RES 79073 - Laserfiche WebLink

23.5 23.6 23.7 23.8 23.9 23.10 No grievance involving demotion, suspension, dismissal Of an employee will be entertained unless it is filed in writing with the Personnel Officer withinseventy-two (72) hours of the time at which the affected employee Was notified of such action. If the Personnel Officer in pursuance of the procedures outlined in subsection 23.2(2) above, or the City Manager in pursuance of the provisions of subsection 23.2(3) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstate- ment with Or without payment for lost time, but in the event the dispute is referred to arbitration and the arbi- trator finds that the City had the right to take the action complained of, the arbitrator may not substitute his/her judgment for the judgment of management and if he/she finds that the City had such right, he/she may not order reinstatement and may not assess any penalty upon the City. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and con- ferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed. No changes in this Memorandum of Understanding or inter- pretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union. The Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtail- ment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not covered by this Memorandum of Understanding. (i) Tile provisions of this Section shall not abridge any rights to which an employee may be entitled under the City Ordinances and Resolutions, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the City Council. -19-