SAVINGS CLAUSE <br /> <br />7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the <br />City of Orono. In the event that any provision of this Agreement shall be held to be <br />contrary to the law by a Court of competent jurisdiction or administrative agency from <br />whose final judgment or decree no appeal is made within the time provided, or is in <br />violation of legislative or administrative regulations such provision shall be voided. All <br />other provisions of this Agreement shall continue in full force and effect. The voided <br />provisions shall be renegotiated upon written request of either party. <br /> <br />ARTICLE 8 – EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE <br /> <br />8.1 A grievance is defined as a dispute or disagreement as to the interpretation or application <br />of the specific terms and conditions of this Agreement. <br /> <br />8.2 Union Representative. The Employer will recognize representatives designated by the <br />Union as the grievance representatives of the bargaining unit. The Union shall notify the <br />Employer in writing of the names of such Union representatives and of their successors <br />when so designated. <br /> <br />8.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer <br />that the processing of grievances as hereinafter provided is limited by the job duties and <br />responsibilities of the employees and shall therefore be accomplished during normal <br />working hours only when consistent with such employee duties and responsibilities. The <br />aggrieved employee and the Union representative shall be allowed a reasonable amount of <br />time without loss in pay when a grievance is investigated and presented to the Employer <br />during normal working hours provided the employee and the Union representative have <br />notified and received the approval of the designated supervisor. <br /> <br />8.4 Procedure. Grievances, as defined by Section 8.1, shall be resolved in conformance with <br />the following procedure: <br /> <br />Step 1. An employee claiming a violation concerning the interpretation or application of <br />this Agreement shall, within twenty-one (21) calendar days after such alleged violation has <br />occurred, present such grievance to the Employer. At this step, the grievance may be <br />presented in writing. The Employer will discuss and give an answer, in writing, to such <br />Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in <br />Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the <br />grievance, the facts on which it was based, the provision or provisions of the Agreement <br />allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten <br />(10) calendar days after the Employer’s final answer in Step 1. Any grievance not appealed <br />in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. <br /> <br />Step 2. If appealed, the written grievance shall be presented by the Union and discussed <br />with the Employer-designated Step 2 representative. The Employer-designated <br />representative shall give the Union the Employer’s Step 2 answer in writing within Ten