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4.4The UNION agrees to indemnify and hold the EMPLOYER harmless against any <br />and all claims, suits, orders or judgments brought or issued against the City as a <br />result of any action taken or not taken by the City under the provisions of this <br />Article. <br /> <br />ARTICLE V – EMPLOYER <br /> SECURITY <br />The UNION agrees that during the life of this AGREEMENT, it will not cause, encourage, <br />participate in or support any strike, slow down, other interruption of or interference with <br />the normal functions of the EMPLOYER. <br />ARTICLE VI – EMPLOYER AUTHORITY <br />6.1 The EMPLOYER retains the full and unrestricted right to operate and manage all <br />manpower, facilities, and equipment; to establish functions and programs, to set <br />and amend budgets; to determine the utilization of technology; to establish and <br />modify the organizational structure; to select, direct and determine the number of <br />personnel; to establish work schedules; and to perform any inherent managerial <br />function not specifically limited by this AGREEMENT. <br />6.2 Any term and condition of employment not specifically established or modified by <br />this AGREEMENT shall remain solely within the discretion of the EMPLOYER to <br />modify, establish or eliminate. <br />ARTICLE VII – EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE <br />7.1 DEFINITION OF A GRIEVANCE – A grievance is defined as a dispute or <br />disagreement as to the interpretation or application of the specific terms and <br />conditions of this AGREEMENT. <br /> <br />7.2 UNION REPRESENTATIVES – The EMPLOYER will recognize representatives <br />designated by the UNION as the grievance representatives of the bargaining unit <br />having the duties and responsibilities established by this Article. The UNION shall <br />notify the EMPLOYER in writing of the names of such UNION representatives and <br />of their successors when so designated. <br /> <br />7.3 PROCESSING OF A GRIEVANCE - It is recognized and accepted by the UNION <br />and the EMPLOYER that the processing of grievances as hereinafter provided is <br />limited by the job duties and responsibilities of the employees and shall therefore <br />be accomplished during normal working hours only when consistent with such <br />employee duties and responsibilities. The aggrieved employee and the UNION <br />REPRESENTATIVE shall be allowed a reasonable amount of time without loss of <br />pay when a grievance is investigated and presented to the EMPLOYER during <br />normal working hours provided the employee and the UNION REPRESENTATIVE <br />have notified and received the approval of the designated supervisor who has <br />determined that such absence is reasonable and would not be detrimental to the <br />work programs of the EMPLOYER. <br /> 3 <br /> <br />