MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF UNION CITY
AND
OPERATING ENGINEERS, LOCAL 3:
PROFESSIONAL EMPLOYEES’ GROUP
January 1, 20252 through December 31,
20274
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 ii
TABLE OF CONTENTS
1.0 RECOGNITION................................................................................................................... 1
1.01 RECOGNITION ................................................................................................................. 1
1.02 NO DISCRIMINATION..................................................................................................... 1
1.03 CONTRACTING OUT....................................................................................................... 1
1.04 MEETING FACILITIES..................................................................................................... 2
1.05 UNIT REPRESENTATION ............................................................................................... 2
2.0 COMPENSATION............................................................................................................... 3
2.01 COMPENSATION ............................................................................................................. 3
2.02 ACTING PAY..................................................................................................................... 4
2.03 CALL-BACK PAY AND OVERTIME .............................................................................. 4
2.04 MEAL ALLOWANCE ....................................................................................................... 5
2.05 BILINGUAL PAY .............................................................................................................. 5
3.0 LEAVE .................................................................................................................................. 5
3.01 ADMINISTRATIVE LEAVE (FOR FLSA EXEMPT EMPLOYEES)....................................... 5
3.02 BEREAVEMENT LEAVE................................................................................................. 7
3.03 HOLIDAYS ........................................................................................................................ 7 A. CHRISTMAS EVE OBSERVANCE..................................................................................... 8 B. COMPENSATION FOR HOLIDAYS WORKED................................................................ 8
3.04 JURY LEAVE..................................................................................................................... 8
3.05 MILITARY LEAVE ........................................................................................................... 8
3.06 OCCUPATIONAL INJURY LEAVE................................................................................. 8
3.07 PERSONAL LEAVE .......................................................................................................... 9
3.08 SICK LEAVE...................................................................................................................... 9
3.09 UNPAID LEAVE OF ABSENCE..................................................................................... 10
3.10 VACATION...................................................................................................................... 10 A. Vacation Sell back ............................................................................................................ 11
4.0 PROBATIONARY PERIOD............................................................................................. 12 OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 iii
5.0 HEALTH AND WELFARE BENEFITS ......................................................................... 12
5.01 MEDICAL PLAN ............................................................................................................. 12
5.02 WEEKLY INCOME PLAN.............................................................................................. 13
5.03 LIFE INSURANCE........................................................................................................... 13
5.04 LONG-TERM DISABILITY............................................................................................ 13
5.05 COORDINATION OF BENEFITS................................................................................... 13
6.0 RETIREMENT BENEFITS.............................................................................................. 14
6.01 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)........................................... 14 A. CLASSIC MEMBERS ....................................................................................................... 14 B. NEW MEMBERS .............................................................................................................. 14
6.02 MILITARY BUYBACK................................................................................................... 15
7.0 MISCELLANEOUS PROVISIONS ................................................................................. 15
7.01 EDUCATIONAL REIMBURSEMENTS......................................................................... 15
7.02 FLEXIBLE SCHEDULING ............................................................................................. 15
7.03 SAFETY SHOE/EQUIPMENT PURCHASE .................................................................. 15
7.04 ACCESS TO THE MEMORANDUM OF UNDERSTANDING..................................... 16
7.05 JOB DESCRIPTIONS....................................................................................................... 16
8.0 GRIEVANCE PROCEDURE ........................................................................................... 16
9.0 MISCELLANEOUS........................................................................................................... 18
10.0 SEVERABILITY.............................................................................................................. 18
11.0 SURVEY DATA ............................................................................................................... 18
12.0 DURATION ...................................................................................................................... 18 APPENDIX A: BARGAINING GROUP CLASSIFICATIONS.......................................... 19 OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 1
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF UNION CITY
AND
UNION CITY PROFESSIONAL EMPLOYEES
We, the undersigned, duly appointed representatives of Union CityOperating Engineers Local Union #3 Professional Employees Group, hereinafter referred to as the "Professional GroupUnion", and the City of Union City, hereinafter referred to as "City," having met and conferred in good faith, do hereby jointly prepare, and execute this Memorandum of Understanding. It is understood that the provisions herein set forth supersede previous Memoranda affecting the Professional GroupUnion as well as other terms and conditions set forth in resolutions and ordinances referenced herein.
1.0 RECOGNITION
1.01 RECOGNITION
The City recognizes the Professional GroupOperating Engineers Local Union #3 as the sole and exclusive bargaining representative for the full-time classification listed in Appendix A as well as any new, related classifications created on or after January 1, 19992025, upon mutual consent between the City and the Professional GroupUnion The Professional GroupUnion represents City employees whose job classifications require a significant amount of education, training, or experience and/or a license or certificate from a state or private authority.
1.02 NO DISCRIMINATION
The City and the Union Professional Group agree that they shall not discriminate in any way on account of race, creed, sex, age, national origin, political affiliation, or handicap status.
1.03 CONTRACTING OUT
The City agrees to notify the Professional GroupUnion at least sixty (60) days prior to contracting out work which will result in the reduction of positions or lay off of members. The City will advise the Professional GroupUnion of any requests for proposals issued for work.
The City will give the Professional GroupUnion three (3) weeks' notice prior to contracting out work, which does not result in a reduction in force. When the City contracts out work not resulting in a reduction in force/layoff and unless extraordinary circumstances exist (pending reorganizations, hiring freeze(s), pending classification studies, etc.) such contracts shall not exceed (6) months, and shall not be made higher than the hourly equivalent of mid ("C/3") step of the respective pay range.
