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3.4.When provided with a "voluntary check off" authorization in the form furnished by the Union and signed by <br />the employee, the Employer agrees to deduct from that employee's pay the Union's applicable dues and/or <br />service fees, as prescribed in the "voluntary check off" form. The full amount of money so deducted from the <br />employee shall be promptly forwarded to the Union by check along with an alphabetized list showing names <br />and amounts deducted from each employee. <br />3.4.1. Should the Employer receive written notice from the employee or the exclusive bargaining <br />representative to stop deducting dues and/or applicable service fees, the Employer will honor the <br />request and stop the deduction at the next available payroll cycle. The Union agrees to defend and <br />hold the Employer harmless from and against any and all claims, demands, lawsuits, orders, or <br />judgments arising from the administration and effects of this Section. <br />ARTICLE 4 MANAGEMENT RIGHTS <br />4.1.The Union recognizes the prerogative of the Employer to operate and manage the affairs of Misdemeanant <br />Probation and Juvenile Court Services in accordance with the responsibilities of said Department, lawful <br />powers, and legal authority. <br />4.2.Except as otherwise provided in this Agreement, the affairs/prerogatives of the Employer shall include but <br />not be limited to the following: <br />a. The right to establish lawful working rules and procedures; <br />b. The right to schedule work and overtime work, and the methods and processes by which said work is to <br />be performed consistent with the Employer's obligations to the public; <br />c. The right to hire, transfer, suspend, discharge, lay off, recall, promote, or discipline employees as deemed <br />necessary by the Employer; <br />d. The right to determine the size and composition of the work force and to assign employees to work <br />locations and shifts; <br />e. The right to determine what duties shall be performed by various personnel; <br />4.3.The parties understand that incidental duties connected with operations, not enumerated in job descriptions, <br />shall nevertheless be performed by the employees when requested by the Employer. <br />4.4.The foregoing Employer prerogatives shall not be deemed to be exclusive of other Employer prerogatives, <br />which are not specifically referenced hereinabove. <br />4.5.Past Practices: If the Employer chooses to change past practice, the Employer shall provide thirty (30) <br />calendar days notification, except in the event of an emergency (in which case practical notice is advised), to <br />the Union and shall provide the Union with an opportunity to negotiate the Employer's proposed change to <br />past practice. The notification and opportunity to negotiate shall not impede or affect the Employer's right <br />to change past practice. Should the parties not reach agreement the Union recognizes the right of the <br />Employer to change past practice without further negotiation. <br />ARTICLE 5 UNION RIGHTS <br />5.1.The Union does not waive its rights under applicable State or Federal law except as those rights are waived, <br />affected, or set forth within the terms and conditions of the Collective Bargaining Agreement. <br />5.2.While the Employer may establish work rules, the Union reserves the right to grieve the reasonableness of <br />such rules. <br />-3-