Common use of Legal Service Clause in Contracts

Legal Service. The City agrees to pay to the Municipal Employees Federation, AFSCME, Local No. 101, AFL-CIO Legal Trust Fund the sum of four dollars and twenty- five cents ($4.25) per month for each full-time employee on the payroll for the last pay period ending prior to the first of each month for private legal service benefits for such employees and their dependents subject to the following: 13.9.1 No portion of the sums heretofore paid or subsequently paid shall be used to provide legal services for any employee or dependents in any action or proceeding in which the Union is a party or in which the City is a party, and 13.9.2 No portion of the sums heretofore paid or subsequently paid shall be used in connection with any matter, action or proceeding involving employer- employee relations involving the City, its commissions, officers, or employees; except 13.9.3 The provisions of 13.9.1 and 13.9.2 notwithstanding, a portion of the sum so paid may be used to pay the Union's portion of the cost of the arbitrator, including the arbitrator's legitimate expenses, and the Union's share of the transcript(s) of the arbitration proceeding. Further, a portion of the sum so paid may be used to reimburse City employees for time spent as witnesses in arbitration proceedings involving the Union and the City provided such time is spent during regularly scheduled working hours. The compensation, however, shall not include any payment for any such time spent in arbitration proceedings involving the Union and the City which falls outside the employee's regularly scheduled working hours. 13.9.4 The City shall have the right, through independent auditors selected by the City, upon written request to periodically review and audit the books and records of the fund in San Xxxx at reasonable times, to determine whether the Union has complied with the conditions contained herein. The Union shall, upon completion of any such reviews and audits, reimburse the City for half of the costs thereof within ten (10) days after receipt of a statement of such costs from the City. 13.9.5 Failure of the Union to maintain such books and records or to make such books and records available in San Xxxx or to permit such inspection, or to pay half of the costs of such review and audit shall constitute grounds for the City to terminate or suspend, in its discretion, the payment of further payments; and 13.9.6 If upon inspection of the books and records the City determines that any portion of the sum contributed has been diverted to purposes not permitted by the provisions of this Article, the City may, in addition to any other remedies available to it under law, suspend or terminate further payments. 13.9.7 As used herein, action or proceedings shall include, but not be limited to, court proceedings, proceedings or hearings or appearances before legislative, administrative, or quasi-judicial agencies or bodies and arbitration, except to the extent provided in paragraph 13.9.1 herein above, fact-finding, mediation, or other similar dispute resolving procedures.

Legal Service. The City agrees to pay to the Municipal Employees Federation, AFSCME, Local No. 101, AFL-CIO Legal Trust Fund the sum of four dollars and twenty- twenty-five cents ($4.25) per month for each full-time employee on the payroll for the last pay period ending prior to the first of each month for private legal service benefits for such employees and their dependents subject to the following: 13.9.1 No portion of the sums heretofore paid or subsequently paid shall be used to provide legal services for any employee or dependents in any action or proceeding in which the Union is a party or in which the City is a party, and 13.9.2 No portion of the sums heretofore paid or subsequently paid shall be used in connection with any matter, action or proceeding involving employer- employee relations involving the City, its commissions, officers, or employees; except 13.9.3 The provisions of 13.9.1 and 13.9.2 notwithstanding, a portion of the sum so paid may be used to pay the Union's portion of the cost of the arbitrator, including the arbitrator's legitimate expenses, and the Union's share of the transcript(s) of the arbitration proceeding. Further, a portion of the sum so paid may be used to reimburse City employees for time spent as witnesses in arbitration proceedings involving the Union and the City provided such time is spent during regularly scheduled working hours. The compensation, however, shall not include any payment for any such time spent in arbitration proceedings involving the Union and the City which falls outside the employee's regularly scheduled working hours. 13.9.4 The City shall have the right, through independent auditors selected by the City, upon written request to periodically review and audit the books and records of the fund in San Xxxx at reasonable times, to determine whether the Union has complied with the conditions contained herein. The Union shall, upon completion of any such reviews and audits, reimburse the City for half of the costs thereof within ten (10) days after receipt of a statement of such costs from the City. 13.9.5 Failure of the Union to maintain such books and records or to make such books and records available in San Xxxx or to permit such inspection, or to pay half of the costs of such review and audit shall constitute grounds for the City to terminate or suspend, in its discretion, the payment of further payments; and 13.9.6 If upon inspection of the books and records the City determines that any portion of the sum contributed has been diverted to purposes not permitted by the provisions of this Article, the City may, in addition to any other remedies available to it under law, suspend or terminate further payments. 13.9.7 As used herein, action or proceedings shall include, but not be limited to, court proceedings, proceedings or hearings or appearances before legislative, administrative, or quasi-judicial agencies or bodies and arbitration, except to the extent provided in paragraph 13.9.1 herein above, fact-finding, mediation, or other similar dispute resolving procedures.