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34.04 <br />FLSA 207(k) exemption. The Employer shall give written notice to the Union by <br />registered mail addressed to the President of the local of any claim, action, suit, or <br />proceeding brought by an employee, person, firm, or corporation against the Employer <br />based in whole or in part based upon the application of the FLSA 207(k) exemption. The <br />County shall defend the said claim, action, suit, or proceeding against the County or <br />against the Union at its own cost and without expense to the Union. <br />Employees who retire under regular FRS guidelines after the termination date of this <br />agreement but prior to the ratification of a new agreement will be eligible for retroactive <br />payments calculated in the same manner as other bargaining unit employees. <br />t 9 <br />