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 2
1.04 MEETING FACILITIES
The City shall reasonably make available conference rooms, other meeting areas, and virtual platforms for the purpose of holding Unit meetings during off-duty time periods at no cost to the UnitUnion. Requests for such facilities must follow established procedures with appropriate City representatives, and whenever possible, notice shall be given by the Unit Union forty-eight (48) hours in advance of a meeting in a conference room or other meeting area.
1.05 UNIT REPRESENTATION
The Unit Union may select threewo (32) bargaining unit leaders members to be stewards of the Unionfrom our bargaining unit. The Unit Union shall promptly advise the City Manager or designee in writing of the names of the unit leadersstewards. Unit leadersStewards will be allowed reasonable time off during regular work hours without loss of compensation or other benefits when engaged in investigating and assisting employees at their work location in the resolution of grievances.
Unit leadersStewards shall be granted reasonable access to employee work locations upon advising appropriate management personnel. The City shall further allow a total of four (4) Unitbargaining unit members to participate as the reasonable number of Unit Union negotiating team memberswith reasonable time off during regular working hours without loss of compensation or other benefits when engaged in negotiations with City representatives. The City and Unit the Union further agree that good labor relations are fostered and maintained through prompt, decisive, and fair adjustment of individual grievances at the lowest possible administrative level.
The City agrees to notify the Unit leadersUnion each month of all new or promoted employees hired into positions represented by the UnitUnion. The City shall provide inform each newly hired or promoted represented employee that their classification is represented by the Union and provide a link to the current with a copy of the Memorandum of Understanding.
The City shall provide a reasonable release time to the Unit leader or their designeeone steward to make a 15-minute presentation about PEGthe Union.
1.06 DUES DEDUCTION
The City agrees to deduct, on a bi-weekly basis, current and periodic Union dues from the pay of each employee who has heretofore or shall hereafter voluntarily execute and deliver to the Union the payroll deduction authorization card provided by the Union for this purpose.
The employee’s earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When an employee is in unpaid status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in unpaid status OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 3
during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions have priority over Union dues.
The Recording Secretary of OE3 shall notify /Payroll and Human Resources in writing as to the amount of such dues uniformly required of all members of the Union.
Monies withheld by the City shall be transmitted to the Officer designated in writing by the Recording Secretary of the Union as a person authorized to receive such funds, at the address specified. The Union shall indemnify, defend and hold the City harmless against any claims made, and against any suit instituted against, the City on account of deduction of Union dues and/or the other provisions of this Article. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.
2.0 COMPENSATION
2.01 COMPENSATION
• Effective the first payroll full pay period following the City Council approval of this Agreement, all classifications in the bargaining unit shall receive a 3.0% salary increase.
In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of the first full pay period in January through the implementation of the three percent (3%) salary increase referenced above.
• Effective the first payroll after full pay period in January 1 st
, 20263, all classifications in
the bargaining unit shall receive a 3.0% salary increase. • Effective the first payroll after full pay period in January 1 st
, 20274, all classifications in
the bargaining unit shall receive a 3.0% salary increase.
EQUITY ADJUSTMENTS;
Effective the first full pay period following City Council approval of this Agreement, the City will provide a market equity adjustment increase for all classifications in the bargaining unit of two percent (2%).
Effective the first full pay period following City Council approval of this Agreement, the following classifications shall receive a one-time equity adjustment to the base rate:
Position Adjustment
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 4
INTERVENTION COUNSELOR (PEG) 1.4%
INTERVENTION COUNSELOR LIMITED TERM (PEG) 1.4%
Effective May 30, 2022, following City Council approval, the following classifications shall receive a one-time equity adjustment to the base rate:
Position Adjustment
Accountant 3.07%
Assistant Planner 4.14%
Associate Planner 1.2%
Case Manager 2.67%
Engineer I 6.26%
Engineer II 3.48%
Engineer III 4.9%
Payroll Tech 4.26%
Rec Supervisor 7.44%
The Professional GroupUnion agrees to allow mandatory direct deposit for all Professional Groupbargaining unit members to be maintained upon ratification of this MOU.
Salary Step increases shall be implemented in the following manner:
• An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have their step increase implemented on the first day of the pay period during which the anniversary date occurs. • An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have their step increase implemented on the first day of the following pay period.
2.02 ACTING PAY
An employee assigned in writing by the department head or their designee and who pursuant to such assignment does assume and perform all of the ordinary day-to-day duties and responsibilities of a position of higher classification for three (3) or more cumulative working days, shall be paid an additional five percent (5%) of the regular pay of their own classification, or the first step of the higher classification, whichever is greater for such time worked in the higher classification.
2.03 CALL-BACK PAY AND OVERTIME
An employee called back to work on their day off or called back to work after he/she has completed their regular shift working day and has left their place of employment shall be paid a minimum of two (2) hours at time and one-half of their regular hourly rate of pay.
It is expressly understood an employee who works overtime immediately subsequent to OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 5
their regular work shift, or an employee who works scheduled overtime immediately subsequent priorto their regular work shift will be compensated at the overtime rate of pay forthe time actually worked, with no minimum number of hours of overtime guaranteed. All time worked beyond a normal workday shall be paid at time and one-half the straight time pay or accumulated as compensatory time off at time and one-half straight time rate. An employee may select compensatory time off in lieu of pay for overtime. In such a case, compensatory time off may be accrued to a maximum of two hundred forty (240) hours.
