4.3. SR 10-03-2016 - Laserfiche WebLink

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ARTICLE 3 —DEFINITIONS UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. EMPLOYEE: A member of the exclusively recognized bargaining unit. STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4—EMPLOYER SECURITY 4.1 The union, its officers or agents, and the Employees covered by this agreement, agree that during the life of this agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the employer. 4.2 In the event that any employee violates this article, the union shall immediately notify any such employee in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any or all employees who violate any of the provisions of this article may be discharged or otherwise disciplined. 4.3 The employer's failure to exercise any right, prerogative, or function hereby reserved to it, or the employer's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the employer's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this agreement. ARTICLE 5—EMPLOYER AUTHORITY The employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this agreement. 5.1 Any term or condition of employment not specifically established or modified by this agreement shall remain solely within the discretion of the employer to modify, establish or eliminate. 5.2 Nothing in the agreement shall prohibit or restrict the right of the employer from subcontracting work performed by employees covered by this agreement. 2