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24.5 <br /> <br />24.6 <br /> <br />24.7 <br /> <br />24.8 <br /> <br />2a__.9 <br /> <br />24.10 <br /> <br />No grievance involving demotion, suspension, dismissal <br />of an employee will be entertained unless it is filed <br />in writing with the Personnel Officer within seventy-two <br />(72) hours of the time at which the affected employee <br />was notified of such action. <br /> <br />If the Personnel Officer in pursuance of the procedures <br />outlined in subsection 24.3(2) above, or the City Manager <br />in pursuance of the provisions of subsection 24.2(3) above <br />resolve a grievance which involves suspension or discharge, <br />they may agree to payment for lost timeor to reinstate- <br />ment with or without payment for lost time, but in the <br />event the dispute is referred to arbitration and the <br />arbitrator finds that the City had the right to take the <br />action complained Of, the arbitrator may not substitute <br />his/her judgment for the judgment of management and if <br />he/she finds that the City had such right, he/she may <br />not order reinstatement and may not assess any penalty <br />upon the City. <br /> <br /> All complaints involving or concerning the payment of <br /> compensation shall be initially filed in writing with 'the <br /> City Manager. 'Only complaints which allege that employees <br /> are not being compensated in accordance with the provisions <br /> of this Memorandum of Understanding shall be considered <br /> as grievances. Any other matters of compensation are <br /> to be resolved in the meeting and conferring process and <br /> if not .detailed in the Memorandum of Understanding which.'- <br /> results from such meeting ~nd conferring process shall <br />~be deemed.withdrawnuntiL the meeting and conferring <br />pr6cess is next opened for such discussion. No adjust- <br />ment shall be retroactive for more than thirt9 (30) <br />days from the date upon which the complaint was filed. <br /> <br />No changes in t~is Memorandum of Understanding or inter- <br />pretations thereof (except interpretations resulting from <br />Adjustment Board or arbitration proceedings hereunder) <br />will be recognized unless agreed to by the. City Manager <br />and the Union.. " <br /> <br />The Union, ~ts members and representatives, agree tha~ <br />it and they will not engage in, authorize, sanction, or <br />support any strike, slowdown, stoppage of work, curtail~ <br />ment of production, concerted refusal of overtime work, <br />refusal to operate. designated equipment (provided such <br />equipment is safe and sound) or to perform customary <br />-.duties; and neither the Union nor any representatives <br />thereof shall engage in j6b action for the purpose of <br />effecting changes in the directives or decisions of <br />management. of the City, nor to effect a change of <br />personnel or operations of management or of employees <br />not covered by this Memorandum of Understanding. <br /> <br />(1) <br /> <br /> The provisions of this Section shall nor abridge <br />· any rights to which an employee may be entitled <br /> under the City Ordinances and Resolutions, nor shall <br /> it be administered in a manner which would abrogate <br /> any power which may be within the sole province <br /> and discretion of the City= Council. <br /> <br />-20- <br /> <br /> <br />