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01/10/2011 <br /> SECTION 2 — EEO /AA <br /> 2.1 Discrimination <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 /> 2.2 Americans with Disabilities Act <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 /> SECTION 3 — UNION SECURITY <br /> 3.1 Agency Fee <br /> 3.1.1 Employee Rights <br /> 3.1.1.1 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 /> 3.1.1.2 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 /> 2 <br /> Page 8 #15077 <br /> MUFF # 905 <br />