Hours earned beyond the maximum will be paid out in the employee's paycheck.
Compensatory hours may be cashed out up to 120 hours at the end of the fiscal year only provided 80 hours of vacation and compensatory have been used.
2.04 MEAL ALLOWANCE
A meal allowance of $1510.00 shall be given, or at the option of the City, an equivalent meal provided an employee who works two or more hours immediately following a regular shift, and for each four (4) hours thereafter. If a meal is eaten, the receipt for the meal must be submitted for reimbursement.
2.05 BILINGUAL PAY
The City will compensate each Professional Employee Groupbargaining unit member one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing bilingual skills, oral and written. All employees requesting compensation under this agreement must pass a City test. The test may examine the employee's ability to converse fluently, read and/or write in a language other than English.
The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.
3.0 LEAVE
3.01 ADMINISTRATIVE LEAVE (for FLSA Exempt Employees)
In lieu of paid overtime, FLSA Exempt Professional employees shall receive seventy (70) hours of Administrative Leave at the beginning of each fiscal year. In addition, those FLSA Exempt Professional employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond seventy (70) hours per fiscal year shall be eligible for an additional forty (40) hours per fiscal year of Administrative Leave for a total of one hundred ten (110) hours.
The guidelines for making use of Administrative Leave will be as follows:
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 6
1. Personnel shall submit a memorandum requesting time off under Administrative Leave Provisions. Such requests shall be submitted directly to their department heads.
Department heads will approve or deny the request based upon operational needs.
2. The use of Administrative Leave is not automatic and is subject to approval as stated above.
3. Administrative Leave is based on the City's fiscal year and therefore runs from July 1 to June 30.
4. For fiscal year 2021-2022, unused Administrative Leave may be accumulated up to a maximum of two hundred and forty (240) hours or may be cashed out as requested by the employee at the end of the fiscal year only. Said payment shall be based upon the employee's salary rate at the time of the cash out request. The unused 240-hour accumulation does not include the Additional Administrative Leave identified in Section
2.01(8) below.
5.4.Effective calendar year 2023, and every calendar year thereafter, uUnder the following conditions FLSA exempt employees may make an irrevocable election to sell back to the City accrued administrative leave per fiscal year at the employee’s base rate of pay. FLSA exempt employees may make an irrevocable election to sell back to the City up to seventy (70) hours. At the time ofTo remain eligible for distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months. •
• Requests to sell back administrative leave must be received by Payroll Human Resources no later than December 31 of each year for the following year’s election and will be paid out prior to the last pay period of the fiscal year.
These criteria are evaluated at the end of the eleventh (11th) pay period of each calendar year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
6.5.Administrative Leave for employees hired after July 1 or leave prior to June 30th of the following year will be prorated.
7.6.Employees may not use Administrative Leave during their first six (6) months of service.
Exceptions to this rule may be granted by Department Heads and the City Manager.
8.7.The first 10 (ten) hours of additional Administrative Leave awarded will be deposited in the same leave bank as regular, recurring Administrative Leave, (70 hours). Additional Administrative Leave awarded above 10 hours will be loaded in a separate Administrative OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 7
Leave bank and must be used during the fiscal year awarded. These hours are awarded for the prior year's work and may not be accumulated or cashed out.
9.8.Upon separation from the City or upon the start of an extended leave from City employment (e.g. military duty, etc.), employees shall receive cash payment on a prorated basis for unused Administrative Leave. Said payment(s) shall be based upon the employee's accrued Administrative and base salary rate at the time of separation or upon the start of an extended leave from City employment.
The award of Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager.
3.02 BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed (5) workdays upon the death of an employee's immediate family. The five days may be taken non-consecutively. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, stepfather, stepmother, stepchild, domestic partner, and other individuals residing in the household for whom the employee has legal guardianship. In addition, employees may be granted one (1) workday paid bereavement leave to attend the funeral of a close relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above.) or “designated person” as defined by CFRA. Employees may identify the designated person at the time they request leave from work. Employees may only have one (1) designated person within any twelve (12) month period. Employees shall also be granted time off to attend funerals of fellow employees consistent with the operating requirements.
3.03 HOLIDAYS
The City shall observe the following guaranteed holidays:
New Year's Day January 1
Martin L. King Jr. Birthday 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day 3rd Monday in May
Juneteenth (beginning calendar year
2023) June 19
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in
November
Friday after Thanksgiving 4th Friday in November
Christmas Eve December 24
Christmas Day December 25
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 8
Effective fiscal year 2022-2023, each employee shall also be granted 24 hours floating holiday time each fiscal year, which may be scheduled for use upon approval. All floating holidays must be used within the fiscal year earned and may not be cashed out. In the event a designated holiday falls upon a normal day off, which is a Saturday, the employee shall observe the previous day off as the holiday. In the event a designated holiday falls on a normal day off, which is a Sunday, the employee shall observe the following day as the holiday.
Should the holiday fall on a Dark(non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee’s floating holiday bank in the pay period immediately before the holiday.
A. CHRISTMAS EVE OBSERVANCE
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is then observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday and the Christmas Eve holiday is observed on Friday.
