Union City City Council
December 16, 2025

CITY OF UNION CITY

MEMORANDUM OF UNDERSTANDING

UNION CITY POLICE OFFICERS' ASSOCIATION
January 1, 2025 to December 31, 2027















Ϯ
Table of Contents
WZ
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d/KEϭ͘ϬϬ'
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Z>WZKs/^/KE^͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ϰ ϭ͘ϭ /dz Z/',d^͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ϰ ϭ͘Ϯ Z
K'E/d/KE͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ϰ ϭ͘ϯ ^^K/d/KE Z/',d^͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ϰ ϭ͘ϰ EKEͲ/^Z/D/Ed/KE͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ϱ ϭ͘ϱ hE/KE 
^^ dK KZ/
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4 PREAMBLE
On the date hereinafter subscribed, authorized representatives of the City of Union City ("City"), and the Union City Police Officers' Association entered into this Memorandum of Understanding ("Memorandum of Understanding" or "Agreement"). This Memorandum of Understanding constitutes the full and complete agreement between the parties on all items falling within the scope of representation. The provisions set forth herein supersede previous memoranda between the City and Association and shall take precedence over conflicting provisions of any City resolution or ordinance in effect during the term of this Memorandum of Understanding.

SECTION 1.00 GENERAL PROVISIONS

1.1 CITY RIGHTS
Except as specifically restricted by an express provision of this Agreement, the City retains all management rights and prerogatives. Neither these rights nor their exercise shall be subject to the grievance or arbitration mechanisms of this Agreement.

1.2 RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining representative for the classifications of: Police Officer Recruit II, Police Officer, Police Sergeant, Police Office Assistant, Police Department Office Coordinator, Community Resources Coordinator, Property and Evidence Specialist, Community Service Aide, Public Services Officer I, Public Services Officer II, Property and Evidence Supervisor, Records Supervisor, Crime Analyst, Confidential Operations Assistant and Personnel and Training Supervisor.

1.3 ASSOCIATION RIGHTS
The City recognizes the right of the Association to police this Agreement, assist its members in resolution of grievances, and participate in the negotiation of this and future Agreements. In recognizing these rights, the City shall provide reasonable time for the negotiating of this and future memoranda. For the purposes of the Memorandum of Understanding, reasonable time shall be that time that is agreed upon between authorized bargaining representatives and their Division Commander, or in their absence, any other available Division Commander. Such time shall be negotiated and agreed upon prior to its use. If agreement cannot be reached the Chief of Police shall decide the issue. No other Association business shall be conducted on City time by any employee of the Police Department without prior approval of the Chief of Police.

Members of the Executive Board of the Union City Police Officers' Association may be allowed to utilize personal leave to attend bona fide union membership meetings provided the employee submits a request for time-off in advance. The Association and its designated legal representative have a right of access to members. The City shall, with prior approval, provide adequate space and access to Association members or a designated legal representative. The City shall not provide access to copy machines, telephones or other equipment that is the sole possession of the City of Union City without prior approval from the Chief of Police. 














5 1.4 NON-DISCRIMINATION
The City and the Association agree that they will not discriminate in any way on account of race, color, creed, religion, sex, sexual orientation, age, national origin, political affiliation, physical or mental disability, medical condition, or for union activity, to the extent prohibited by applicable state and federal law.

1.5 UNION ACCESS TO ORIENTATION AND PAYROLL DEDUCTIONS
All employees within the bargaining unit represented by the Association may voluntarily join the Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter "payroll deductions") as determined by the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their written consent to join and pay dues to the Association. The Association shall certify to the City the amount of such payroll deductions to be deducted.

NEW EMPLOYEE ORIENTATION
The City shall provide the Association with two (2) weeks advance notice of the start date of any new hire to a represented classification. The City shall provide the Association with an exclusive thirty (30) minutes meeting with any new employee or group of employees covered by this MOU, during the employee orientation (i.e., the first two (2) days of employment). The specific date, time, and location of the thirty (30) minutes union meeting with new employees will be coordinated by the Chief of Police (or their designee) and the President of the Association.

