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The City shall deduct, upon receipt of duly executed form, properly signed by a member of the <br />bargaining unit, either dues to the Union or service fees for nonmembers, as appropriate. The <br />Union shall advise the City, in writing, of the dues amount to be deducted for each member. <br />Any change in dues will be submitted to the City, in writing, thirty (30) days prior to the <br />effective date of such change. The City shall, as soon as possible, notify the Union Business <br />Manager if any members of the bargaining unit revoke a dues/fees authorization. <br />Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give <br />the unit member fifteen (15) days to cure the delinquency; a copy of said notice shall be <br />forwarded to the City's Human Resources Department. In the event the unit member fails to <br />cure said delinquency, the Union shall request, in writing, that the he City initiate termination <br />proceedings. The termination proceedings shall be governed by the applicable laws and are <br />specifically excluded from the grievance procedure. <br />A. Hold Harmless Clause <br />In consideration of the above noted services, the Union agrees to release, indemnify, and <br />discharge the City from any liability or expenses, including, but not limited to , attorney's <br />fees and reasonable costs (i.e., city staff time in preparing and mailing correspondence), <br />whatsoever as a result of any action taken pursuant to the provisions of this Article. <br />B. Employee's Right to Revoke Agency Shop <br />Nothing herein shall be construed to modify employees' rights to revoke the Agency <br />Shop provision of this MOU pursuant to the procedures set forth in Government Code <br />Section 3502.5(b). <br />SECTION 4: Disciplinarv Action Appeals Process <br />Employees who are dissatisfied with management actions have the following forms of recourse: <br />Written reprimands will be removed from the employee's personnel file one (1) year after the <br />date of the written reprimand. <br />Discipline Appeal Procedure (Disciplinarv Suspensions, Demotions And Dismissals) <br />The City shall comply with Administrative Policy No. 4.05.250, thus insuring that employees <br />are afforded "due process." In all matters concerning contract interpretation or <br />administration of the MOU, the Union shall have exclusive authority to determine whether a <br />grievance shall be taken to arbitration. If the Union chooses not to proceed on a disciplinary <br />grievance, the employee may proceed at his/her risk and expense to take the matter to <br />arbitration. Such an appeal to be made in the form of a memorandum or letter to the City <br />Manager from an authorized union representative, within ten (10) business days of receiving <br />the "Order of Disciplinary Action." <br />The disciplinary appeals process is as follows: <br />A. Selection of Arbitrator - If the parties are unable to mutually select an arbitrator, the State <br />Mediation and Conciliation Service shall be requested to submit a list of seven persons <br />qualified to act as arbitrators. Within five (5) days following receipt of the list of <br />arbitrators, the parties shall select an arbitrator. Unless the parties agree to another <br />Page 6 of 42 <br />09/03/08 <br />[BEW MOU Electric 7/O1/2008 — 6/30/2011 Final <br />