IAFF MOU 2007 - Laserfiche WebLink

and confer process and detailed in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be deemed withdrawn until the next meet and confer process is opened for such discussion. 26.8 No changes in this Memorandum of Understanding or interpretation thereof(except interpretations resulting from arbitration proceedings hereunder)will be recognized unless agreed to by the Fire Department Fire Chief and the Union. 26.9 The Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike against the Fire Department. The Union, its members and representatives, further 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 and sound) to perform customary duties. Further, neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives or decisions of management of the Fire Department, nor to effect a change of personnel or operations of management or of employees not covered by the Memorandum of Understanding. 26.10 The provision of this Section shall not abridge any right to which an employee may be entitled under the Fire Department ordinance and resolution, or shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the Fire Department's governing board. All grievances of employees in representations units represented by the Union shall be processed under this section. Section 27. Medical Examination 27.1 Exams In the event the Fire Chief determines there is a necessity for a medical examination, an employee shall submit to such medical examination at any time while on duty. A physician selected by the Fire Department shall give such examination and the full cost shall be borne by the Fire Department, as shall any medical examination required by the Fire Department. A copy of said medical examination shall be given to the employee. Should the employee disagree with the medical opinion of the examination, the employee may consult with his/her own physician (at employee's expense) and if his/her private physician's report conflicts with the Fire Department's physician in terms of ability to work at the employee's regular job, then the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Fire Department. The employee and the Fire Department will share the costs for the third examination. The decision of the third physician concerning the ability of the employee to perform his/her duties shall be the basis for the employee returning to work. 27.2 Wellness-Fitness/Modified Duty Program Effective August 1, 2001, the Department and Local will implement the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative, 2nd edition, in its entirety. 31