B. COMPENSATION FOR HOLIDAYS WORKED
Prior approval for holiday work must be obtained from the City Manager, except in an emergency situation where said approval cannot be obtained. Work performed on a holiday shall be compensated at time and one-half the straight time hourly rate, in addition to regular salary.
3.04 JURY LEAVE
An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Employees shall not be required to report to work on any day when responding to said summons. Employees are required to submit verification of jury leave attendance to their supervisor promptly upon return to work. The juror badge attached to the jury summons notice does not qualify as verification of attendance.
3.05 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give their department head an opportunity within the limits of military requirements, to determine when such leave shall be taken.
3.06 OCCUPATIONAL INJURY LEAVE
For employee injury or disability falling within the provisions of the State Worker's Compensation Disability Act, additional compensation equal to the difference between eightyfive percent (85%) of said employee's regular pay and their disability compensation allowance OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 9
shall be paid for a total not to exceed one hundred seventy-six (176) hours per year, or equal to one-half the amount of the employee's accumulated sick leave, whichever is greater as of July 1 of each fiscal year. In no case shall the employee's compensation while on occupational injury leave be less than the employee's regular pay, nor shall the employee's compensation while on occupational injury leave be greater than the employee's regular pay. Included in the calculation of the one hundred seventy-six (176) hours granted will be compensation for any waiting period, however, not included would be related medical appointments. Following exhaustion of this benefit, an employee may utilize accumulated sick leave to the extent available to make up the difference between said employee's regular pay and their disability compensation insurance.
3.07 PERSONAL LEAVE
The City shall convert twenty (20) hours per fiscal year of accumulated sick leave to Personal Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. A maximum of eight (8) hours, not used during the fiscal year, may be accumulated in addition to the regular twenty (20) hour allowance, increasing the Personal Leave allowance to twenty-eight (28) hours within a fiscal year. In addition, for employees who have accumulated a minimum of one hundred (100) hours of sick leave on July 1 of the fiscal year, the City will convert may utilize eight (8) additional hours of accumulated sick for to Personal Leave during the ensuing fiscal year. For Eemployees who have accumulated two hundred (200) hours of sick leave by the beginning of the fiscal year, the City will convert may utilize twelve (12) additional hours of accumulated sick leave for to Personal Leave purposes. Personal Leave hours credited under this provision are non-cumulative.
The maximum number of Personal Leave hours available in any fiscal year is forty (40) hours, for an employee who is credited with the annual twenty (20) hours, accumulated the allowable eight (8) hours and is eligible for the additional twelve (12) hours if he/she has a cumulative balance of 200 sick leave hours on July 1st. The employee must request Personal Leave at least 48 hours (2 days) prior to time of utilization. In cases of need, the immediate supervisor may waive the 48-hour notification procedure.
3.08 SICK LEAVE
Employees shall earn eight (8) hours sick leave per month (3.69 hours per pay period) without limit on accumulation. Employees absent without pay for more than thirty-six (36) hours during a two week pay period shall not earn sick leave benefits for that pay period. Sick leave shall be taken in periods of no less than one- quarter hour.
Professional employees shall be allowed to convert sixty (60) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a balance of four hundred eighty (480) hours of Sick Leave. Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year.
1. Utilization
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 10
Sick leave may be utilized due to the employee's personal sickness, injury, maternity leave, sickness or injury in the immediate family, in accordance with the provisions outlined in Administrative Policy Memorandum No. 21, Administration of Sick Leave, which shall serve as the operating guideline for both employees and management. Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on nonwork hours. If this is not possible, sick leave may be used for these purposes for a minimum of one hour and shall not exceed four (4) hours except in unusual circumstances.
2. Notice and Certification
In order to receive compensation while absent on sick leave, the employee or someone on their behalf shall notify their immediate supervisor prior to or within one (1) hour after the time set for reporting to work except in extenuating circumstances. When an absence is three (3) consecutive workdays or more, the employee may be required to file a physician's certificate confirming period(s) of disability due to illness/injury with the supervisor for forwarding to the Human Resources Director. When absence, is for three (3) consecutive workdays or more and is due to sickness or injury in the immediate family, the employee is required to file a physician's certificate stating family member's period(s) of disability due to illness/injury with the supervisor for forwarding to the Human Resources Director.
3.09 UNPAID LEAVE OF ABSENCE
The City Manager, upon written request of a full-time employee other than a probationary employee, may grant for the good of the service, a leave of absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved leave of absence without pay for an additional period, said extension not to exceed an additional one (1) year. Leave may be granted if it does not have an unduly adverse impact on the service, the purpose of the leave would be beneficial to the City, or would meet some pressing and extreme need of the employee. Leave hereby authorized may include major medical or disability leave, educational leave, maternity leave, and leave for any other purpose promoting the good of the service. Whenever granted, such leave shall be in writing and signed by the City Manager.
Upon expiration of such a leave, the employee shall be reinstated to the position held at the time the leave was granted and said employee shall retain their rights based on years of service earned prior to the leave of absence. Failure of the employee to report promptly at the expiration of the leave of absence or within a reasonable time after notice to return to duty shall terminate their right to be reinstated.
3.10 VACATION
Vacation leave shall be earned by all employees at the rates indicated in the following table.
Employees may not use vacation leave during the first six months of service except during the Holiday Furlough period between Christmas Day and New Year's Day when City offices are OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 11
closed to the public. Employees absent without pay for more than thirty-six (36) hours during a pay period do not earn vacation benefits for that pay period.
