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(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 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which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. <br /> (4) No changes in the Memorandum of Understanding or Interpretations thereof (except 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 /> 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 (provided such equipment is safe) or to perform customary duties; and neither the Association 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 /> Section 34. Non-Discrimination 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, marital status, or handicap, as defined by applicable Federal and State regulations. <br /> <br />Section 35. Past Practices and Existing Memoranda of Understanding <br /> 35.1 Continuance of working conditions and practices not specifically authorized by <br />departmental rules and regulations or by ordinance or resolution of the City Council is <br />not guaranteed by this Memorandum of Understanding. <br /> 35.2 This Memorandum of Understanding shall supersede all existing Memoranda of <br />understanding between the City and the Association. <br /> Section 36. Separability of Provisions <br />Should any section, clause or provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, <br />clause or provision shall not invalidate the remaining portions hereof, and such remaining <br />portions shall remain in full force and effect for the duration of this Memorandum of <br />Understanding. <br />