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26.7 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 /> <br />26.8 All complaints involving or concerning the payment of compensation shall be initially filed in <br /> writing with the Fire Chief. Only complaints which allege that employees are not being <br /> compensated in accordance with the provision of this Memorandum of Understanding shall be <br /> considered as grievances. No adjustments shall be retroactive for more than thirty (30) days from <br /> the date upon which the complaint was filed. Any other matters of compensation are to be <br /> resolved in the meeting and conferring process and if not detailed in the Memorandum of <br /> Understanding which results from such meeting and conferring process shall be deemed <br /> withdrawn until the meeting and conferring process is next opened for such discussion. <br /> <br />26.9 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 /> <br />26.10 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 /> <br /> 26.11(1) 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, or shall it be administered in a <br /> manner which would abrogate any power which may be within the sole province and <br /> discretion of the Fire Department's goveming board. <br /> <br /> (2) All grievances of employees in representations units represented by the Union shall be <br /> processed under this section. <br /> <br />Section 27. Medical Examination <br /> <br />27.1 Exams <br /> <br />In the event the Fire Chief determines there is a necessity for a medical examination, an employee shall <br />submit to such medical examination at any time while on duty. Such examination shall be given by a <br />physician selected by the Fire Department and the full cost shall be borne by the Fire Department, as <br />shall any medical examination required by the Fire Department. A copy of said medical examination <br />shall be given to the employee. Should the employee disagree with the medical opinion of the <br />examination, the employee may consult with his/her own physician (at employee's expense) and if <br /> <br /> 3o <br /> <br /> <br />