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2020-153 Resolution
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2020-153 Resolution
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1/6/2021 3:51:47 PM
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North Olmsted Legislation
Legislation Number
2020-153
Legislation Date
12/22/2020
Year
2020
Legislation Title
Correction Officer CBA
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ARTICLE 33 OBLIGATION] 0 Nf GO'l LATE <br />33.01 The Employer and the FOP acknowledge that durinU ncuotiations 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 />bar,-ainino negotiations and that the understandings and agreements arrived at by the parties after <br />the exercise ofthat right and opportunity are set forth in this Agreement. <br />33.02 Thcrcfore. for the life ofthis A,_,rcement, the Lmployer 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 an}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 />33.03 Only upon mutual agreement of the parties may any provision of this Agreement be <br />renegotiated during its tern. <br />ARTICLE; 34 CONI 0RMITY '10 LAW <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 Agreemcnt by reason of any <br />such existing or future law shall not affect the validity of the surviving provisions. <br />34.02 If the Enactment of legislation, or a determination by a court of final and competent <br />jurisdiction (vvhethcr in a procccding between the parties or in one not between the parties but <br />controlling by reason of'thc facts) renders any portion of this Agreement invalid or <br />unenforceable, such legislation or decision shall not affect the validity of the surviving <br />provisions of this agreement, vwhich shall remain in full force and effect as if'such invalid <br />provision(s) thereof had not been included herein. <br />ARTIC'I.E 35 TOTAL. AGRF1:MI NT <br />35.01 ']'his Agreement represents the entire agreement between the Employer and the 1:01" and <br />unless specifically and expressly set forth in the express written provisions ofthis Agreement, all <br />rules, regulations, henefits 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 diSCoitinUances. Any claimed violation of this paragraph may be subject to the <br />Grievance Procedure of this Agreement <br />AR'T'ICLE 36 DURATION <br />24 <br />
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