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and confer process and detailed in the Memorandum of Understanding. If the matter is not <br />detailed in the MOU, it shall be deemed withdrawn until the next meet and confer process is <br />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 />26.10 The provision of this Section shall not abridge any right to which an employee may be entitled <br />under the Fire Department ordinance and resolution, or shall it be administered in a manner <br />which would abrogate any power which may be within the sole province and discretion of the <br />Fire Department's governing board. <br />27.1 Exams <br />All grievances of employees in representations units represented by the Union shall be processed <br />under this section. <br />Section 27. Medical Examination <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. A physician selected by the Fire <br />Department shall give such examination and the full cost shall be borne by the Fire Department, as shall <br />any medical examination required by the Fire Department. A copy of said medical examination shall be <br />given to the employee. Should the employee disagree with the medical opinion of the examination, the <br />employee may consult with his/her own physician (at employee's expense) and if his/her private <br />physician's report conflicts with the Fire Department's physician in terms of ability to work at the <br />employee's regular job, then the employee may request a medical examination by a third physician <br />mutually agreed upon by the employee and the Fire Department. The employee and the Fire Department <br />will share the costs for the third examination. The decision of the third physician concerning the ability <br />of the employee to perform his/her duties shall be the basis for the employee returning to work. <br />27.2 Wellness - Fitness/Modified Duty Program <br />Effective August 1, 2001, the Department and Local will implement the IAFC -IAFF Fire Service Joint <br />Labor Management Wellness - Fitness Initiative, 2nd edition, in its entirety. <br />31 <br />