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(3) All grievances involving or concerning the payment of compensation shall be initially filed in writing with the Personnel 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not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. (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. (5) 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 32. 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 33. Past Practices and Existing Memoranda of Understanding 33.1 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. 33.2 This Memorandum of Understanding shall supersede all existing Memoranda of understanding between the City and the Association. Section 34. Separability of Provisions 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, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. It is mutually recommended that the modifications shown above shall be made applicable on the dates indicated and these modifications represent the full and final settlement of all proposals made by the San Leandro Police Officers' Association. This Memorandum of Understanding and the recommended modifications herein shall commence on March 1, 1998, and shall remain in effect through February 28, 2001, except for those provisions assigned other effective dates. Either party may cancel the third year of this agreement 21