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ARTICLE XXVIH
<br /> 28.1 Any and ail pirlor agree gents, resol-ution , practices,policie , rules and regulations
<br /> regarding terms and c*3ond.Itlons of employment, to the extent inconsistent with
<br /> the provision 'of this AGREEMENT, are hereby s. persede>d.
<br /> 28.2 The parties mutually acknowledge that during the negotiiation Which resulted � this
<br /> AGREEMENT, each had the unlimited right and opportunity to make demands iand
<br /> pr po i w[it,)rwespect to any term or c-Ondition of en'jpioyrnent not:removed l y law h-on1
<br /> bargaining,All greeme its and Linder tar tlr�� ��r`ruiv���t' at by the pad"des��r r� et forth i
<br /> writing in this AGREfp ME NT for the s0j.—Iulated turzilon of this AGREEMENT,: The,
<br /> l and .rn ualif e waives the right t meet
<br /> EMPLOYER a�r��t t,'k t.Nl��� �cl �� lurt�ri y � tly
<br /> and negotiate regarding any and all terms and conditions of ernplayrne.nt.referred to or
<br /> covered in this AGREEMENT, or with respect to any terra or condition of mpioym nt
<br /> not specifically referred to or covered by this AGREEMENT, overt thhough such,terms,or
<br /> conditions may not have been within the .noWedge or contemplation of either or both
<br /> parties at the time this contract was negotiated or executed.
<br /> w CLE,X
<br /> The EMPLOYER and the UNION agree that an amount designated herein that would otherwise
<br /> be paid ire al y or wages wyli be contributed *[Instead to the Cantr'al ren ion Fund (CPF) ,as.
<br /> pretax°employer contr ib t.iori pension o � F � �.� l roar will t��;�
<br /> �,'
<br /> A orilribution���f nirIr-ty-six r:�e"It.s , . 6
<br /> made for each employee,:for o maximutl7 of two thaus�r d eighty fi¢��fr ( 8 )Pf f C ler)(tal"yOM.
<br /> The,hourly contributlon rate will be appliiled to ewilly ��m hour r-tts-d�d i.e 11 ur worked, PTO,p
<br /> and holiday's except, for over lime hours worked. The EMPLOYER shall deduct seventy-six
<br /> dollars and eighty cents($76. every eight(80) hour pay period.
<br /> Th.e EMPLOY5.,R shall pay °this contribution directly to the IUDE Central Pension Fund. The
<br /> UNION agrees to unde niify and held the EMPLOYER, its Officers, Agents, and employees
<br /> harmless against ally clairns, suits, orders or judgments, brought against the EMPLOYER as a
<br /> result of any action taken or not taken'by,the EMPLOYER on the specific provisions of this Article.
<br /> `h;i "hold harmless" 'cl ruse does, not hold the EMPLOYER harmless for failing to transfer the
<br /> agreed contributions to the IUOE Central Pension Fund.
<br /> it is agreed that for purposes of determining futuire wage.rates,the EMPLOYER shall.first.restare.
<br /> the amount of the wage reduction, which is currently the CIP'F contribution,rate of'$01.9 per-hour,.
<br /> then apply the pplicaWe wage Multiplier,then rit;lxluc�e tl e�re-V115 $d wage by the.CPF ci nWhution
<br /> rate.it is further agreed that,for,purposes of cal"Ail-36119 -v, trr°r��compensation:l,l� EWIL YER
<br /> shall first restore the ar ourlt of the wage reductiom 50.9 l�r: then apply tl��� �tNrpiic�bl�� �,5 or
<br /> 2.0 wage multiplier required under the Fair Labor Standards Act and the collective bargaining
<br /> agreement,then pay the resulting amount for overtime worked.
<br /> The coint6butior of $0.96 per t our prevents are employee's annual] CPF contribufions from
<br /> exceeding 2, 0 �, 0 in a year end th refo�e ompHes with)tini Cations set:forth under Mi.r�ne ota
<br /> Statute §356.24, sub. 1( as arn ended in 2002,, The, CPF 1"llan of Benefits and the Agreement
<br /> and Declaration of 'Trust will serve as the governing documents. The CPF is a supplemental
<br /> Pension Fund authorized by Minnesota Statutes,356.24, subdivision 1(9).
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