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22.5 <br /> <br />22.6 <br /> <br />22.7 <br /> <br />22.8 <br /> <br />22.9 <br /> <br />22.10 <br /> <br />Proposal~ to add to ar change L.~iS Memorandum of <br />Understanding or written agreements or addenda <br />supplementary hereto shall not be arhitrable and no <br />proposal to modify, amend or terminate this Memorandum of <br />Understanding, nor any matter or subject arising out of <br />or in connection with such proposal, may be referred to <br />arbitration under this Section. NO arbitrator shall have <br />the power to amend or modify this Memorandum of <br />Understanding or written agreement or addenda <br />supplementary hereto or to establish any new terms or <br />conditions of employment. <br /> <br />No grievance involving demotion, reduction in pay, <br />suspension, dismissal of an employee will be entertained <br />unless it is filed in writing with the City Manager <br />within seven (7) working days of the time at which the <br />affected employee was notified of such action. <br /> <br />If the City Manager in pursuance of the procedures <br />outlined in subsection 22.2(3) above, resolves the <br />grievance which involves suspension or discharge, he/she <br />may agree to payment for lost time or to reinstate with <br />or without payment for lost time. <br /> <br />Only complaints which allege that ermployees are not being <br />compensated in accordance with the provisions of this <br />Memorandum of Understanding shall be considered as <br />grievances. No adjustment shall be retroactive for more <br />than thirty (30) days from the date upon which the <br />complaint was filed. Any other matters of compensation <br />are to be resolved in the meeting and conferring process <br />and if not detailed in the Memorandum of Understanding <br />which results from such meeting and conferring process <br />shall be deemed withdrawn until the meeting and <br />conferring process is next opened for such discussion. <br /> <br />No changes in this Memorandum of Understanding or <br />interpretations thereof (except interpretations resulting <br />from arbitration proceeding hereunder) will be recognized <br />unless agreed to by the City Manager and the Association. <br /> <br />The Association, its members and representatives, agree <br />that it and they will not engage in, authorize, sanction, <br />or Support any strike against the City of Pleasanton. <br />The Association, its members and representatives, further <br />agree that it and they will not engage in, authorize, <br />sanction, or support any strike, slowdown, stoppage of <br />work, curtailment of production, concerted refusal of <br />Overtime work, refusal to operate designated equipment <br />(provided such equipment is safe and sound) to perform <br />customary duties; and neither the Association nor any <br />representative, therefore, shall engage in job action for <br />the purpose of effecting changes in the directives or <br />decision of management of the City, nor to effect or <br />change of personnel or operations of management or of <br />employees not covered by the Memorandum of Understanding. <br /> <br />-22- <br /> <br /> <br />