Laserfiche WebLink
decision shall be binding on both the EMPLOYER and LELS and shall be based <br /> solely on the arbitrator's interpretation or application of the express terms of this <br /> 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 LELS provided that each party shall be responsible <br /> for compensating its own representatives and witnesses. If either party desires a <br /> verbatim record of the proceedings,it may cause such a record to be made,providing <br /> it pays for the record. If both parties desire a verbatim record of the proceedings the <br /> cost shall be shared equally. <br /> 7.6 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 EMPLOYER'S <br /> last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the <br /> specified time limits, LELS may elect to treat the grievance as denied at that step and <br /> immediately appeal the grievance to the next step. The time limit in each step may be <br /> extended by mutual written agreement of the EMPLOYER and LELS in each step. <br /> 7.7 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 is to be utilized--Step <br /> 4 of Article VII or another appeal procedure--and shall sign a statement to the effect that the <br /> choice of any other hearing precludes the aggrieved employee from making a subsequent <br /> appeal through Step 4 of Article VII. Except that with respect to statutes under the <br /> jurisdiction of the United States Equal Employment Opportunity Commission,an employee <br /> 6 <br />