or within, the intent to arbitrate, required in Section 2, above. The failure to provide a determination as to merit simultaneously with, or within, the intent to arbitrate shall be considered as if the FOP determined that the grievance does not have merit, and the City shall cease processing the grievance and the grievance shall not be submitted to arbitration. E. Any determination by the FOP that a grievance has merit may later be withdrawn by the FOP. If the FOP later withdraws its determination of merit, the FOP will promptly notify the City and the member. The City will thereafter have no obligation to process the grievance and may no longer participate in any arbitration. Any fees associated with cancelling an arbitration pursuant to a withdrawn determination of merit shall be borne by the grievant. F. The above process does not alter any time frame contained in Section 2 of this Article. The time frames provided therein are of the essence.
ARTICLE 38 PHYSICAL AND MENTAL FITNESS Section 1. Agreed Objective. The parties agree and mutually recognize the importance of continuing physical and mental fitness for members. Section 2. Physical Examinations. Members agree to undergo physical examinations, by providers of the Department's choice and at its request and expense, no more than once during each year of employment, or whenever a superior officer so requests because of a reasonable belief, based on objective considerations, that there is a legitimate concern as to the member's physical fitness for duty. Section 3. Determinations of Mental Fitness. Members agree to undergo examinations to determine their continuing mental fitness for duty whenever a superior officer so requests because of a reasonable belief, based on objective considerations, that there is a legitimate concern as to the member's mental fitness for duty. Section 4. The member shall be entitled to be informed of the reason giving rise to the fitness for duty evaluation. If practicable, the City shall provide notice to the FOP prior to notifying the member that the member will be subject to a physical or mental examination. After examination, upon request, by the member subject to the fitness for duty examination, the City shall grant that member access to read the examination report or summary. Section 5. Expedited Arbitration. A. Request Time Limit. Within twenty-four (24) hours after a superior officer's request, under Section 2 or Section 3 of this Article, for an examination, the member to be examined shall be entitled to request, in writing, an expedited determination of his/her objections to the examination by a mutually agreed upon outside party, to hear and
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