Respective Rights. 1. Both parties reserve their respective rights under the New Jersey Employer-Employee Relations Act ("the Act"), the rules and regulations of the Public Employment Relations Commission (P.E.R.C.), N.J.S.A. 40A et seq., and any other applicable law/regulations. 2. Notwithstanding any other provisions of this Agreement, the parties hereto recognize and agree that they separately maintain and reserve all rights to utilize those processes of P.E.R.C. or to seek judicial review of any and all claims or defenses in legal actions surrounding such proceedings as unfair labor practices, scope of negotiations, enforcement or modification of arbitration awards, issues of arbitrative ability, and specific performance of this Agreement or damages arising out of the breach thereof. 3. The provisions of this Agreement and the wages, hours, terms and conditions of employment shall be applied by the Borough and the PBA in a manner which is not arbitrary, capricious or discriminatory and without regard to race, creed, color, religion, national origin, age, sex or marital status. 4. Nothing contained herein shall be construed to deny any member of the negotiating unit rights he may have under the laws of the State of New Jersey or other applicable laws and regulations. 5. The Borough as managers reserve all rights, powers and authority customarily exercised except those items expressly covered in this agreement, subject to the retention of benefits clause and this article, and subject to the laws of the State of New Jersey.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Respective Rights. 1. Both parties reserve their respective rights under the New Jersey Employer-Employee Relations Act ("the Act"), the rules and regulations of the Public Employment Relations Commission (P.E.R.C.), N.J.S.A. 40A et seq., and any other applicable law/regulations.
2. Notwithstanding any other provisions of this Agreement, the parties hereto recognize and agree that they separately maintain and reserve all rights to utilize those processes of P.E.R.C. or to seek judicial review of any and all claims or defenses in legal actions surrounding such proceedings as unfair labor practices, scope of negotiations, enforcement or modification of arbitration awards, issues of arbitrative ability, and specific performance of this Agreement or damages arising ans1ng out of the breach thereof.
3. The provisions of this Agreement and the wages, hours, terms and conditions of employment shall be applied by the Borough and the PBA in a manner which is not arbitrary, capricious or discriminatory and without regard to race, creed, color, religion, national origin, age, sex or marital status.
4. Nothing contained herein shall be construed to deny any member of the negotiating unit rights he may have under the laws of the State of New Jersey or other applicable laws and regulations.
5. The Borough as managers reserve all rights, powers and authority customarily exercised except those items expressly covered in this agreement, subject to the retention of benefits clause and this article, and subject to the laws of the State of New Jersey.
Appears in 1 contract
Sources: Collective Bargaining Agreement