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terminate this Memorandum of Understanding, nor any matter or subject arising out of or in <br /> connection with such proposal may be referred to arbitration under this Section. Neither any <br /> Review Board nor any arbitrator shall have the power to amend or modify this Memorandum of <br /> Understanding or written agreement or addenda supplementary hereto or to establish any new <br /> terms or conditions of employment. <br /> 26.6 If the Fire Chief in pursuance of the procedures outlined in subsection 26.2 above resolves any <br /> grievance, which involves suspension or discharge, the Fire Chief may agree to payment for lost <br /> time or to reinstatement with or without payment for lost time. <br /> 26.7 All complaints involving or concerning the payment of compensation shall be initially filed in <br /> writing with the Fire Chief Complaints which allege that employees are not being compensated <br /> in accordance with the provision of this Memorandum of Understanding shall be considered as <br /> grievances. <br /> Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from <br /> the date upon which the complaint was filed except in instances where retroactive adjustments <br /> are mandated by federal or state law, or required by outside entities. <br /> In the event the City overpays an employee above the compensation outlined in this <br /> Memorandum of Understanding, the City may collect up to six (6) months of overpayment dated <br /> from the date of discovery. <br /> Any other matters of compensation are to be resolved in the meet and confer process and detailed <br /> in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be <br /> deemed withdrawn until the next meet and confer process is opened for such discussion. <br /> 26.8 No changes in this Memorandum of Understanding or interpretation thereof (except <br /> interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed <br /> to by the Fire Department Fire Chief and the Union. <br /> 26.9 The Union, its members and representatives, agree that it and they will not engage in, authorize, <br /> sanction, or support any strike against the Fire Department. The Union, its members and <br /> - . . .. . -- - - . . . -, . . ... <br /> .. - . . . . . , . - .• •• - . . . . . •. •, <br /> s . <br /> 26.109 The provision of this Section shall not abridge any right to which an employee may be entitled <br /> under the Fire Department ordinance and resolution, nor shall it be administered in a manner <br /> which would abrogate any power which may be within the sole province and discretion of the <br /> Fire Department's governing board. <br /> 53 <br />