R2022-173 Resolution Authorizing Collective Bargaining Agreement for Pay and Benefits - AFSCME Council 31 and Local 268 General Service Employees

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give the arbitrator jurisdiction of the matter, and said time limits herein provided being the only such limits regarding notice of intent to arbitrate required to be met by such employee, any provi- sions of Section 2 to the contrary notwithstanding. In order to exercise the option provided for hereunder to refer a matter to an arbitrator rather than the Civil Service Commission, or to have an arbitrator adjudicate a suspension not within the jurisdiction of the Civil Service Commission, an employee must file with the City Manager's Office, in writing, a notice that such employee wishes such suspension or discharge to be referred to arbitration, which arbitration shall be con- ducted pursuant to the provisions of this Chapter except where expressly modified by the provi- sions hereof. Such a notice must be filed not later than the end of the fifth business day following the notice to the employee of the discipline to be imposed. Failure to file such a notice within the time limits provided herein shall constitute a waiver of the right of such employee to have said matter arbitrated, and any disciplinary proceedings initiated following such failure to file such no- tice, if any are required, shall be pursuant to the Civil Service Law as provided in Section 3 of Article 11 hereof. A decision by either the Civil Service Commission or an arbitrator shall preclude consideration of the same matter by the other. ARTICLE 21 CITY AUTHORITY Section 1. Nothing in this Agreement shall be construed as delegating to others the au- thority vested by law in the corporate authority of the city and its duly elected or appointed officers or in any way abridging or reducing such authority or infringing upon the responsibility thereof to the people of the City. Section 2. Except as amended, changed or modified by this agreement, the City retains all management rights and powers granted it by law. Said rights and powers are subject to the terms and conditions of this Agreement and include but are not limited to the following: the right to establish, discontinue or modify those terms and conditions of employment not controlled by this Agreement;the right to operate and manage all manpower,facilities and equipment;the right to establish functions and programs; the right to set and amend budgets; the right to determine the utilization of technology;the right to establish and modify the organizational structure;the right to select, direct and determine the number of personnel and the right to establish work schedules. ARTICLE 22 NON-DISCRIMINATION During the term of this Agreement neither the City nor the Union shall discriminate with regard to the rights, privileges, power, authority, duty or responsibility of either as to any person with regard to age, sex, marital status, race, color, creed, sexual orientation, national origin, po- litical affiliation or with regard to whether any person is or is not affiliated with the Union. ARTICLE 23 SAVINGS CLAUSE Should any article, section or portion thereof of this agreement be held unlawful or unen- forceable by any court of competent jurisdiction such decision of the court shall apply only to that 32