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ARTICLE 4 – EMPLOYER SECURITY <br />4.1 The union, its officers or agents, and the Employees covered by this agreement, agree that <br />during the life of this agreement it will not cause, encourage, participate in or support any <br />strike, slow down, other interruption of or interference with the normal functions of the <br />employer. <br />4.2 In the event that any employee violates this article, the union shall immediately notify any <br />such employee in writing to cease and desist from such action and shall instruct them to <br />immediately return to their normal duties. Any or all employees who violate any of the <br />provisions of this article may be discharged or otherwise disciplined. <br />4.3 The employer’s failure to exercise any right, prerogative, or function hereby reserved to it, or <br />the employer’s exercise of any such right, prerogative, or function in a particular way, shall <br />not be considered a waiver of the employer’s right to exercise such right, prerogative, or <br />function or preclude it from exercising the same in some other way not in conflict with the <br />express provisions of this agreement. <br />ARTICLE 5 – EMPLOYER AUTHORITY <br />The employer retains the full and unrestricted right to operate and manage all manpower, facilities, <br />and equipment; to establish functions and programs; to set and amend budgets; to determine the <br />utilization of technology; to establish and modify the organizational structure; to select, direct, and <br />determine the number of personnel; to establish work schedules; and to perform any inherent <br />managerial function not specifically limited by this agreement. <br />5.1 Any term or condition of employment not specifically established or modified by this <br />agreement shall remain solely within the discretion of the employer to modify, establish or <br />eliminate. <br />5.2 Nothing in the agreement shall prohibit or restrict the right of the employer from <br />subcontracting work performed by employees covered by this agreement. <br />ARTICLE 6 – UNION SECURITY <br />In recognition of the union as the exclusive representative, the following shall apply: <br />6.1 The employer shall deduct from the wages of employees who authorize such a deduction in <br />writing an amount necessary to cover monthly union dues. Such monies shall be remitted <br />directly to the union monthly. <br />6.2 The union agrees to indemnify and hold the employer harmless against any and all claims, <br />suits, orders or judgments brought or issued against the city as a result of any action taken or <br />not taken by the city under the provisions of this article. <br />6.3 The union may designate three (3) employees within the bargaining unit as stewards and shall <br />notify the employer in writing of the employees so designated and of any change in that <br />position. Upon at least three days prior notification to the employer the stewards shall be <br />allowed time off duty with pay to attend negotiation sessions mutually scheduled by the union <br />and employer for the renewal of this agreement. If a designated steward is unable to attend, <br />the union may, upon written notice to the employer, designate an alternate steward. If the <br />required notices are not provided, the steward shall not be paid. <br /> <br />2 <br /> <br />