Years of Completed
Service
Bi-Weekly Accrual Rate Annual Accrual Rate
0-3 Years 3.08 hours 80 hours
4-8 Years 4.62 hours 120 hours
9-12 Years 5.38 hours 140 hours
13-15 Years 6.15 hours 160 hours
16+ years 7.69 hours 200 hours
Employees shall accrue vacation leave time based on years of service and may accumulate up to two (2) times the annual accrual rate based on years of completed service.
Employees shall provide notice to their supervisor prior to taking vacation consistent with the table below.
Amount of Vacation
Requested
Prior Notice Required
40-hour or more 2 weeks
Less than 40 hours Day for day proportional period with a minimum of 24 hours (e.g. 3-days requested-3 days prior notice)
The supervisor may waive these notification periods.
A. Vacation Sell back
For calendar year 2022, employees shall have the option of receiving an annual cash payment for up to eighty (80) hours of Vacation Leave provided an eighty 80-hour vacation balance is maintained after cash out. Employee request for cash payment must be submitted to the Payroll Administrative Services Department no later than June 1st and cash payment shall be made at the end of the fiscal year.
Effective calendar year 2023, uUnder the following conditions employees may make an irrevocable election to sell back to the City up to eighty (80) hours of accrued vacation leave per year at the employee’s base rate of pay. At the time ofTo remain eligible for distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation and/or administrative leave in the preceding twelve (12) months. • The employee must have a remaining balance of at least forty (40) hours following the sell back.
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 12
These criteria are evaluated at the end of the eleventh (11th) pay period of each calendar year.
Requests to sell back vacation leave must be received by Payroll Human Resources no later than December 31 of each year, for the following year’s election and will be paid out prior to in the last pay period of the fiscal year.
The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.
Employees shall receive cash payment for unused vacation, payable at their current salary rate at the time of separation.
4.0 PROBATIONARY PERIOD
The probationary period for all Professional Groupbargaining unit employees shall be 2080 hours (12 months).
5.0 HEALTH AND WELFARE BENEFITS
5.01 MEDICAL PLAN
The City shall contribute to the cafeteria plan, up to Two Thousand Dollars ($2000) per month toward the cost of medical, dental, and vision premiums for all bargaining unit members, regardless of the plan in which they are enrolled. This monthly contribution includes the City’s basic employer contribution for health premiums under PEMCHA which City Council Resolution No. 2279-02 set as the minimum required under PEMCHA. Employees shall pay premium costs exceeding the City's maximum contribution amount.
Effective the first pay date of the month following City Council approval of this Agreement, the City shall increase its contribution to the cafeteria plan up to Two Thousand Two Hundred dollars ($2,200) per month for each bargaining unit member.
Effective the first pay date of 2027, the City shall increase its contribution to the cafeteria plan up to Two Thousand Two Hundred Fifty dollars ($2,250) per month for each bargaining unit member.
The City agrees to advance the cost of medical, dental, and vision premiums when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months and shall be due and payable to the City within six months of return to work or upon termination. Retirees may elect to continue coverage with the group medical plan at the retiree's cost, if approved by CalPERS.
Employees who are also covered for medical benefits through a spouse's or other alternative medical insurance coverage may elect not to enroll in a city group medical plan. In lieu of medical insurance premiums, the City will pay the employee who waives coverage, the amount OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 13
of three hundred and fifty ($350)$300.00 per month or $138.46 per pay period. Employees may elect to receive this payment in cash, paid directly to the employee in their normal paycheck, or to have this amount deposited into the employee's deferred compensation account. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Department. Retirees may elect to continue coverage with the group medical plan.
The City will contribute to PERS health insurance premiums, for retirees who were covered by an MOU between the City and PEG the Union at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City's basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.
The Professional Employees GroupUnion agrees to meet and confer with the City regarding the potential restructuring of employee medical insurance benefits, with the understanding that such discussions are not intended to reduce employee benefits, but rather, to assist the City in controlling its medical insurance costs and increase administrative flexibility.
5.02 WEEKLY INCOME PLAN
The City agrees to pay a maximum of $12.50 per month for premium for disability insurance coverage for represented employees. Employees shall be responsible for payment of monthly premiums in excess of $12.50.
5.03 LIFE INSURANCE
The City agrees to provide life insurance and AD&D coverage of $100,000.
5.04 LONG-TERM DISABILITY
The City agrees to pay $12.50 per month per employee for long-term disability insurance coverage, which provides 60-day elimination period, and 60% benefits for a maximum monthly payment of $7,000 at age 65. The City and the employee shall pay any increase in the monthly premium in excess of $12.50 per month equally.
5.05 COORDINATION OF BENEFITS
It is expressly understood that if eligibility for Weekly Income Plan and LTD overlaps, the LTD program benefit level shall be maintained as long as the same insurance carrier provides both plans.
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 14
6.0 RETIREMENT BENEFITS
6.01 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS)
A. CLASSIC MEMBERS
Consistent with its historical practice, the City paysto CalPERS the fullshare ofthe employee contributions to CalPERS and reports the payments as Employer Paid Member Contributions (EPMC). For classic members receiving payments based on the 2.5%at 55 formula, these payments are equal to 8% of the member employees' reportable income.
For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees' reportable income.
