Agda Pkt 2024.11.25. Joint SA PFA

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2 conditions of employment are administered in a manner designed to ensure that employees and applicants for employment or services are not subjected to discrimination on the basis of age (40 and over), race, color, sex, national origin, medical condition, disability, sexual orientation, marital status, religious or political preference, union affiliations, or any other basis protected by applicable federal, state and local laws. Complaints of discrimination based on a legally-protected classification shall not be subject to the grievance procedure in this MOU. See the City’s Policy on Harassment, Discrimination, and Retaliation for the City’s internal Complaint Procedure. 2.2 Americans With Disabilities Act (ADA) Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case- by-case basis, the parties agree that the provisions of this MOU may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and conditions of employment. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Subject to the employee’s written consent, the Association will be notified of these proposed accommodations prior to implementation by the City. Any accommodation provided to an individual protected by the ADA shall not establish a past practice in the grievance/arbitration procedure. Prior to disregarding any provision of this MOU in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to disregard the provision and will allow the Association the opportunity to discuss options to disregarding the MOU. SECTION 3 - ASSOCIATION SECURITY 3.1 Dues Deductions 3.1.1 General All employees within the bargaining unit represented by the Association may voluntarily join the Association and pay membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter “payroll deductions”) as determined by the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their 6.I. - Page 14 of 84 244