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2018-084 Resolution
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2018-084 Resolution
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9/24/2018 2:36:52 PM
Creation date
9/24/2018 2:29:52 PM
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North Olmsted Legislation
Legislation Number
2018-084
Legislation Date
9/18/2018
Year
2018
Legislation Title
FOP CBA
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ARTICLE XXXIV OBLIGATION TO NEGOTIATE <br />34.01 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 ofcollective <br />bargain inghlegotiations 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 />34.02 "therefore, for the life of this Agreement, the Employer and the FOP each voluntarily and <br />unqualifiedly 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 specifically 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 />34.03 Only upon mutual agreement of the parties may any provision of this Agreement be <br />renegotiated during its term. <br />ARTICLE XXXV CONFORMITY TO LAW <br />35.01 ']'his 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 />35.02 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 or <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 XXXVI TOTAL, AGREEMENT <br />36.01 This Agreement represents the entire agreement between the Employer and the FOP 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 discretion of the Employer, upon the advance notice to the FOP of any such <br />modifications or discontinuances. Any claimed violation of this paragraph may be subject to the <br />Grievance Procedure of this Agreement. <br />ARTICLE' XXXVII DURATION <br />37.01 This Agreement shall be effective as of.lanuary I, 2018 and remain in full force and <br />effective until December 31, 2020, and from year to year thereafter, unless at least ninety (90) <br />days prior to that expiration date, or any anniversary date thereto either party provides written <br />notice to the other of any intent to modify or terminate this Agreement. <br />24 <br />
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