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2009-117 Resolution
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2009-117 Resolution
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1/16/2014 10:56:07 AM
Creation date
1/15/2014 3:38:46 AM
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North Olmsted Legislation
Legislation Number
2009-117
Legislation Date
10/21/2009
Year
2009
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46.01 The Employer and the Union aclalowledge 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 understandings and agreements arrived at by the parties after <br />the exercise of that right and opportunity are set forth in this Agreement. <br />46.02 Therefore, for the life of this Agreement, the Employer and the Union each voluntarily <br />and unqualifiedly waives the right, and each agrees that the other shall not be obligated to <br />negotiate collectively with respect to any subject or matter not specifically referred to or covered <br />in this Agreement, even though such subjects or matters may not have been within the <br />la7owledge or contemplation of either or both of the parties at the time they negotiated and <br />signed this Agreement. <br />46.03 Only upon mutual agreement of the parties may any provision of this Agreement be <br />renegotiated during its term. <br />ARTICLE 47 TOTAL AGREEMENT <br />47.01 This Agreement represents the entire agreement between the Employer and the Union and <br />unless specifically and expressly set forth in the express written provisions of this Agreement, all <br />rules, regulations, benefits and practices previously and presently in effect may be modified and <br />discontinued at the sole discretion of the Employer, without any such modifications or <br />discontinuances being subject to any grievance or appeal procedure herein contained. <br />ARTICLE 48 CONFORMITY TO LAW <br />48.01 This Agreement shall be subject to and subordinated to any applicable present and future <br />federal and state la~~s, and the invalidity of airy provisions of this Agreement by reason of any <br />such existing or future law shall not effect the validity of the surviving provisions. <br />48.02 If the Enactment of legislation, or a determination by a court of final and competent <br />jurisdiction (whether in a proceeding between the parties or in one not between the parties but <br />controlling by reason of the facts) renders any portion of this Agreement invalid of <br />unenforceable, such legislation or decision shall not effect the validity of the surviving <br />provisions of this Agreement, which shall remain in full force and effect as if such invalid <br />provision(s) thereof had not been included herein. <br />ARTICLE 49 DURATION <br />49.01 This Agreement shall become effective on July 1, 2009, and shall continue in full force <br />and effect until midnight on June 30, 2012, and thereafter from year to year unless at least one <br />hundred and twenty (120) days prior to said expiration date, or any aiuziversary thereof, either <br />party gives timely written notice of an intention to reopen negotiations, an initial conference will <br />29 <br />_ ....«... ~m <br />
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