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2020-114 Resolution
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2020-114 Resolution
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12/3/2020 3:06:06 PM
Creation date
12/3/2020 3:03:13 PM
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North Olmsted Legislation
Legislation Number
2020-114
Legislation Date
12/1/2020
Year
2020
Legislation Title
Clerical CBA
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ARTICLE 30 CONFORMITY TO LAW <br />30.01 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 for any <br />such existing or future law shall not affect the validity ofthe surviving provisions. <br />30.02 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 />controlled by reason of the ('acts) renders any portion of this Agreement invalid or unenforceable, <br />such legislation or decision shall not affect the validity of the surviving provisions of this <br />Agreement, which shall remain in full force and effect as if such invalid provision(s) thereof had <br />not been included herein. In the event of an unlawful determination. the City and the t_Inion shall <br />meet within thirty (30) days for the purpose of negotiating a lawful alternative provision. <br />Nothing contained in this Article shall be constructed so as to diminish any right or benefit <br />negotiated by the parties and contained in this Agreement. <br />30.03 In the event any portion of this contract is invalidated through enactment of legislation, or <br />a determination by a court of final and competent.jurisdiction, upon written request by any party, <br />the parties shall meet at mutually agreeable gimes to modify any invalid provisions through good <br />faith negotiations. <br />ARTICLE, 31 TOTAI. AGREEMENT <br />31.01 This Agreement represents the entire agreement between the Employer and the Union <br />and unless specifically and expressly set forth in the express written provisions of this <br />Agreement, all rules, regulations, benefits and practices previously and presently in effect may <br />be modified and discontinued at the sole discretion of the Employer. <br />ARTICLE 32 OBLIGATION TO NEGOTIATE <br />32.01 The Employer and the Union 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 understandings and agreements arrived at by the parties after <br />the exercise of the right and opportunity are set forth in this Agreement. <br />32.02 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 the Agreement, even though such subjects or matters may not have been within the knowledge <br />or contemplation of either or both of the parties at the time they negotiated and signed this <br />Agreement. <br />32.03 Only upon mutual agreement of the parties may any provisions of this Agreement be <br />renegotiated during its term. <br />23 <br />
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