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<br />3 <br /> <br />allow the Association the opportunity to discuss options to disregarding the <br />MOU, in accordance with MOU section 3.43.6. <br /> <br />2.3 Transfer as Accommodation <br /> <br />Pursuant to the interactive process, if an employee with a qualifying disability can <br />no longer perform the essential functions of their position even with reasonable <br />accommodation, with the approval of the Human Resources Director, the <br />Department Head of the receiving department, and the employee concerned, an <br />employee may transfer to a vacant position in another class at the same or lower <br />salary range for which the Human Resources Director finds the employee <br />qualified, absent any undue burden on the City. Such transfer shall require the <br />service of a new probationary period. Credit for City service shall be granted in <br />computing vacation and sick leave accrual. <br /> <br />SECTION 3 – ASSOCIATION SECURITY <br /> <br />3.1 Employee Rights <br /> <br />The City and the Association recognize the right of employees to form, join and <br />participate in lawful activities of employee organizations and the equal, <br />alternative right of employees to refuse to form, join and participate in <br />employee organizations. Neither party shall discriminate against an employee <br />in the exercise of these alternative rights. <br /> <br />3.2 Dues Deduction <br /> <br />3.2.1 The Association may have the regular dues of its members deducted <br />from employees' paychecks under procedures prescribed by the City. <br />Dues deduction shall be made only upon certification from the <br />Association that an employee has authorized such deduction. After the <br />initial certification of dues deduction authorizations, the Association <br />will send a list of membership changes to the City, certifying that the <br />Association possesses and will maintain an authorization for dues <br />deductions signed by the individuals on the list from whose salary or <br />wages the deductions is to be made. <br /> <br />3.2.2 The City and the Association agree that such written certification is a <br />condition precedent to the City's obligation to begin a payroll <br />deduction. <br /> <br />3.2.3 Dues deduction shall continue until: (1) such certification is revoked, in <br />writing, by the Association; (2) the employee is transferred to a <br />6.A. - Page 14 of 99 <br />21