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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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100323 SPECIAL
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/3/2023
DESTRUCT DATE
15Y
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29 <br />23.6 No grievance involving demotion, reduction in pay, suspension, dismissal of an employee will <br />be entertained unless it is filed in writing with the City Manager within seven (7) working days <br />of the time at which the affected employee was notified of such action. <br /> <br />23.7 If the City Manager, in pursuance of the procedures outlined in subsection 23.2(3) above, <br />resolves the grievance which involves suspension or discharge, he/she may agree to payment <br />for lost time or to reinstate with or without payment for lost time. <br /> <br />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such meeting and conferring process shall be deemed withdrawn until the meeting and 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 /> <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 /> <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 /> <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 /> <br /> (2) All grievance of employees in representation units represented by the Association shall be <br />processed under this section. <br /> <br />Section 24. Medical Examination <br /> <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 /> <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
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