2.5% at 55: Classic Members hired prior to November 24, 2010, are provided benefits under the CalPERS 2.5% at 55 retirement formula. Beginning June 5, 2006, the City and PEG agreed to employee cost-sharing. The historical cost-sharing payments made by these employees is asfollows:
• Effective June 5, 2006, 3.5%.
• Effective July 26, 2010, 4.5%.
• Effective February 12, 2013, 8%.
• EffectiveMay25,2015,8.5%.
• Effective June 22, 2015, 9%.
• Effective June 20, 2016, 9.5%.
2% at 60: Employees hired on or after January 1, 2011, are provided benefits under the CalPERS 2% at 60 retirement formula.The Parties also agree to employee cost-sharing to cover a portionofthe costs oftheCity'sCalPERS contributions.The historical cost-sharing paymentsmade bythese employeesisasfollows:
• Effective January 1, 2011, 7%.
• EffectiveMay25, 2015, 7.5%.
• Effective June 22, 2015, 8%.
• Effective June 20, 2016, 8.5%.
B. NEW MEMBERS
CalPERS new members hired by the City on or after January 1, 2013, are provided pension benefits using a 2.0% at 62 formula effective January 1, 2013. CalPERS new member employees have historically contributed to the CalPERS system at the following rates:
• Effective January 1, 2013, 7%
• Effective May 29, 2015, 7.5%
• Effective July 1, 2015, 8%
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 15
• Effective July 1, 2016, 8.5%
6.02 MILITARY BUYBACK
The City has amended the PERS contract to allow for the military buy-back provisions at employee’s cost.
7.0 MISCELLANEOUS PROVISIONS
7.01 EDUCATIONAL REIMBURSEMENTS
When an employee voluntarily and with prior approval of their department head, PEG Unit LeadersUnion steward, and the City Manager or designee undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training.
The reimbursement will be limited to an aggregate annual cap of $9,000 for all Professional Group bargaining unit members, to be distributed by the Professional GroupUnion in accordance with its own procedure. If the books are turned over to the City upon course completion, the City shall reimburse the employee for the costs of the books. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.
For purposes of this Section, costs incurred by employees for obtaining and maintaining professional certification or registration, including but not limited to AICP and Registered Civil Engineer status, shall be reimbursable so long as conditions of approval and course completion are met.
7.02 FLEXIBLE SCHEDULING
Flexible scheduling is available to employees when the schedule is mutually agreeable between the employee and the supervisor. Flexible scheduling may be implemented only when it is determined that such arrangements will not interfere with service delivery and general operational effectiveness. It is expressly understood that flexible scheduling shall not apply to any operation in which the staffing level is insufficient to provide continuous service availability during normal operating hours. Flexible scheduling shall include work from home agreements subject to the City’s Telecommute policy.
7.03 SAFETY SHOE/EQUIPMENT PURCHASE
The City agrees to pay eligible bargaining unit employees (those required to purchase and wear construction type, hard-soled boots to be worn on the job consistently) $300.00 in the second pay period of each fiscal year. The Safety Committee shall develop a list of available boots meeting these requirements. Classifications required to wear construction type, hard-soled boots consistently are:
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 16
• Engineer I, II, III
• Environmental Programs Inspector
• Senior Building/Code Compliance Inspector
• Building/Code Compliance Inspector
Employees who have occasion to wear construction type, hard-soled boots on an inconsistent or incidental basis, who believe that a City-paid pair of safety shoes are required or needs replacement, shall contact their department head or designee, who shall determine available allowance and authorize a safety shoe purchase.
An employee may elect to receive City-paid basic prescription safety glasses no more than once every two years, based on the employee's VSP eligibility period. "Basic prescription safety glasses are defined as those furnished with shatterproof lenses, scratch-resistant coating, tinting, and side shields, but not including cosmetic lens treatments such as grinding or upgraded frames."
7.04 ACCESS TO THE MEMORANDUM OF UNDERSTANDING
The City agrees to post a PDF copy of the approved Memorandum of Understanding and any Side Letter Agreement on the Human Resources SharePoint page accessed via the Union.
7.05 JOB DESCRIPTIONS
The City and Professional Groupthe Union agrees to jointly review all future amended and new job descriptions. The City agrees to give the Professional GroupUnion two weeks’ notice prior to submittal of the descriptions to the City Council for approval. Upon nNotice to the City, tThe Professional GroupUnion may request to meet and confer, regarding the modifications of current job descriptions or the creation of new job descriptions. No new or amended job descriptions shall be forwarded to the City Council or posted unless and until the Professional Group Union has had the opportunity to review them.
8.0 GRIEVANCE PROCEDURE
A grievance shall be defined as any dispute, which involves the interpretation or application of the agreement and scope of representation. At the time of initial filing of a grievance involving a disciplinary matter, the employee must elect to utilize either the grievance procedure contained in the Memorandum of Understanding or the grievance procedure outlined in the City Personnel Rules, Section 12.00. Election of either procedure shall preclude utilization of the other.
Grievance submitted in writing pursuant to this provision shall cite the section of the MOU alleged to have been violated. The parties recognize disputes shall be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or Professional Groupthe Union to bypass the initial steps if the case involves decision making at a higher administrative level.
OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 17
Step 1:
The employee and/or their representative may present the grievance informally, in writing, or orally, to the immediate supervisor within ten (10) working days of the occurrence of the dispute orten (10) working daysfrom such time asthe employee or Professional Groupthe Union could have reasonably been aware of the occurrence. The supervisor shall respond within ten (10) days of submittal by/or discussion with the grievant.
