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The Association recognizes that the City has the legal obligation to meet with the <br />individual employee to be accommodated before any adjustment is made in <br />working conditions. The Association will be notified of these proposed <br />accommodations prior to implementation by the City. <br />Any accommodation provided to an individual protected by the ADA shall not <br />establish a past practice in the grievance/arbitration procedure. <br />Prior to disregarding any provision of this MOU in order to undertake required <br />accommodations for an individual protected by the Act, the City will provide the <br />Association with written notice of its intent to disregard the provision and will <br />allow the Association the opportunity to discuss options to disregarding the MOU. <br />SECTION 3 - ASSOCIATION SECURITY <br />3.1 Dues Deductions <br />The Association may have the regular dues of its members deducted from the <br />employees' paychecks; provided, however, that such dues deduction shall be made <br />only upon the written authorization of the individual employee. <br />Payroll deductions shall be for an amount specified by the Association and <br />uniform as between employee members of the Association, and shall not include <br />fines or fees. <br />Authorization, cancellation or modification of payroll deduction shall be made <br />upon forms provided by the City. The voluntary payroll deduction authorization <br />will remain in effect until employment with the City is terminated or until <br />canceled or modified by the employee by thirty (30) days advance written notice <br />to the City. <br />Amounts deducted and withheld by the City shall be transmitted to the officer <br />designated in writing by the Association as the person authorized to receive such <br />funds, at the address specified. <br />The employee's earnings must be sufficient, after all other required deductions are <br />made, to cover the amount of the deductions herein authorized. When an <br />employee is in a non -pay status for an entire pay period, no deductions will be <br />made to cover that pay period. In the case of an employee who is in a non -pay <br />status during a part of the pay period, and the salary is not sufficient to cover the <br />full withholding, no deduction shall be made. In this connection, all required <br />deductions have priority over the Association deduction. <br />The Association hereby agrees to indemnify, defend and hold the City harmless <br />against any claim made and against any suit initiated against the City on account <br />of checkoff of Association dues. In addition, the Association shall refund to the <br />City any amount paid to it in error upon presentation of supporting evidence. <br />