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(5) If an Adjustment Board is unable to arrive at a <br /> majority decision the grievance may then be <br /> referred to the City Manager. The City Manager <br /> shall investigate the merits of the grievance, meet <br /> with the grievant and attempt to resolve the <br /> grievance. <br /> (6) If the grievance is not resolved through the <br /> procedures set forth above, the grievance may be <br /> referred to the City Council as the final step in <br /> the grievance procedure. <br /> 22.3 No Adjustment Board shall entertain, hear, decide, or <br /> make recommendations on any dispute unless such dispute <br /> involves a position in a unit represented by the <br /> Association and unless such dispute falls within the <br /> definition of a grievance as set forth in Subsection <br /> 22.1. <br /> 22.4 No Adjustment Board shall have the power to amend or <br /> modify this Memorandum of Understanding or written <br /> agreement or addenda supplementary hereto or to <br /> establish any new terms or conditions of employment. <br /> 22.5 No grievance involving demotion, suspension or dismissal <br /> of any employee will be entertained unless it is filed <br /> in writing with the Personnel Officer within three (3) <br /> working days of the time at which the affected employee <br /> was notified of such action. <br /> 22.6 If the Personnel Officer in pursuance of the procedures <br /> outlined in Subsection 22.2(2) above, or the City <br /> Manager in pursuance of the provisions of Subsection <br /> 22.2(5) above resolve a grievance which involves <br /> suspension or discharge, they may agree to payment for <br /> lost time or to reinstatement with or without payment <br /> for lost time. <br /> 22.7 All complaints involving or concerning the payment of <br /> compensation shall be initially filed in writing with <br /> the City Manager. Only complaints which allege that <br /> employees are not being compensated in accordance with <br /> the provisions of this Memorandum of Understanding shall <br /> be considered as grievances. Any other matters of <br /> compensation are to be resolved in the meeting and <br /> conferring process and if not detailed in the Memorandum <br /> of Understanding which results from such meeting and <br /> conferring process shall be deemed withdrawn until the <br /> meeting and conferring process is next opened for such <br /> discussion. No adjustment shall be retroactive for more <br /> than thirty (30) days from the date upon which the <br /> complaint was filed. <br /> Memorandum of Understanding <br /> Page 25 <br />