Agmt19 MOU Service Employes International Union Local 521

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and no arbitrator shall have the power to amend or modify this MOU or written agreements or agenda supplementary hereto or to establish any new terms or conditions of employment. 26.3 All grievances involving or concerning the payment of compensation shall be initially filed in writing with the Personnel Officer within twenty (20) working days of the time that the employee becomes aware shall be implemented or reasonably should have become aware of the act or rise to the grievance. Except in cases involving reclassification, as provided for in Article 12 of this Agreement, no adjustment shall be retroactive for more than sixty (60) days from the date upon which the grievance was filed. Only grievances, which allege that employees are not being compensated in accordance with the provisions of this MOU, shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and, if not detailed in the MOU which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No changes in the MOU or interpretations thereof (except interpretation resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union. 26.4 No changes in the MOU or interpretations thereof (except interpretation resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union. ARTICLE 27.OUTSIDE EMPLOYMENT 27.1 Employees may engage in employment outside the City, as long as such employment is not inconsistent or in conflict with duties as a City employee, nor detrimental to the interest of the City. 27.2 In order to avoid perceived or actual conflicts of interest that may arise from outside employment, all employees shall notify the City Manager, in writing, of their intent to engage in outside employment. Such notification shall occur at least ten (10) calendar days prior to engaging in any outside employment as described in this policy. If the City Manager determines there is a conflict, he/she shall notify the affected employee. 27.3 Denial of outside employment by the City Manager may be grieved in accordance with the grievance procedure in this MOU, up to Level III (Personnel Officer). 27.4 The notification requirement in Section 27.2 shall not apply to passive activities defined by the IRS as any rental activity or business in which the taxpayer does not materially participate, as well as investing and/or gambling activities, and any activity wherein the employee eams less than five hundred dollars ($500), i.e. yard sales, recycling aluminum, selling photographs, etc. 27.5 The City shall limit the number of Non -Regular appointments by making regular appointments whenever possible. ARTICLE 28 • CONTRACTING OUT 28.1 The City will notify the Union in writing at least sixty (60) days prior to contracting work which has been customarily and routinely performed by bargaining unit employees, where such contracting will result in layoff or permanent reduction in hours. Within such sixty (60) day period the Union will have the opportunity to M