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<br />2 <br /> <br />Discrimination, and Retaliation, as periodically amended, for the City’s internal Complaint <br />Procedure. <br /> <br />2.2 Americans With Disabilities Act (ADA) <br /> <br />Because the ADA requires accommodations for individuals protected under the Act, and <br />because these accommodations must be determined on an individual, case-by-case basis, <br />the parties agree that the provisions of this MOU may be disregarded in order for the City <br />to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, <br />reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, <br />fringe benefits, training opportunities, hours of work or other terms and conditions of <br />employment. <br /> <br />The Association recognizes that the City has the legal obligation to meet with the individual <br />employee to be accommodated before any adjustment is made in working conditions. <br />Subject to the employee’s written consent, the Association will be notified of these <br />proposed accommodations prior to implementation by the City. <br /> <br />Any accommodation provided to an individual protected by the ADA shall not establish a <br />past practice in the grievance/arbitration procedure. <br /> <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 allow the <br />Association the opportunity to discuss options to disregarding the MOU. <br /> <br />SECTION 3 - ASSOCIATION SECURITY <br /> <br />3.1 Dues Deductions <br /> <br />All employees within the bargaining unit represented by the Association may voluntarily <br />join the association and pay membership dues, initiation fees, and general assessments, as <br />well as payment of any other membership benefit program sponsored by the organization <br />(hereinafter “payroll deductions”) as determined by the Association. <br /> <br />It shall be the responsibility of the Association to maintain a record of employees who have <br />given their written consent to join and pay dues to the Association. The Association shall <br />annually certify to the City the amount of such payroll deductions to be deducted. If a <br />deduction amount changes mid-year, the Association shall certify to the City the new <br />amount prior to the City’s implementation of the change. <br /> <br />The City agrees to deduct the periodic payroll deductions from the paycheck of each <br />employee who voluntarily executes a valid authorization form as certified by the <br />Association. The City will implement the deduction in the first full pay period following <br />the date the Association certifies to the City that it has and will maintain the individual <br />employee’s authorization for such deduction. All sums deducted by the City shall be <br />remitted to the Association within one (1) month after such deductions are made. <br /> <br />If an employee member in the bargaining unit desires to revoke, cancel or change prior <br />dues deduction authorization, the City shall direct the employee member to the <br />Association. If the employee then revokes, cancels or changes their dues deduction <br />6.H. - Page 10 of 72 <br />352