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mustaches, or other facial hair, are not to interfere with the seal or valve function <br />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, give <br />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 (15) calendar <br />days after the grievant knew, or reasonably should have known, of the <br />circumstances which form the basis for the grievance. If the issue is not resolved <br />within the department, or if the employee elects to submit his/her grievance <br />directly to an official of the employee organization which is formally recognized <br />as the representative of the classification to which he/she is assigned, the <br />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 />and the Department Head in writing that a grievance exists, and in such <br />50 <br />