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2 <br /> <br />224223v3 <br />3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which employee <br />remains on continual duty and is responsible for assigned duties. <br />3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the <br />employee remains on continual duty and is responsible for assigned duties. <br />3.12 PROBATIONARY PERIOD: A one year period form date of hire or promotion. <br /> <br />ARTICLE 4 EMPLOYER AUTHORITY <br /> <br />4.1 The EMPLOYER retains the full and unrestricted right to operate and manage all <br />manpower facilities, and equipment; to establish functions and programs; to set and <br />amend budgets; to determine the utilization of technology; to establish and modify the <br />organizational structure; to select, direct, and determine the number of personnel; to <br />establish work schedules, and to perform any inherent managerial function not <br />specifically limited by this AGREEMENT. <br />4.2 Any term and condition of employment not specifically established or modified by this <br />AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, <br />establish, or eliminate. <br /> <br />ARTICLE 5 UNION SECURITY <br /> <br />5.1 The EMPLOYER shall deduct from the wages of employees who authorize such a <br />deduction in writing an amount necessary to cover monthly union dues. Such monies <br />shall be remitted as directed by the UNION. <br />5.2 The UNION may designate employees from the bargaining unit to act as a steward and <br />an alternate and shall inform the EMPLOYER in writing of such choice and changes in <br />the position of steward and/or alternate. <br />5.3 The EMPLOYER shall make space available on the employee bulletin board for posting <br />UNION notice(s) and announcement(s). <br />5.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all <br />claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result <br />of any action taken or not taken by the EMPLOYER under the provisions of this Article. <br /> <br />ARTICLE 6 EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE <br /> <br />6.1 DEFINITION OF GRIEVANCE <br /> A grievance is defined as a dispute or disagreement as to the interpretation or application <br />of the specific terms and conditions of this AGREEMENT. <br />6.2 UNION REPRESENTATIVES <br /> The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the <br />grievance representatives of the bargaining unit having the duties and responsibilities <br />established by this Article. The UNION shall notify the EMPLOYER in writing of the <br />names of such UNION REPRESENTATIVES and of their successors when so <br />designated as provided by Section 6.2 of this AGREEMENT. <br />6.3 PROCESSING A GRIEVANCE <br /> It is recognized and accepted by the UNION and the EMPLOYER that the processing of <br />grievances as hereinafter provided is limited by the job duties and responsibilities of the <br />employees and shall therefore be accomplished during normal work hours only when