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sanction, or support any strike, slowdown, stoppage of work, curtailment of production, <br /> concerted refusal of overtime work, refusal to operate designated equipment(provided <br /> such equipment is safe and sound)to perform customary duties. Further neither the <br /> Union nor any representative thereof shall engage in any job action for the purpose of <br /> effecting changes in the directives or decisions of management of the City, nor to effect a <br /> change of personnel or operations of management or of employees not covered by the <br /> Memorandum of Understanding. <br /> The City agrees that there shall be no lock-out of employees. <br /> 27.10 (1) The provisions of this Section shall not abridge any right to which an employee may <br /> be entitled under the City Ordinance and Resolutions, nor shall it be administered in <br /> a manner which would abrogate any power which may be within the sole province <br /> and discretion of the City Council. <br /> (2) All grievances of employees in bargaining units represented by the Union shall be <br /> processed under this section. <br /> Section 28. Medical Examination <br /> In the event the Department Head or the City Manager determines there is a necessity for <br /> a medical examination,the employee shall submit to such medical examination any time <br /> during such employee's employment. Such examination shall be given by a physician <br /> selected by the City and the full cost of such medical examination shall be borne by the <br /> City as shall any additional medical examination required by the City. Medical <br /> examinations required under this section shall be scheduled to the extent possible during <br /> the employee's work day. <br /> Consistent with the above procedures an employee may be required to undergo a <br /> psychological examination or evaluation if the physician selected by the City determines <br /> such an examination or evaluation is necessary. The employee shall be notified of the <br /> reason(s) for the examination or evaluation. <br /> The examining psychologist shall provide the City a narrative report describing his/her <br /> conclusions as to the employee's fitness for duty. The specific information gathered by <br /> the psychologist upon which his/her conclusions are based shall not be provided to the <br /> City. The psychologist's report shall be kept confidential according to the requirements <br /> of the state law. <br /> Section 29. Physical or Mental Disability <br /> If an employee has a physical or mental disability which permanently or chronically <br /> disables the employee from the proper performance of the duties of the employee's <br /> classification and if the City is unable to reasonably accommodate the employee,the <br /> employee shall be laid off and the employee's name placed on a re-employment list for a <br /> period of twelve months in accordance with Section 25.7 If during the twelve(12)month <br /> period, the employee, based upon competent medical evidence, is able to resume the <br /> -42 - <br />