Agmt 2002 San Leandro City Employees' Association SLCEA

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Section 40. No Strike Clause The Employee Union, its members and representatives agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe) or to perform customary duties; and neither in the Employee Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations management or of employees not covered by this Memorandum of Understanding. Section 41. Separability Should any provision of this Memorandum of Understanding be declared illegal by a court of competent jurisdiction, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provision of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect. Section 42, Drug and Alcohol Testing Program The provisions of the Drug and Alcohol Testing Program are incorporated by reference into this Agreement. Section 43. Past Practices and Existing Memoranda of Understanding 43.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. Prior to discontinuing or altering any past practice which falls within the scope of representation, the City will provide notice to the Union and, upon request, meet and confer prior to implementing the change. 43.2 This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the San Leandro City Employees' Union. It is mutually recommended that the modifications shown above shall be made applicable on the dates indicated and 42