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of a prescribed drug in a manner and to a degree that impairs the employee's <br />work performance or the ability to use City property or equipment safely. <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 perform 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 information regarding the <br />establishment of a City Alcohol and Drug Abuse Policy during the term of this <br />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 <br />or application of any provision of this Memorandum of Understanding during its <br />term, excluding all ordinances, resolutions, rules and regulations, the subject of <br />which is not specifically covered by the provisions of this Memorandum. Such <br />excluded ordinances, resolutions, rules and regulations shall not be subject to <br />the Grievance Procedure. Performance 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 />