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6.3.E. - Page 50 <br />20.4.2 It is in the best interest of the City, the Association, affected employees, and the public to ensure <br />that affected employees do not appear for work under the influence of drugs or alcohol, or possess <br />illegal substances or alcohol while at work, because such conduct is likely to result in reduced <br />productivity, an unsafe working environment, poor morale and increased potential liability to the <br />City. "Under the influence of drugs" means the use of any illegal substances or misuse of a <br />prescribed drug in a manner and to a degree that impairs the employee's work performance or the <br />ability to use City property or equipment safely. <br />20.4.3 The City shall continue to provide an employee assistance program for the duration of this <br />Agreement. This program will be provided for employees who have problems with drugs and/or <br />alcohol. The City and the Association agree that every effort shall be made by the City and the <br />Association to refer employees who have such problems to this counseling service for assistance, <br />In the event that the employee refuses to participate in such counseling or in the event the drug <br />and/or alcohol problem is not resolved through such counseling, the City reserves the right to take <br />disciplinary action against the employee, up to and including dismissal. <br />20.4.4 The City may compel an employee who is unable to perform the duties of his or her position to <br />submit to a medical examination on the City's time by a doctor selected by the City and paid at the <br />City's expense. The City and the Association agree to exchange ideas and information regarding <br />the establishment of a City Alcohol and Drug Abuse Policy during the term of this Agreement. <br />ARTICLE 21 <br />GRIEVANCE PROCEDURE <br />21.1 Definition <br />21.1.1 A grievance shall be defined as any dispute which involved the interpretation or application of any <br />provision of this Memorandum of Understanding during its term, excluding all ordinances, <br />resolutions, rules and regulations, the subject of which is not specifically covered by the provisions <br />of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be <br />subject to the Grievance Procedure. Performance evaluations and Letters of Reprimand shall not <br />be subject to the grievance procedure. Complaints of harassment, discrimination, and retaliation <br />based on protected class or activity shall be handled in accordance with City's policy against <br />Workplace Harassment, Discrimination and Retaliation and shall not be subject to the grievance <br />procedure. Complaints of harassment, discrimination, and retaliation for Association activity shall <br />be grievable. <br />21.1.2 A working day is any day that the City's offices are open for business. <br />21.2 Procedure <br />Grievances as defined in Article 21.1 above shall be processed only in the following manner: <br />21.2.1 Any employee who believes that he or she has a grievance may discuss the grievance with the top <br />management official in the employee's department, or with such subordinate management official <br />as the department head may designate, within twenty (20) working days of the event leading to the <br />grievance or within twenty (20) working days of the date the employee knew or should have known <br />about the event leading to the grievance, whichever is later. If the issue is not resolved within the <br />department, the procedures hereinafter specified may be invoked. <br />27 <br />