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46 <br /> <br />26.4 No arbitrator shall entertain, or hear, any dispute unless such dispute involves a position <br />in the unit represented by the Union and unless such dispute falls within the definition of <br />a grievance as set forth in Subsection 26.1. <br /> <br />26.5 Proposals to add to or change this Memorandum of Understanding or written agreements <br />or addenda supplementary hereto, shall not be arbitrable and no proposal to modify <br />amend or terminate this Memorandum of Understanding, nor any matter or subject arising <br />out of or in connection with such proposal may be referred to arbitration under this <br />Section. The arbitrator shall not have the power to amend or modify this Memorandum <br />of Understanding or written agreement or addenda supplementary hereto or to establish <br />any new terms or conditions of employment. <br /> <br />26.6 If the Fire Chief in pursuance of the procedures outlined in subsection 26.2 above <br />resolves any grievance, which involves suspension or discharge, the Fire Chief may <br />agree to payment for lost time or to reinstatement with or without payment for lost time. <br /> <br />26.7 All complaints involving or concerning the payment of compensation shall be initially filed <br />in writing with the Fire Chief. Complaints which allege that employees are not being <br />compensated in accordance with the provision of this Memorandum of Understanding <br />shall be considered as grievances. <br /> <br />Both parties agree that adjustments shall be retroactive for a maximum of six (6) months <br />from the date upon which the complaint was filed except in instances where retroactive <br />adjustments are mandated by federal or state law, or required by outside entities. <br /> <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 <br />dated from the date of discovery. <br /> <br />Any other matters of compensation are to be resolved in the meet and confer process <br />and detailed in the Memorandum of Understanding. If the matter is not detailed in the <br />MOU, it shall be deemed withdrawn until the next meet and confer process is opened for <br />such discussion. <br /> <br />26.8 No changes in this Memorandum of Understanding or interpretation thereof (except <br />interpretations resulting from arbitration proceedings hereunder) will be recognized <br />unless agreed to by the Fire Department Fire Chief and the Union. <br /> <br />26.9 The provision of this Section shall not abridge any right to which an employee may be <br />entitled under the Fire Department ordinance and resolution, nor shall it be administered <br />in a manner which would abrogate any power which may be within the sole province and <br /> <br /> <br /> All grievances of employees represented by the Union shall be processed under this <br />section. <br /> <br />Page 240 of 674