AgdaPkt 2016-12-12 Closed and Joint SA PFA

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6.3.E. - Page 54 22.3,5 Such time demands as would render performance of his or her duties as a City employee less efficient. 22.4 Any unit member who is determined to have engaged in an activity prohibited by or in violation of this Article 22 shall be subject to disciplinary action including, without limitation, suspension or termination. The unit member shall receive notice of the proposed discipline and shall have the right to appeal through the Grievance Procedure contained in this Memorandum. ARTICLE 23 TEMPORARY WORKERS When there is full-time or part-time work to be performed on a temporary or groiect basis. the City may employ non - represented temporary workers on a contract basis. Where the scooe of work includes duties customarily performed by Association workers, such appointments shall not exceed two (2) years in duration except by mutual agreement. At the Association's request, the Citv shall supply the Association with the names and classifications of all contract workers assigned to classifications covered by this aqreement. Such information shall be made available on a. quarterly basis. ARTICLE 2324 SEPARABILITY OF PROVISIONS 2324.1 Should any article, clause or provision of this Memorandum of Understanding be declared illegal by a final J udgment of a court of competent jurisdiction, the judgment shall not invalidate the remaining portions of the Memorandum of Understanding, which shall remain in full force and effect for the duration of this agreement. 2324,2 If the judgment of a court of competent jurisdiction invalidates any portion of this agreement, the parties agree to meet and confer concerning substitute provisions for those rendered or declared illegal. ARTICLE 2425 ENTIRE AGREEMENT The parties acknowledge that during the meetings which preceded this MOU, each had the unlimited right and opportunity to make proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU. Therefore, for the life of this MOU, the City and the Association voluntarily and unqualifiedly waive the rights and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter covered in this MOU. Nothing in the foregoing shall prevent the parties to this agreement from meeting and conferring during the term of this MOU in matters of mutual concern. Such meeting -and -conferring shall be established and continued by mutual consent only. If, after meeting and conferring between the management representatives and the majority employee representatives, no agreement has been reached, such items under discussion shall remain unchanged. 31