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4 224195v1 <br /> <br />3.14 Years of Service: is the based on the date of hire or adjusted date of hire. It is calculated as <br />follows first year of service is from date of hire to first anniversary. Example 5th year of service equals 4th <br />anniversary date plus 1 day thru the 5th anniversary date. <br /> <br />3.15 Other Terms: Terms not defined in this Agreement shall have those meanings as defined by the <br />P.E.L.R.A. <br /> <br />ARTICLE 4 <br />EMPLOYER RIGHTS <br /> <br />4.01 Inherent Managerial Rights: The Union recognizes that the Employer is not required to meet <br />and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of <br />discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, <br />the organizational structure and selection and direction and number of personnel, and all management rights <br />and management functions not expressly delegated in this Agreement are reserved to the Employer. <br />4.02 Management Responsibilities: The union recognizes the right and obligation of the Employer to <br />efficiently manage and conduct the operation of the City of Orono within its legal limitations and with its primary <br />obligation to provide citizens of Orono services. <br />4.03 Effect of Laws, Rules and Regulations: The parties recognize that all Employees covered <br />by this Agreement shall perform the services and duties prescribed by the Employer rules, regulations, <br />directives, and orders issued by properly designated officials of the Employer, insofar as such rules, <br />regulations, directives, and orders are not inconsistent with the terms of this Agreement and recognizes that <br />the Employer, all Employees covered by this Agreement, and all provisions of this Agreement are subject to <br />the laws of the State. <br />4.04 Employer Security: The Union agrees that during the life of this Agreement neither the Union, <br />its officers or agents, nor any of the Employees covered by this Agreement, will engage in, encourage, <br />participate in, or support any strike, sympathy strike, slowdown, or other interruption of or interference with <br />the normal functions of the Employer, except as specifically allowed by Public Employment Labor Relations <br />Act of 1971, as amended. <br /> <br />ARTICLE 5 <br />UNION SECURITY <br /> <br />5.01 Right to Dues Check-Off: Employees shall have the right to dues check-off to the union, provided <br />that dues check-off and the proceeds thereof shall not be allowed any organization that has lost its right to <br />dues check-off. <br /> <br />5.02 Procedure: The Employer shall deduct an amount sufficient to provide the payment of regular <br />dues and/or other union approved deductions established by the Union, from the wages of Employees. <br />Employees shall provide authorization, in writing, of such deduction on a form mutually agreed upon by the <br />Employer and the Union. The deduction of dues shall commence 30 working days after initial employment <br />with the Employer. <br /> <br />The Employer shall remit monthly such deduction to OPEIU Local 12, (2277 Hwy 36 W, Suite 301, Roseville, <br />MN 55113-3830) with a list of the names of the Employees from whose wages deductions were made, along <br />with pertinent Employee information necessary for the collection and administration of union dues, preferably <br />in an Excel formatted report that may be electronically transmitted. The Union shall certify to the Employer, in <br />writing, the current amount of regular dues to be withheld. The Union shall provide the formula to calculate <br />the actual dues deduction to the Employer. <br /> <br />5.03 Fair Share Fee: The Union shall collect a Fair Share Fee, in an amount determined by the Union, <br />from bargaining unit members who choose not to become members of the Union. However, any such fees so <br />collected by the Union shall be accomplished in accordance with the applicable terms of Minn. Stat. Sect. <br />179A.06 Subd.3. <br />