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ARTICLE XXXVII <br />NOTIFICATION OF TERMINATION FORM <br />(CODE OF PERFORMANCE) <br />The Employer agrees to designate discharges "for cause," when appropriate, as <br />described in the attached Notification of Termination Form for purposes of the Union's <br />Code of Performance only. The Notification of Termination Form shall not be admissible <br />in any grievance, arbitration, or proceeding, unless the Employer expressly agrees in <br />writing to such admissibility. <br />This Article is intended only to assist the Union in implementing and administering <br />its Code of Performance. This Article does not create any new or additional rights <br />whatsoever for workers under the parties' collective bargaining agreement, including, but <br />not limited to, creating any new or additional right to reinstatement with or without back <br />pay, from the Employer. <br />This Article does not create a responsibility or requirement for the Employer to <br />implement the Union's Code of Performance. The Union is implementing the Code of <br />Performance as an internal union program for its membership. The Employer is merely <br />cooperating with the Union's implementation. The Employer's only obligation under the <br />Union's Code of Performance is to complete and submit the Notice of Termination Form <br />when appropriate, and the Employer has no obligation to participate in, agree to, or <br />implement any aspect of the Union's Code of Performance. <br />Except for the obligation to complete and submit the Notice of Termination Form <br />when appropriate, this Article does not create any new or additional Employer rights, nor <br />does this Article take away any Employer rights that are part of this Agreement or that <br />exist for the Employer outside of this Agreement. <br />Local Unions #41 and #81 agree to defend, indemnify and hold harmless the <br />Employer from any and all claims, actions, damages, settlements, costs, expenses <br />(including, but not limited to attorneys' fees) and/or proceedings arising out of said Code <br />of Performance and/or the completion and/or submission of a Notice of Termination Form <br />by the Employer. <br />ARTICLE XXXVIII <br />EFFECTIVE DATE <br />THIS AGREEMENT shall be in full force and effect from June 1, 2018 and was ratified <br />by a majority of members of the NWI Contractors Association Inc. June 1, 2018 and <br />41 <br />