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42.7 Fitness for Duty The City will notify the Union before an employee is to be removed from service for afitness- for-duty examination. Such notification will be followed by a written notice giving the general reasons for the scheduled examination to the Representative/Organizer of Local 21. Section 43. No Strike Clause The Employee Union, its members and representatives 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) or to perform customary duties; and neither in the Employee Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations management or of employees not covered by this Memorandum of Understanding. Section 44. Separability Should any provision of this Memorandum of Understanding be declared illegal by a court of competent jurisdiction, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provision of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect. Section 45. Drub and Alcohol Testing Program The provisions of the Drug and Alcohol Testing Program are incorporated by reference into this Agreement. Section 46. Past Practices and Existing Memoranda of Understanding 46.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. Prior to discontinuing or altering any past practice which falls within the scope of representation, the City will provide notice to the Union and, upon request, meet and confer prior to implementing the change. 46.2 This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the San Leandro City Employees' Union. It is mutually recommended that the modifications shown above shall be made applicable on the dates indicated and these modifications represent the full and fmal settlement of all proposals made by the San Leandro City Employees' Union. This Memorandum of Understanding and the recommended modifications herein shall commence on January 1, 2009 and shall remain in effect through December 31, 2009 except for those provisions assigned other effective dates or subject to the negotiations re-opener provisions. 32