2009-118 Resolution - Laserfiche WebLink

Home Browse Search

31.07 Upon completion of the program and retest that demonstrates that the employee is no longer illegally using a controlled substance, the employee shall be retuned to his position. Such employee ma}~ be subject to periodic retesting at the Employer's discretion, upon return to his position for a period of two (2) years from the date of his return. 31.08 Any employee in the above mentioned rehabilitation program will not lose any seniorit}~ should it be necessary that he be required to take an unpaid medical leave of absence. ARTICLE 32 GENDER AND PLURAL 32.01 Whenever the context so requires, the use of words herein, in the singular, shall be construed to include the plural, and words in the plural, the singular, and words whether in the masculine, feminine or neuter gender shall be construed to include all of said genders. By the use of either the masculine or feminine genders it is understood that said use is for convenience purposes only and is not to be interpreted to be discriminatory by reason of sex. ARTICLE 33 OBLIGATION TO NEGOTIATE 33.01 The Employer and the FOP aclc~lowledge that during negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining/negotiations and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. 33.02 Therefore, for the life of this Agreement, the Employer and the FOP each voluntarily aid unqualifiedly waives the right, and each agrees that the other shall not be obligated to negotiate collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the lalowledge or contemplation of either or both of the parties at the time they negotiated and signed this Agreement. 33.03 Only upon mutual agreement of the parties may any provision of this Agreement be renegotiated during its term. ARTICLE 34 CONFORMITY TO LAW 34.01 This Agreement shall be subject to and subordinated to any applicable present and firture federal and state laws, and the invalidity of any provisions of this Agreement by reason of any such existing or future law shall not effect the validity of the surviving provisions. 34.02 If the Enactment of legislation, or a determination by a court of final and competent jurisdiction (whether in a proceeding between the parties or in one not between the parties but controlling by reason of the facts) renders any portion of this Agreement invalid or unenforceable, such legislation or decision shall not effect the validity of the surviving provisions of this agreement, which shall remain in full force and effect as if such invalid provision(s) thereof had not been included herein. ARTICLE 35 TOTAL AGREEMENT 35.01 This Agreement represents the entire agreement between the Employer and the FOP and unless specifically and expressly set forth in the express written provisions of this Agreement. all rules, regulations, benefits and practices previously and presently in effect may be modified and 21