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23.8 Complaints which allege that employees are not being compensated in accordance with the <br /> provisions of this Memorandum of Understanding shall be considered as grievances. No <br /> adjustment shall be retroactive for more than thirty (30) days from the date upon which the <br /> complaint was filed. Any other matters of compensation are to be resolved in the meeting and <br /> conferring process and if not detailed in the Memorandum of Understanding which results from <br /> such meeting and conferring process shall be deemed withdrawn until the meeting and <br /> conferring process is next opened for such discussion. <br /> 23.9 No changes in this Memorandum of Understanding or interpretations thereof(except <br /> interpretations resulting from arbitration proceeding hereunder)will be recognized unless <br /> agreed to by the City Manager and the Association. <br /> 23.10 The Association, its members and representatives, agree that it and they will not engage in, <br /> authorize, sanction, or support any strike against the City of Pleasanton. The Association, its <br /> members and representatives, further agree that it and they will not engage in, authorize, <br /> sanction, or support any strike, slowdown, stoppage of work, curtailment of production, <br /> concerted refusal of overtime work, refusal to operate designated equipment (provided such <br /> equipment is safe and sound)to perform customary duties; and neither the Association nor any <br /> representative,therefore, shall engage in job action for the purpose of effecting changes in the <br /> directives or decision of management of the City, nor to effect or change of personnel or <br /> operations of management or of employees not covered by the Memorandum of Understanding. <br /> 23.11 (1) The provisions of this Section shall not abridge any right to which an employee may be <br /> entitled under the City Ordinance and resolutions, nor shall it be administered in a manner <br /> which would abrogate any power which may be within the sole province and discretion of <br /> the City Council. <br /> (2) All grievance of employees in representation units represented by the Association shall be <br /> processed under this section. <br /> Section 24. Medical Examination <br /> In the event the department head or City Manager determines there is a necessity for a medical <br /> examination, an employee shall submit to such medical examination at any time during such <br /> employee's employment. Such examination shall be given by a physician selected by the City <br /> and the full cost of such medical examination shall be borne by the City as shall any additional <br /> medical examinations required by the City. <br /> Should the employee disagree with the medical opinion of the physician selected by the City, <br /> the employee may consult with his/her own physician and, if his/her private physician's report <br /> conflicts with that of the City's physician in terms of ability to work at the employee's regular <br /> job,then the employee may request a medical evaluation through a third physician mutually <br /> agreed upon by the employee and the City. The cost for such examination will be equally <br /> shared by the City and the employee and the decision of this third physician concerning the <br /> continuing ability of the employee to perform his/her work shall be the basis for returning the <br /> employee to his/her regular work. <br /> The above procedures shall be utilized for psychological examinations and evaluations of <br /> employees except that the employee shall be notified of the reason for the examination. Should <br /> 27 <br />