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<br />6.10 <br />Page 9 <br /> <br />SECTION 2 - EEOI AA <br /> <br />2.1 Discrimination <br /> <br />There shall be no discrimination because of race, creed, color, national origin, <br />sex, handicap (unless that handicap prevents the person from meeting the <br />minimum standards established for the relevant classification), or legitimate <br />employee organization activities against any employee or applicant for <br />employment by the Union or by the City or by anyone employed by the City; <br />and to the extent prohibited by applicable state and federal law, there shall be <br />no discrimination because of age. <br /> <br />2.2 Americans with Disability Act <br /> <br />The City and the Union agree to abide by the provisions of the Americans With <br />Disabilities Act (ADA). Should the City need to change .any current practice or <br />policy to comply with the provisions of the ADA, the City shall provide the Union <br />with advance notification per Section 3.4 of the MOU. Such notification shall be <br />accompanied by appropriate legal memoranda and supporting legal <br />documentation stating the basis necessitating the change. <br /> <br />SECTION 3 - UNION SECURITY <br /> <br />3.1 Agency Fee <br /> <br />3.1.1 Employee Rights <br /> <br />3.1.1.1 <br /> <br />The City and the Union recognize the right of <br />employees to form, join and participate in lawful <br />activities of employee organizations and the equal, <br />alternative right of employees to refuse to form, join <br />and participate in employee organizations. Neither <br />party shall discriminate against an employee in the <br />exercise of these alternative rights. <br /> <br />3.1.1.2 <br /> <br />Accordingly, membership in the Union shall not be <br />compulsory. An employee has the right to choose, <br />either: to become a member of the Union; or, to pay <br />to the Union a fee for representation services; or, to <br />refrain from either of the above courses of action <br />upon the grounds set forth in Section 3.1.6.1 below. <br /> <br />2 <br />