Reso 2016-163 - Laserfiche WebLink

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No Adjustment Board or Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which the Association has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in paragraph(1) of this section. Proposals to add 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 for arbitration under this section; and neither any Adjustment Board nor any Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. 32.3 All grievances involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. In such cases no adjustment shall be 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 accordance with the provisions of this Memorandum of Understanding, shall be considered as grievances. 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not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. 32.4 No changes in the Memorandum of Understanding or Interpretations thereof (except interpretation resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association. Section 33. No Strike Clause The Association, 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 the Association 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 of management or of employees not covered by the Memorandum of Understanding. Section 34. Non-Discrimination The City and the Association agree that there shall be no discrimination against any employee 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. Section 35. Past Practices and Existing Memoranda of Understanding 35.1 Continuance of working conditions and practices not specifically authorized by departmental rules and regulations or by ordinance or resolution of the City Council is not guaranteed by this Memorandum of Understanding. 27