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27.3 All employees will have the opportunity to attend Phase 1, Phase 2 and Phase 3 training at the <br />Local Training Center. Prior approval must be received and money must be appropriated for the <br />Training in the Department's annual Budget. <br />ARTICLE XXVIII NON-DISCRIMINATION CLAUSE <br />28.1 The provisions of the Agreement shall be applied equally and without discrimination by the <br />EMPLOYER and the UNION to all EMPLOYEES regardless of race, color, creed, religion, <br />national origin, sex, marital status, status with regard to public assistance, disability or age. <br />ARTICLE XXIX WAIVER <br />29.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding <br />terms and conditions of employment, to the extent inconsistent with the provisions of this <br />Agreement, are hereby superseded. <br />29.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, <br />each had the unlimited right and opportunity to make demands and proposals with respect to any <br />terms or conditions of employment not removed by law from bargaining. All agreements and <br />understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated <br />duration of this Agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly <br />waives the right to meet and negotiate regarding any and all terms and conditions of employment <br />referred to or covered in this Agreement or with respect to any term or condition of employment <br />not specifically referred to or covered by this Agreement or with respect to any term or condition <br />of employment not specifically referred to or covered by this Agreement, even though such terms <br />or conditions may not have been within the knowledge or contemplation of either or both parties <br />at the time this contract was negotiated or executed. <br />ARTICLE XXX DURATION <br />30.1 This Agreement shall be effective retro back to January 1, 2012 and shall remain in full force and <br />effect until the 31st day of December, 2012, <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day <br />of , 2012. <br />FOR THE CITY OF ST. ANTHONY: FOR THE INTERNATIONAL UNION OF <br />OPERATING ENGINEERS, LOCAL 49, <br />AFL-CIO: <br />Mayor, Business Manager, <br />Jerome O. Faust Glen D. Johnson <br />City Manager, Area Business Representative, <br />Mark Casey Todd Doncavage <br />Steward, <br />Tom Owens <br />I1 <br />71 <br />