RES 231418 - Laserfiche WebLink

23.4 No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in subsection 23.1. 23.5 Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreement or addenda supplementary hereto or to establish any new terms or conditions of employment. 23.6 No grievance involving demotion, reduction in pay, suspension, dismissal of an employee will be entertained unless it is filed in writing with the City Manager within seven(7) working days of the time at which the affected employee was notified of such action. 23.7 If the City Manager, in pursuance of the procedures outlined in subsection 23.2(3) above, resolves the grievance which involves suspension or discharge, he/she may agree to payment for lost time or to reinstate with or without payment for lost time. 23.8 Complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. 23.9 No changes in this Memorandum of Understanding or interpretations thereof(except interpretations resulting from arbitration proceeding hereunder)will be recognized unless agreed to by the City Manager and the Association. 23.10 The Association, 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 Association, 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; and neither the Association nor any representative, therefore, shall engage in job action for the purpose of effecting changes in the directives or decision of management of the City, nor to effect or change of personnel or operations of management or of employees not covered by the Memorandum of Understanding. 23.11 (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 grievance of employees in representation units represented by the Association shall be processed under this section. 29