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4. RIGHTS, PRIVILEGES AND WORKING CONDITIONS. <br />4.1. The EMPLOYER shall deduct from the wages of EMPLOYEES, who authorize such deduction <br />in writing, a monthly amount sufficient to provide the payment of dues, or a fair share amount as <br />permitted by PELRA, as established by the UNION. Such monies shall be remitted to the <br />UNION. <br />4.2. The UNION may designate UNION MEMBERS to act as stewards and shall inform the <br />EMPLOYER in writing of such choice. The EMPLOYER may designate persons to represent it <br />and to inform the UNION, in writing, of such choices and any change in such choices. <br />4.3. The EMPLOYER will provide a bulletin board and make sufficient space available for the <br />posting of UNION notices and announcements. <br />4.4. Consistent with public interests and with the permission of the Department Head, or his <br />designate, the EMPLOYER agrees that a UNION representative shall, without loss of pay, be <br />allowed to: <br />4.4.1. Investigate and pursue grievances; <br />4.4.2. Attend negotiation meetings; <br />4.4.3. Consult with EMPLOYER representatives; <br />4.4.4. Meet with local UNION officials or other UNION representatives concerning the <br />enforcement or application of any provision of this Agreement. <br />4.5. The UNION shall indemnify and save the EMPLOYER harmless against any and all claims, <br />demands, suits or other forms of liability, which, may arise out of any action taken or not taken <br />by the EMPLOYER for the purpose of complying with the provisions of this Section. <br />5. 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 />6. GRIEVANCE PROCEDURE. <br />6.1. Grievances, as defined in 3.12, shall be resolved in conformance with the following procedure: <br />6.1.1. Step 1. An EMPLOYEE claiming a violation, concerning the interpretation or application <br />of Agreement shall, within twenty -one (21) calendar days after such alleged <br />violation has occurred, present such grievance to the EMPLOYEE'S supervisor, as <br />designated by the EMPLOYER. The EMPLOYER designated representative will <br />discuss and give an answer to such Step 1 grievance within ten (10) calendar days <br />after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be <br />placed in writing, setting forth the nature of the grievance, the facts on which it is <br />based, the provision or provisions of the AGREEMENT allegedly violated, the <br />remedy requested and shall be appealed to Step 2 within ten (10) calendar days <br />after receipt by the UNION of the EMPLOYER designated representative's final <br />answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION <br />within ten (10) calendar days shall be considered waived. <br />