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ARTICLE 3 – DEFINITIONS <br />UNION MEMBER: A member of the International Union of Operating Engineers, <br />Local No. 49. <br /> <br />EMPLOYEE: A member of the exclusively recognized bargaining unit. <br /> <br />STRIKE: Concerted action in failing to report for duty, the willful absence from one’s <br />position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, <br />faithful and proper performance of the duties of employment for the purpose of inducing, <br />influencing, or coercing a change in the conditions or compensation or the rights, <br />privileges or obligations of employment. <br /> <br />BASE PAY RATE: The employee’s hourly pay rate exclusive of any special <br />allowances. <br /> <br />ARTICLE 4 – EMPLOYER SECURITY <br />4.1 The union, its officers or agents, and the Employees covered by this agreement, <br />agree that during the life of this agreement it will not cause, encourage, participate <br />in or support any strike, slow down, other interruption of or interference with the <br />normal functions of the employer. <br /> <br />4.2 In the event that any employee violates this article, the union shall immediately <br />notify any such employee in writing to cease and desist from such action and shall <br />instruct them to immediately return to their normal duties. Any or all employees <br />who violate any of the provisions of this article may be discharged or otherwise <br />disciplined. <br /> <br />4.3 The employer’s failure to exercise any right, prerogative, or function hereby <br />reserved to it, or the employer’s exercise of any such right, prerogative, or <br />function in a particular way, shall not be considered a waiver of the employer’s <br />right to exercise such right, prerogative, or function or preclude it from exercising <br />the same in some other way not in conflict with the express provisions of this <br />agreement. <br /> <br /> <br />ARTICLE 5 – EMPLOYER AUTHORITY <br />The employer retains the full and unrestricted right to operate and manage all manpower, <br />facilities, and equipment; to establish functions and programs; to set and amend budgets; <br />to determine the utilization of technology; to establish and modify the organizational <br />structure; to select, direct, and determine the number of personnel; to establish work <br />schedules; and to perform any inherent managerial function not specifically limited by <br />this agreement. <br /> <br />5.1 Any term or condition of employment not specifically established or modified by <br />this agreement shall remain solely within the discretion of the employer to <br />modify, establish or eliminate. <br /> <br />2 <br /> <br /> <br />