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(a) The City agrees that when federal money is secured for federally funded programs, the Union shall be given notice that the position or positions are to be filled. City employees in the Bargaining Unit shall be given first opportunity to fill such positions within the federal guidelines established by the program before any new employees are hired, consistent with Section 2115.46, “Vacancies”.
(b) If a regular employee in the Bargaining Unit desires the position they shall be given the right to fill the position in accordance with Civil Service Procedures and the resultant job opening will then be filled with the new employee.
(c) All federally funded positions within the jurisdiction of this Bargaining Unit shall be in the Bargaining Unit and the Union shall have the right to represent the federally funded employee and collect dues from them in accordance with the provisions herein.
In the event that the City of Toledo transfers to another entity any operations covered by this agreement, the City shall inform said entity that it is required to recognize and bargain with the Union as the representative of the employees of the transferred operations.
If any section of this chapter of the Code or of any rider thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this chapter and any rider thereto, or the application of such provision or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.
It is the intent of the parties that should any article or section of this chapter be held invalid or inoperable, that section or provision shall be renegotiated in an attempt to provide validity, operability, or acceptability to such section or provision.
(a) Every employee of the City of Toledo shall be a resident of the City of Toledo; provided, however, pursuant to Section 61 of the Charter of the City of Toledo who has established and maintained his/her residence outside the limits of the City prior to November 7, 1972, shall be allowed to continue such residence during his/her employment with the City, and provided further that employees who receive waivers may reside outside the City subject to any limitations or conditions placed upon their waiver.
(b) An employee of the City who wishes to seek a waiver of the residency requirement shall apply in writing to the Department of Human Resources on the application form provided by the City. The employee must set forth the facts meeting the Charter criteria that non-residence of such employee would be in the best interest of the City and that justice to such employee requires waiver of the residency requirement. Based upon the documentation presented, the City’s Mayor will make a determination as to whether the Charter criteria have been met. The decision of the Mayor shall be considered final. The Mayor may at his/her option grant temporary, limited, or conditional waivers as he/she sees fit.