Step 2:
Should the grievance remain unresolved at Step 1, the grievance may be submitted to the department head or their designee within ten (10) working days of the discussion held in Step
1. A written response will be given to the employee and the Professional GroupUnion within seven (7) working days of submittal to the department head or their designee.
Step 3:
Should the matter remain unresolved, the grievance will be submitted to the City Manager or designee and assigned Professional Group representative (as selected by the Professional GroupUnion who shall meet within twenty (20) working days of receipt of the grievance from Step 2 and attempt to resolve the grievance. The City Manager or designee shall provide a written response within ten (10) working days of the date of the discussion with the Professional GroupUnion.
Step 4:
Should the matter remain unresolved, either party may request the involvement of a Factfinder within thirty (30) days of the meeting held in Step 3. The names of five (5) Factfinders shall be obtained from the State of Conciliation Service. The City and Professional Group the Union shall alternatively strike names from the list beginning by a coin flip until one name remains. The City and the Professional GroupUnion agree to divide the cost equally of said Factfinder. The Factfinder designated to hear the dispute shall be authorized to submit a recommendation to the parties to resolve the dispute. Said recommendation must be accepted by both the Professional GroupUnion and the City Council in order to become effective. In the event either party rejects the recommendation the action previously taken, or any compromise settlement reached in Steps 1 through 3 of the grievance procedure shall stand, or other action by the City Council, or the Professional GroupUnion may be considered.
The Factfinder shall have no power to make recommendation, which would change, add, delete, or otherwise amend this Agreement, Rules, Regulations or Resolution of the City by reason of their recommendation, but shall be limited to the interpretation thereof. Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of proceedings. In the case of employees, they shall be compensated at their regular rate of pay for actual time spent at such meetings. The time between the steps of the procedure may be extended by mutual agreement; all requests for and agreements to extend the deadline shall be confirmed in writing. Failure by the employee or Professional groupthe Union to follow the time limits unless extended by mutual agreement shall cause the grievance to be considered withdrawn. Failure by the City to follow time limits OE3 - Professional Employees Group (PEG) Memorandum of Understanding January 1, 2025 though December 31, 2027 Page 18
unless extended by mutual agreement shall cause the grievance to be settled in favor of the employee.
9.0 MISCELLANEOUS
The City agrees to continue all existing conditions and provisions of the current Memorandum of Understanding in full force and effect for the duration of the Agreement.
10.0 SEVERABILITY
Should any section, clause, or provision of the Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause, or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.
11.0 SURVEY DATA
The City shall conduct a salary survey for the benchmark classifications of the bargaining unit no later than August 31, 2027. The salary survey shall be designed to compare total compensation between similar positions in the established benchmark cities of Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City, and San Leandro.
The City agrees to make available to Professional Group bargaining representatives, all compensation and benefits comparison data compiled by the City’s negotiations team.
12.0 DURATION
This agreement shall continue in full force and effect from January 1, 20252, through December 31, 20274.
FOR THE CITY OF UNION CITY: FOR THE PROFESSIONAL
EMPLOYEES’ GROUPUNION:
Professional Employees Group (PEG) Appendix A
January 1, 2022 though December 31, 2024 Page 19
Appendix A: Bargaining Group Classifications
Number Classification Title FLSA
30060 Accountant Non-Exempt
30250 Assistant Planner Non-Exempt
30230 Associate Planner Non-Exempt
30053 Building/Code Compliance Coordinator Exempt
30090 Case Manager Non-Exempt
30600 Economic Development Coordinator Non-Exempt
30275 Emergency Services Coordinator Non-Exempt
30150 Engineer I (Civil) Non-Exempt
30130 Engineer II (Civil) Non-Exempt
30120 Engineer III (Civil) Non-Exempt
30030 Environmental Analyst I Non-Exempt
30031 Environmental Analyst II Non-Exempt
30040 Environmental Programs Inspector Non-Exempt
30095 Homeless Program Coordinator Non-Exempt
30080 Intervention Counselor Non-Exempt
30185 Lead Construction Inspector Non-Exempt
30066 Lead Payroll Technician Non-Exempt
30065 Payroll Technician Non-Exempt
30100 Recreation Supervisor Non-Exempt
30020 Senior Accountant Non-Exempt
30055 Senior Building/Code Compliance Inspector Non-Exempt 30210 Senior Planner Non-Exempt
30400 Senior Recreation Supervisor Non-Exempt
30260 Senior Systems Analyst Non-Exempt
30310 Sustainability Analyst I Non-Exempt
30320 Sustainability Analyst II Non-Exempt
30053 Building/Code Compliance Coordinator Exempt
30055 Senior Building/Code Compliance Inspector Non-Exempt 30265 Systems Analyst Non-Exempt
30501 Transit Planner-Assistant Non-Exempt
30502 Transit Planner-Associate Non-Exempt
30503 Transit Planner-Senior Non-Exempt
30270 Web and Database Administrator Non-Exempt
Professional Employees Group (PEG) Side Letter Agreements City of Union City and
Union City Professional Employees Group
Side Letter of Agreement
Remote Work Policy
This Side Letter is by and between the Union City Professional Employees Group (“PEG”) and the City of Union City (“City”) and will become effective following agreement by PEG and adoption by the City.
The City is seeking to adopt a remote work policy to provide the opportunity for some City employees to work remotely and will meet and confer with PEG prior to adopting a remote work policy.
