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FULL PACKET_2015-08-04
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FULL PACKET_2015-08-04
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7/21/2016 3:34:49 PM
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8/3/2015 9:58:41 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Date
8/4/2015
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EXHIBIT C (Continued) <br />Upon receipt of such list, the parties shall alternately strike names from the list until a single name <br />remains who shall become the mediator. The priority of striking names shall alternate from one parry <br />to the other each time impasse procedures are invoked by the same parties. The employee <br />organization or the City shall commence this process in an order determined by lot striking the first <br />name from such list of names in any initial mediation. <br />The cost of the mediator, if any, shall be shared equally by both parties. <br />If the parties have failed to resolve all their disputes through mediation within fifteen (15) days of <br />the mediator commenced meetings with the parties, the parties may agree to submit the issues in <br />dispute directly to the City Council. In that event, the City Council shall finally determine the issues <br />after conducting a public hearing thereon and after such further investigation of the relevant facts <br />as it may deem appropriate. <br />If the parties have exhausted the mediation process, the matter shall be submitted to the City <br />Council for resolution. <br />Section 20: Construction <br />This Resolution shall be administered and construed as follows: <br />Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, <br />or any authorized officer, body or other representative of the City, the rights, powers and authority <br />granted by Federal or State law or City Charter provisions, <br />Nothing in this Resolution shall be construed as making the provisions of California Labor Code <br />Section 923 applicable to City employees or employee organizations, or of giving employees or <br />employee organizations the right to participate in, support, cooperate or encourage, directly or <br />indirectly, any strike, slckout, other total or partial stoppage or slowdown of work or any other <br />interference with the conduct of the City's operations. <br />Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding <br />between any employee organization and the City in effect on the effective date of this Resolution. <br />All such agreements shall continue in effect for the duration of the term specified therein unless <br />modified or rescinded by mutual agreement of the parties thereto. <br />Whenever written notice is required by this Resolution, such notice shall deem to have been <br />received on the day immediately following the day on which it was mailed (excluding Saturdays, <br />Sundays, and holidays on which the offices of the City are closed) provided the same was sent by <br />first class or certified mail, postage prepaid to the City at 20 Civic Center Plaza, Santa Ana, <br />California 92701, or to any employee organization of its last address furnished to the City. <br />Section 21: Severobility <br />In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such <br />portion to any person or circumstance, shall be held invalid by a decision of any court of competent <br />jurisdiction, the remainder of this Resolution, or the application of such portion to persons or <br />circumsfances other than those as to which it is held invalid, shall not be affected thereby. The City <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU'. 2016-2017 Page 96 <br />25G -98 <br />
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