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27.8 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder), will be recognized unless agreed to by the City Manager and the Union. 27.9 The Union, its members, and representatives, agree that it and they will not engage in, authorize, sanction, or support: any strike against the City of Pleasanton. The Union, its members, and representatives, further agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) to perform customary duties. Further neither the Union nor any representative thereof shall engage in any 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 the Memorandum of Understanding. The City agrees that there shall be no lock-out of employees. 27.10 (1) The provisions of this Section shall not abridge any right to which an employee may be entitled under the City Ordinance 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. (2) All grievances of employees in bargaining units represented by the Union shall be processed under this section. Section 28. Medical Examination In the event the Department Head or the City Manager determines there is a necessity for a medical examination, the employee shall submit to such medical examination any time during such employee's employment. Such examination shall be given by a physician selected by the City and the full cost of such medical examination shall be borne by the City as shall any additional medical examination required by the City. Medical examinations required under this section shall be scheduled to the extent possible during the employee's work day. Consistent with the above procedures an employee may be required to undergo a psychological examination or evaluation if the physician selected by the City determines such an examination or evaluation is necessary. The employee shall be notified of the reason(s) for the examination or evaluation. The examining psychologist shall provide the City a narrative report describing his/her conclusions as to the employee's fitness for duty. The specific information gathered by the psychologist upon which his/her conclusions are based shall not be provided to the City. The psychologist's report shall be kept confidential according to the requirements of the state law. -39 -