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<br />25 <br /> <br /> <br />Decisions of Adjustment board or Arbitrators on matters properly before them shall be <br />final and binding on the parties hereto, to the extent -permitted by the Charter of the City. <br /> <br />No Adjustment Board or Arbitrator shall entertain, hear, decide or make <br />recommendations on any dispute involving a position over which the Association has <br />jurisdiction unless such dispute falls within the definition of a grievance as hereinabove <br />set forth in paragraph (1) of this section. <br /> <br />Proposals to add or change this Memorandum of Understanding or written agreements or <br />addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend <br />or terminate this Memorandum of Understanding, nor any matter or subject arising out of <br />or in connection with such proposal, may be referred for arbitration under this section; <br />and neither any Adjustment Board nor any Arbitrator shall have the power to amend or <br />modify this Memorandum of Understanding or written agreements or addenda <br />supplementary hereto or to establish any new terms or conditions of employment. <br /> <br />(3) All grievances involving or concerning the payment of compensation shall be initially <br />filed in writing with the Human Resources Director. In such cases no adjustment shall be <br />retroactive for more than sixty (60) calendar days from the date upon which the grievance <br />was filed. Only grievances, which allege that employees are not being compensated in <br />accordance with the provisions of this Memorandum of Understanding, shall be <br />considered as grievances. Any other matters of compensation are to be resolved in the <br />meeting and conferring process and if not detailed in the Memorandum of Understanding <br />which results from such meeting and conferring process shall be deemed withdrawn until <br />the meeting and conferring process is next opened for such discussion. <br /> <br />(4) No changes in the Memorandum of Understanding or Interpretations thereof (except <br />interpretation resulting from Adjustment Board or arbitration proceedings hereunder) will <br />be recognized unless agreed to by the City Manager and the Association. <br /> <br />Section 33. No Strike Clause <br /> <br />The Association, 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 the Association <br />nor any representatives thereof shall engage in job action for the purpose of effecting changes in <br />the directives or decisions of management of the City, nor to effect a change of personnel or <br />operations of management or of employees not covered by the Memorandum of Understanding. <br /> <br />Section 34. Non-Discrimination <br /> <br />The City and the Association agree that there shall be no discrimination against any employee <br />because of Association activities or because of race, color, religion, sex, national origin, age, <br />marital status, or handicap, as defined by applicable Federal and State regulations. <br />