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6.K. - Page 76 of 190 <br />any condition that interferes with the face to face piece seal or valve function. <br />Therefore, mustaches, or other facial hair, are not to interfere with the seal or <br />valve function of a face mask. <br />21.3 Each employee covered by this MOU agrees to comply with all safety rules and <br />regulations in effect and any subsequent rules and regulations that may be <br />adopted. Employees further agree that they will report all accidents and safety <br />hazards to the appropriate management official immediately. Any employee <br />having knowledge of, or who is a witness to, an accident shall, if requested, <br />give full and truthful testimony as to same. <br />21.4 The Union may appoint two (2) employees of the Fire Department to the Fire <br />Department Safety Committee, <br />SECTION 22 •- GRIEVANCE PROCEDURE <br />22.1 "Grievance" Defined <br />A grievance shall be defined as any dispute arising during the term of the MOU <br />which involves the interpretation or application of any provision of this MOU <br />during its term, excluding all ordinances, resolutions, rules and regulations, the <br />subject of which is not specifically covered by the provisions of this MOU. Such <br />excluded ordinances, resolutions, rules and regulations shall not be subject to <br />the grievance procedure. Performance evaluation shall not be subject to the <br />grievance procedure. Complaints of harassment, discrimination, and ,retaliation <br />based on protected class or activity shall be handled in accordance with City <br />policy against workplace harassment,_ discrimination and_. retaliation, as <br />periodically amended, and shall not be subject to the grievance procedure. <br />22.2 Grievance Level I - Initial Discussions <br />Any employee who believes that he/she has a grievance shall present his/her <br />complaint to the top management official in the department in which he/she <br />works, or with such subordinate management official as the department head <br />may designate. The grievance must be presented within fifteen <br />15 calendar days after the grievant knew, or reasonably should have known, <br />of the circumstances which form the basis for the grievance, If the issue is not <br />resolved within the department, or if the employee elects to submit his/her <br />grievance directly to an official of the employee organization which is formally <br />recognized as the representative of the classification to which he/she is <br />assigned, the procedures hereafter specified may be invoked. <br />22.3 Grievance Level II - Referral to Personnel Officer <br />Any union represented employee or any official of the employee organization <br />which has been formally recognized by the City and which has jurisdiction over <br />any position directly affected by the grievance, may notify the Personnel Officer <br />65 <br />319 <br />