The City will keep the temporary emergency telecommuting guidelines in effect until the remote work policy referenced herein is implemented.
*This Side Letter of Agreement is no longer in place as the Telecommuting Policy (Remote Work Policy) became effective 3/1/2023.
City of Union City and
Union City Professional Employees Group
Side Letter of Agreement
Salary Survey
This Side Letter is by and between Union City Professional Employees Group (“PEG”) and the City of Union City (“City”) and will become effective as soon as administratively possible following agreement by PEG and adoption by the City.
Pursuant to the Strategic Plan adopted by the City in FY 2020-21, the City recognizes its commitment to employees and has taken steps to engage a third-party consultant for the purposes of conducting a total compensation and benefits study for all city classifications.
The City will initiate the RFP process to retain consultant services for these purposes, and will direct the consultant once retained to complete the survey as soon as practicable. The study shall compare eight cities:
Fremont, Hayward, Livermore, Milpitas, Newark, Pleasanton, Redwood City and San Leandro.
Pursuant to this Side Letter Agreement, PEG and the City agree to reopen negotiations when the City’s salary survey is completed for the sole purpose of meeting and conferring over potential equity adjustment increases based on the results of the completed total compensation and benefits survey.
In the event the City’s survey is not completed by end of calendar year 2022, PEG shall have the option to reopen negotiations to meet and confer over potential equity adjustment increases based on the results of the salary survey conducted by PEG in 2021 for MOU negotiations.
Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Professional Employees Group
The City of Union City (“City”) and the Professional Employees Group (“PEG”) (collectively the “Parties”) enter into this side letter to the Parties’ Memorandum of Understanding effective January 1, 2022 through December 31, 2024, to add a new position.
WHEREAS, the City seeks to establish the new Lead Construction Inspector position; and WHEREAS, the City and PEG desire to have PEG serve as the sole and exclusive bargaining representative for the Lead Construction Inspector position; and
WHEREAS, the City and PEG desire to establish the Lead Construction Inspector position as a non-exempt position that receives call back pay and/or overtime; and WHEREAS, the Parties desire to enter into a side letter clarifying and memorializing the Parties’ agreement.
NOW, THEREFORE, the Parties agree to amend Appendix A of the Memorandum of Understanding with the addition in bold as follows:
Number Classification Title FLSA
30060 Accountant Non-Exempt
30250 Assistant Planner Non-Exempt
30230 Associate Planner Non-Exempt
30090 Case Manager Non-Exempt
30275 Emergency Services Coordinator Non-Exempt
30150 Engineer I (Civil) Non-Exempt
30130 Engineer II (Civil) Non-Exempt
30120 Engineer III (Civil) Non-Exempt
30030 Environmental Analyst I Non-Exempt
30031 Environmental Analyst II Non-Exempt
30040 Environmental Programs Inspector Non-Exempt
30095 Homeless Program Coordinator Non-Exempt
30080 Intervention Counselor Non-Exempt
30185 Lead Construction Inspector Non-Exempt
30065 Payroll Technician Non-Exempt
30100 Recreation Supervisor Non-Exempt
30020 Senior Accountant Non-Exempt
30210 Senior Planner Non-Exempt
30400 Senior Recreation Supervisor Non-Exempt
30260 Senior Systems Analyst Non-Exempt
30310 Sustainability Analyst I Non-Exempt
30320 Sustainability Analyst II Non-Exempt
30053 Building/Code Compliance Coordinator Exempt
30055 Senior Building/Code Compliance Inspector Non-Exempt 30265 Systems Analyst Non-Exempt
30501 Transit Planner-Assistant Non-Exempt
30502 Transit Planner-Associate Non-Exempt
30503 Transit Planner-Senior Non-Exempt
30270 Web and Database Administrator Non-Exempt
Side Letter Agreement to the Memorandum of Understanding Between
The City of Union City
and
The Professional Employees’ Group
The City of Union City (“City”) and the Professional Employees’ Group (“PEG”), (collectively, the “Parties”) enter into this Side Letter Agreement to the Parties’ Memorandum of Understanding, effective January 1, 2022, through December 31, 2024 (“MOU”), to include the market equity adjustments reflected in Exhibit A, attached hereto.
WHEREAS, the Parties entered into a side letter agreement entitled “City of Union City and Union City Professional Employees Group Side Letter Agreement Salary Survey” (the “prior Side Letter”); and WHEREAS, the City completed a salary survey and met and conferred with PEG pursuant to the terms of the prior Side Letter; and
WHEREAS, the City will provide market equity adjustments as a result of a salary survey conducted; and WHEREAS, the comprehensive data obtained through the salary survey will be used to update the Classification and Compensation Plan; and
WHEREAS, the Parties wish to enter into this Side Letter Agreement clarifying and memorializing the Parties’ agreement and satisfying the Parties’ obligations under the prior Side Letter.
NOW, THEREFORE, the Parties agree that the Parties have satisfied their obligations under the prior Side Letter Agreement and the City agree to amend Section 2.01, Compensation, of the MOU, effective August 7, 2023, to include the market equity adjustments reflected in Exhibit A, attached hereto.
For the City: For PEG:
____________________________________ ____________________________________ Joan Malloy, City Manager Date Trish Heuer Date
____________________________________ ____________________________________ Jason Castleberry, HR Director Valerie Avendano Date