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parties that classes taken as prerequisites to an approved course of study are covered by this <br />Tuition Reimbursement Program, as are courses taken in preparation for an employees' job <br />advancement within the City. A written explanation will be provided to any employee denied <br />tuition reimbursement. <br />Reimbursement is only made if an employee successfully completes their coursework with a <br />grade of C or better. Eligible items for reimbursements are tuition and course-related book <br />expenses. <br />42.6 Domestic Partners <br />Domestic partners of City employees registered with the State of California shall be afforded <br />group health coverage eligibility and leave of absence rights to the extent required by law. No <br />additional group health coverage eligibility or leave of absence rights shall be provided to <br />domestic partners of City employees. <br />42.7 Fitness for Duty <br />The City will notify the Union before an employee is to be removed from service for afitness- <br />for-duty examination. Such notification will be followed by a written notice giving the general <br />reasons for the scheduled examination to the Representative/Organizer of Loca121. <br />42.8 Application of Pay and Benefits <br />Only employees of the City, at the time this agreement is ratified by the City Council, are <br />eligible to receive any of the salary or benefits so provided. <br />42.9 COPE Deductions <br />The parties agree that effective the first of the second month following the ratification of this <br />agreement, employees will be able to have deductions made on a voluntary basis from their <br />salary to the COPE Political Action Fund. <br />Section 43. No Strike Clause <br />The Employee Union, its members and representatives agree that it and they will not engage in, <br />authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of <br />production, concerted refusal of overtime work, refusal to operate designated equipment <br />(provided such equipment is safe) or to perform customary duties; and neither in the Employee <br />Union nor any representatives thereof shall engage in job action for the purpose of effecting <br />changes in the directives or decisions of management of the City, nor to effect a change of <br />personnel or operations management or of employees not covered by this Memorandum of <br />Understanding. <br />Section 44. Separability <br />Should any provision of this Memorandum of Understanding be declared illegal by a court of <br />competent jurisdiction, that provision of the Memorandum of Understanding shall be null and <br />void but such nullification shall not affect any other provision of this Memorandum of <br />Understanding, all of which other provisions shall remain in full force and effect. <br />32 <br />