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760 — Probation <br />3.4 When provided with a "voluntary check -off" authorization in the form furnished by the Union and signed <br />by the employee, the Employer agrees to deduct from that employee's pay, the Union's applicable dues <br />and/or service fees, as prescribed in the "voluntary check -off" form. The full amount of money so deducted <br />from the employee shall be promptly forwarded to the Union by check along with an alphabetized list <br />showing names 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 honorthe <br />request and stop the deduction atthe 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 Article. <br />ARTICLE 4 — MANAGEMENT RIGHTS <br />4A The Union recognizes the prerogative of the Employer to operate and manage the affairs of the <br />Misdemeanant Probation and Juvenile Court Services in accordance with the responsibilities of said <br />Department, lawful 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 <br />to 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 <br />deemed 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 foregoing Employer prerogatives shall not be deemed to be exclusive of other Employer prerogatives <br />which are not specifically referenced herein above. <br />4.4 Past Practices: If the Employer desires to change a 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), <br />to the Union and shall provide the Union with an opportunity to negotiate the Employer's proposed <br />change to 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 <br />of such rules. <br />