SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME (1989-1991)

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to the employee and/or the employee's designated representative within ten (10) working days after said meeting. B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager of his or her designated representative within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his designated representative to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the disposition made at the Second Step. The City Manager or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered, in writing, to the employee and/or the employee's designated representative within fifteen (15) working days after said meeting. A copy of the written grievance to the City Manager, or his duly authorized representative, and of the City Manager's or his representative's written decision shall be filed in the Personnel Records of the department and the grievant's personnel jacket maintained in the City Personnel Services Department. Section 5. Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. ARTICLE 8. DUES DEDUCTION AND INDEMNIFICATION Section 1. Dues Deduction. The City shall deduct dues, on a regular basis from the pay of all employees recognized to be represented by the Union, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Union within thirty (30) days following their deduction. Section 2. Indemnification. The Union agrees to hold the City harmless and indemnify the City against any claims, causes of actions or lawsuits instituted by a member or members of the Union arising out of the deductions or the transmittal of such funds to the Union, except the intentional failure of the City to transmit, to the Union, monies deducted from the employees pursuant to this Article. ARTICLE 9. CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of Management, as they arc not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. 5