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International Union of Operating Engineers, Stationary Engineers - Local 39

2023 - 2026 Local 39 Memorandum of Understanding:   Article 25: Full Understanding and Separability

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  • 25.1 Full Understanding, Modification, Waiver
  • 25.2 Separability

Read Next: Article 26: Grievance Procedure

25.1 Full Understanding, Modification, Waiver

  1. This Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
  2. Except as specifically provided herein, it is agreed and understood that the Union voluntarily and unqualifiedly waives its right to and releases the County from any obligation to meet and confer on any subject or matter contained herein.  The Union acknowledges that County has fulfilled its obligations under Government Code Section 3505 for fiscal years 2016/2017 and 2017/2018.
  3. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto, unless made and executed in writing by the parties hereto, and if required, approved and implemented by County's Board of Supervisors.
  4. Nothing in this Agreement shall be construed to limit or remove the existing or future jurisdiction or authority of the Civil Service Commission as provided in Ordinance No. 305-A as amended, or as provided in the Rules adopted thereunder.
  5. The waiver of any breach, term, or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

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25.2 Separability

If during the term of this Memorandum, any item or portion thereof is held to be invalid or rendered invalid by operation of law, or rule, regulation, or order issued by governmental authority or by any tribunal of competent jurisdiction, or if compliance with or enforcement of the section or portion thereof shall be restrained by any tribunal such provision of this Memorandum shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation or order shall remain in effect.

Such invalidation of a part or portion of this Memorandum shall not invalidate any remaining portion which shall continue in full force and effect.

Except in an emergency, at the written request of either party within ten (10) days of the action invalidating a portion of this Memorandum, the parties shall meet and confer for the purpose of arriving at a mutually satisfactory replacement of such section or portion thereof.

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