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RES 18-076 RATIFYING THE 2019-2020 AGREEMENT BETWEEN THE INTERNATION UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT EMPLOYEES AND THE CITY OF ST. ANTHONY VILLAGE
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RES 18-076 RATIFYING THE 2019-2020 AGREEMENT BETWEEN THE INTERNATION UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT EMPLOYEES AND THE CITY OF ST. ANTHONY VILLAGE
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ARTICLE IV EMPLOYER SECURITY <br />4.1 The UNION agrees 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 normal functions <br />of the EMPLOYER. <br />ARTICLE V EMPLOYER AUTHORITY <br />5.1 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; to <br />determine the utilization of technology; to establish and modify the organizational structure; to <br />select, direct and determine the number of personnel; to establish work schedules; and to <br />perform any inherent managerial function not specifically limited by this Agreement. <br />5.2 Any term and condition of employment not specifically established or modified by this Agreement <br />shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. <br />ARTICLE VI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE <br />6.1 Definition of a Grievance <br />A grievance is defined as a dispute or disagreement as to the interpretation or application of the <br />specific terms and conditions of this Agreement. <br />6.2 Union Representatives <br />The EMPLOYER will recognize representatives designated by the UNION as the grievance <br />representatives of the bargaining unit having the duties and responsibilities established by this <br />Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION <br />representatives and of their successors when so designated. <br />6.3 Processing Of A Grievance <br />It is recognized and accepted by the UNION and the EMPLOYER that the processing of <br />grievances as hereinafter provided is limited by the job duties and responsibilities of the <br />EMPLOYEES and shall therefore be accomplished during normal working hours only when <br />consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the <br />UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay <br />when a grievance is investigated and presented to the EMPLOYER during normal working hours <br />provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the <br />approval of the designated supervisor who has determined that such absence is reasonable and <br />would not be detrimental to the work programs of the EMPLOYER. <br />6.4 Procedure <br />Grievances, as defined by Section 6.1, shall be resolved in conformance with the following <br />procedure: <br />Step 1 An EMPLOYEE claiming a violation concerning the interpretation or application of this <br />AGREEMENT shall, within 21 calendar days after such alleged violation has occurred; present <br />such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The <br />EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance <br />within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to <br />Step 2 shall be placed in writing setting for the nature of the grievance, the facts on which it is <br />based, the provision or provisions of the Agreement allegedly violated, and the remedy and shall <br />be appealed to Step 2 within ten (10) calendar days after the EMPLOYER - designated <br />
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