2005-34 AUTHORIZING CONTRACT - FIRE SERVICE

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ARTICLE 20 CITY AUTHORITY ' Section 1. Nothing in this Agreement shall be construed as delegating to others the authority 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; provided that, nothing in this Article shall be construed as abridging or limiting in any manner the jurisdiction or authority of any arbitrator appointed or otherwise selected for any purpose under the provision of Article 18 hereof or the Illinois Public � Labor Relations Act, and all decisions of such arbitrator shall be fully binding upon the City, as provided by law. Section 2. Unless otherwise limited by this Agreement, and the Illinois Public Labor Relations Act, Section 1604, 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 are by way of example but are not limited to the following: The right to operate and manage all ' manpower, facilities and equipment; to deliver fire protection, fire prevention and emergency medical services to the citizens of Decatur; the right to establish functions; 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. This Agreement shall be construed however as requiring the employer to follow the provisions of this Agreement in the exercise of the foregoing rights. ARTICLE 21 NON-DISCRIMINATION Section 1. During the term of this Memorandum of Agreement, in accordance with applicable law 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, national origin, political affiliation or with regard to whether any person is or is not affiliated with the Union. ARTICLE 22 SAVINGS CLAUSE Section 1. Should any article, section or portion thereof of this Memorandum of Agreement be held unlawful, or unenforceable, by any Court of competent jurisdiction, such decision of the court shall apply only to that specific article, section or portion thereof and insofar as may be possible shall not affect the provisions otherwise appearing herein. Section 2. This Agreement constitutes the complete and entire Agreement between the parties, and concludes collective bargaining between the parties for its term. The city and the Union acknowledge that this agreement supersedes and cancels all ordinances, practices, side 26