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2008-043 Resolution
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2008-043 Resolution
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Last modified
1/9/2014 4:05:33 PM
Creation date
12/30/2013 8:47:30 AM
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North Olmsted Legislation
Legislation Number
2008-043
Legislation Date
5/5/2008
Year
2008
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? <br />ARTICLE32 GENDER AND PLURAL <br />-32.0l Whenever the context so requires, the use of words herein, in the singulas-, shall be <br />construed to include the plural., and words in the plural, the singular, and words whether in the <br />masculizie, feminine or neuter geilder shall be construed to include all of said genders. By fl1e <br />use of either the inasculine or feminine genders it is understood that said use is for convenience <br />purposes only and is not to be interpreted to be discriminatory by reason of sex. <br />ARTICLE 33 OBLIGATION TO NEGOTIATE <br />33.01 The Employer and the FOP acknowledge that during negotiations which preceded this <br />Agreement, each had the unlimited right and opportunity to make demands and proposals with <br />respect to any subject or matter not removed by law from the area of collective <br />bargaining/negotiations and that the understaildings and agreements arrived at by the parties aftel- <br />the exercise of that right and opportunity are set forth in this Agreeinent. <br />33.02 Therefore, for the life of this Agreement, the Employer and the FOP each voluntarily and <br />uuzqualifiedly waives the right, and each agrees that the other shall not be obligated to negotiate <br />collectively with respect to any subject or matter referred to, or covered in this Agreement, or <br />with respect to any subject or matter not specificaily referred to or covered in this Agreement, <br />even though such subjects or matters may not have been within the knowledge or contemplation <br />of either or both of the parties at the time they negotiated and signed this Agreement. <br />33.03 Only upon mtrtual agreement of the parties may any provision of tlus Agreeinent be <br />renegotiated during its term. <br />ARTICLE 34 CONFORMITY TO LA W <br />34.01 This Agreement shall be subject to and subordinated to any applicable present and future <br />federal and state laws, and the invalidity of any provisions of this Agreement by reason of any <br />such existing or future law shall not effect the validity of the surviving provisions. <br />34.02 If the Enactment of Iegislation, or a determulation by a court of final and competeilt <br />jurisdiction (whether in a proceeding between the parties or in one not between the parties but <br />controlling by reason of tlle facts) renders any portion of this Agreement invalid or <br />unenforceable, such legislation or decisioil shail not effect the validity of the surviving <br />provisioizs of this agreement, which sha11 remain in full force and effect as if such invalid <br />provisioil(s) thereof had not been included herein. <br />ARTICLE 35 TOTAL AGREEMEN7' <br />35.01 This Agreement represents the entire agreeinent between the Employer and the FOP and <br />tulless specifically and expressly set forth in the express written provisions of tlus Agreeinent, all <br />rules, regulations, benefts and practices previously and presently ii1 effect may be modified aild <br />discontinued at the discretiozl of the Employer, upon the advanee notice to the FOP of aily such <br />modifications or discontinuances. Any claiined violation of this pal-agraph niay be subject to the <br />Grievance Procedure of this Agreement. <br />21
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