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<br /> 20.4.3 The City shall continue to provide an employee assistance program for the <br /> duration of this Agreement. This program will be provided for employees who <br /> have problems with drugs and/or alcohol. The City and the Association agree <br /> that every effort shall be made by the City and the Association to refer <br /> employees who have such problems to this counseling service for assistance. In <br /> the event that the employee refuses to participate in such counseling or in the <br /> event the drug and/or alcohol problem is not resolved through such counseling, <br /> the City reserves the right to take disciplinary action against the employee, up to <br /> and including dismissal. <br /> 20.4.4 The City may compel an employee who is unable to perfonn the duties of <br /> his/her position to submit to a medical examination on the City's time by a <br /> doctor selected by the City and paid at the City's expense. The City and the <br /> Association agree to exchange ideas and infonnation regarding the <br /> establishment of a City Alcohol and Drug Abuse Policy during the tenn of this <br /> Agreement. <br /> ARTICLE 21 <br /> GRIEVANCE PROCEDURE <br /> 21.1 Defiaition <br /> 21.1.1 A grievance shall be defined as any dispute which involved the interpretation <br /> or application of any provision of this Memorandum of Understanding during <br /> its tenn, excluding all ordinances, resolutions, rules and regulations, the subject <br /> of which is not specifically covered by the provisions of this Memorandum. <br /> Such excluded ordinances, resolutions, rules and regulations shall not be subject <br /> to the Grievance Procedure. Perfonnance evaluations and Letters of Reprimand, <br /> shall not be subject to the grievance procedure. <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 Section 21.1 above shall be processed only in the following <br /> manner: <br /> 21.2.1 Any employee who believes that he/she has a grievance may discuss the <br /> grievance with the top management official in the employee's department, or <br /> with such subordinate management official as the department head may <br /> designate. If the issue is not resolved within the department, the procedures <br /> hereinafter specified may be invoked. <br /> 31 <br /> .- ,.. .. -..,.. ._. .---...... ...~ ~--..._.._, <br />