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26.4 No Review Board and no arbitrator shall entertain, or hear, any dispute unless such dispute <br /> involves a position in the unit represented by the Union and unless such dispute falls within the <br /> definition of a grievance as set forth in Subsection 26.1. <br /> 26.5 Proposals to add to or change this Memorandum of Understanding or written agreements or <br /> addenda supplementary hereto, shall not be arbitrable and no proposal to modify amend or <br /> terminate this Memorandum of Understanding, nor any matter or subject arising out of or in <br /> connection with such proposal may be referred to arbitration under this Section. Neither any <br /> Review Board nor any arbitrator shall have the power to amend or modify this Memorandum of <br /> Understanding or written agreement or addenda supplementary hereto or to establish any new <br /> terms or conditions of employment. <br /> 26.6 If the Fire Chief in pursuance of the procedures outlined in subsection 26.2 above resolves any <br /> grievance, which involves suspension or discharge, the Fire Chief may agree to payment for lost <br /> time or to reinstatement with or without payment for lost time. <br /> 26.7 All complaints involving or concerning the payment of compensation shall be initially filed in <br /> writing with the Fire Chief. Complaints which allege that employees are not being compensated <br /> in accordance with the provision of this Memorandum of Understanding shall be considered as <br /> grievances. <br /> Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from <br /> the date upon which the complaint was filed except in instances where retroactive adjustments <br /> are mandated by federal or state law, or required by outside entities. <br /> In the event the City overpays an employee above the compensation outlined in this <br /> Memorandum of Understanding, the City may collect up to six (6)months of overpayment dated <br /> from the date of discovery. <br /> Any other matters of compensation are to be resolved in the meet and confer process and detailed <br /> in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be <br /> deemed withdrawn until the next meet and confer process is opened for such discussion. <br /> 26.8 No changes in this Memorandum of Understanding or interpretation thereof (except <br /> interpretations resulting from arbitration proceedings hereunder)will be recognized unless agreed <br /> to by the Fire Department Fire Chief and the Union. <br /> 26.9 The Union, its members and representatives, agree that it and they will not engage in, authorize, <br /> sanction, or support any strike against the Fire Department. The Union, its members and <br /> representatives, further agree that it and they will not engage in, authorize, sanction, or support <br /> any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime <br /> work, refusal to operate designated equipment (provided such equipment is safe and sound) to <br /> perform customary duties. Further, neither the Union nor any representative thereof shall engage <br /> in any job action for the purpose of effecting changes in the directives or decisions of <br /> management of the Fire Department, nor to effect a change of personnel or operations of <br /> management or of employees not covered by the Memorandum of Understanding. <br /> 36 <br />