The Employer and the. Union may by mutual consent, substantiated in writing, elect to appoint a named umpire in lieu of the Board of Arbitration provided for herein. This election may be made whether or not an Arbitration Board has been constituted under the provisions of this Agreement, provided such election is made prior to the Arbitration Board hearing. Such named umpire shall possess the same powers and be subject to the same limitations as a Board of Arbitration appointed under the Agreement. The President of the Union and the Director of Human Resources shall choose the umpire.
The Employer and the. Guild acknowledge that the Employer has a legitimate interest in maintaining proper staffing levels for public safety purposes, and that employees have a legitimate interest in taking their time off at times convenient to them. The Employer shall have the right to set different short-term minimum staffing levels in all work units for special events. Special events are city festivals and unusual occurrences where additional law enforcement staffing for maintaining order is required. The Employer will notify the employees by January 1 each year of changes to the long-term minimum staffing levels.
The Employer and the. Union recognize that a strike would create a clear and present danger to the health and safety of the public and that the Agreement provides machinery for the orderly resolution of grievances. The parties, therefore, agree to the following:
The Employer and the. Union recognize that a strike would create a clear and present danger to public health, Safety, and welfare, and that the Agreement provides machinery for the orderly resolution of grievances. The Union, therefore, agrees that there shall be no interruption of services by the employees because of any work slowdown, sick call, strike, sympathy strike, or other concerted effort which affects the Employer or its operations during the term of this Agreement or any extensions thereof.
The Employer and the. Union recognize that a strike would create a clear and present danger to the health and safety of the public and that the Agreement referred to in Article 1.01 provides machinery for the orderly resolution of grievances. The Parties, therefore, agree that during the term of such Agreement the Union shall not authorize, cause, engage in, sanction or assist in any sick call, work stoppage, strike, sympathy strike or slowdown which affects the Employer or its operations. Should any employee(s) engage in a sick call, work stoppage, strike, sympathy strike or slowdown, the Union will promptly do whatever it can to prevent or stop such unauthorized acts, including the preparation of a letter addressed to the Employer stating “that such action is not sanctioned by the Union and that all employees should and have been advised to return to work immediately.” The letter shall be signed by the highest ranking local Union officer.
The Employer and the. Labor Council agree not to interfere with the desire of any person to become or remain a member of the Fraternal Order of Police and/or Labor Council.
The Employer and the. Executive acknowledge that the Executive's service as an officer of the Employer exposes the Executive to risks of personal liability arising from, and pertaining to, the Executive's participation in the management of the Employer. The Employer shall defend, indemnify and hold harmless the Executive from any actual cost, loss, damages, attorneys fees, or liability suffered or incurred by the Executive arising out of, or connected to, the Executive's service as an officer of the Employer. The Employer shall not be obligated to indemnify the Executive if the cost, loss, damage, or liability results from the Executive's violation of the Securities Exchange Act of 1934, as amended, the Executive's violation of criminal law, a transaction from which the Executive received an improper personal benefit, the Executive's violation of Section 607.0834 of the Florida Business Corporation Act (or any successor law), or the Executive's willful misconduct or a conscious disregard for the best interests of the Employer. The Employer will not have any obligation to the Executive under this section for any loss suffered if the Executive voluntarily pays, settles, compromises, confesses judgment for, or admits liability with respect to without the approval of the Employer. Within thirty days after the Executive receives notice of any claim or action which may give rise to the application of this section, the Executive shall notify the Employer in writing of the claim or action. The Executive's failure to timely notify the Employer of the claim or action will relieve the Employer from any obligation to the Executive under this section.
The Employer and the. OPBA recognize that a strike would create a clear and present danger to the health and safety of the public, and that the Agreement provides machinery for the orderly resolution of grievances. The parties, therefore, agree that during the term of this Agreement, the OPBA shall not authorize, cause, engage in, sanction or assist in any sick call, work stoppage, strike, sympathy strike, or slowdown which affects the Employer or his operations. Should any employee(s) engage in a sick call, work stoppage, strike, sympathy strike, or slowdown, the OPBA will promptly do whatever it can to prevent or stop unauthorized acts, including stating in writing to the employee(s) the strike action is not authorized by the OPBA and all employees should return to work immediately. The Employer shall hold the OPBA harmless, provided the OPBA follow the provisions of this Agreement.
The Employer and the. Union acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by Law from the area of collective negotiations.
The Employer and the. Union agree that there shall be no discrimination, interference, restriction, or coercion exercised or practised with respect to any employee by reason of age, sex, gender identity, race, creed, colour, ancestry, ethnic origin, citizenship, place of origin, national origin, religion, political or religious affiliation, pregnancy, marital status, (including common-law relationships), family status, sexual orientation, lawful source of income, criminal offence for which a pardon has been granted, mental or physical disability (except for employment equity programmes), by reason of Union membership or activity nor by exercising their rights under the Collective Agreement.