PAYROLL DEDUCTIONS/AUTHORIZATIONS
The City agrees to deduct the periodic payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Association, or pursuant to an authorization form tendered to the City by either the Association or the employee. All sums deducted by the City shall be remitted to the Association in an expedient manner and at the intervals requested by the Association together with a list of names of each employee for whom a deduction was made.

The City will implement any change to an employee's payroll deductions in the first full pay period following notification of such change by the Association.

If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.

1.6 INDEMNIFICATION AND HOLD HARMLESS
The Association shall hold the City harmless and shall fully and promptly reimburse the City for reasonable legal fees and costs incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought against the City or any of its agents by an employee in a represented classification in connection with the administration or enforcement of this section of the agreement. Such reimbursement shall include costs and attorney's fees incurred by the City.















6 Upon notice that the City is going to seek indemnification or to be held harmless under this provision, the Association shall have the right to meet with the City regarding the reasonableness and merit of any claim, demand, suit, or action for which the City seeks indemnification, and shall attempt to agree whether any such action listed above in "(A)" shall be compromised, resisted, defended, tried, or appealed.

Determining whether or not such action shall be compromised, resisted, defended, tried, or appealed, the City will defer to the Association's interest if the City does not have a distinct and separate legal interest in the matter in dispute.

The City shall not be entitled to be reimbursed for any fees, costs, charges, or penalties for which the Association was not properly notified and provided the opportunity to discuss as set forth herein; nor will the City be entitled to any such reimbursement when the City's efforts in defending against such action would be duplicative, or when the City is defending a separate and distinct legal interest or when the City is defending an activity which is arguably subject to criminal liability on the part of any City administrator.

1.7 USE OF FACILITIES
The City shall provide reasonable space on bulletin boards for Association business. The Association President or designee shall be responsible for maintenance of Association postings.

Furthermore, the City shall reasonably make available conference rooms or other meeting areas to the Association at no cost to the Association for the purpose of conducting general membership meetings during City non-business hours, except under unusual circumstances.

Requests for the use of such facilities must follow established procedures and must be made to the appropriate City representative.

1.8 RELEASE TIME
POA Bargaining Team Members
All on-duty POA personnel who are active members of the Associations' Bargaining Team are entitled to two hours (2) of adjusted time off as preparation time immediately preceding any regularly scheduled bargaining meeting.

Any Association Bargaining Team member who is on a regularly scheduled day off on the day of the bargaining meeting shall be compensated at a rate of time-and- one-half the employee's regular hourly rate to attend the bargaining meeting between the Association and the City. Team members who are on their regularly scheduled day off will not be compensated for the two (2) hour preparation time.

The Association Bargaining Team shall have no more than seven (7) members. The Association may replace Bargaining Team members who are unable to continue as designated Bargaining Team Members; however, the Association's Team membership eligible for compensation under this section shall not exceed seven (7) members.

POA Release Time Bank
The City and the POA agree to establish and maintain a "Release Time Bank" for use by POA members to conduct and/or attend essential union activities including, but not limited to, conventions, professional association meetings, training classes, and symposia, and excluding political activity, fund raisers, and recreational activities. For purposes of this section, political 














7 activity shall not include meetings with individual City Council members or attending City Council meetings. The City shall provide a maximum of 200 hours per fiscal year to the POA Release Time Bank. The POA President or his designee shall have sole discretion as to the use of the time bank.

Requests to use accrued time from the "POA Release Time Bank" shall be made to the affected Division Commander as soon as possible but no later than twenty-four (24) hours in advance of the proposed use. The Division Commander may deny any requests that cause overtime to be generated. The POA may appeal the decision of a Division Commander to the Chief of Police who may authorize the utilization of overtime on a non-precedent setting case by case basis.

The City may cover the cost of attendance (excluding travel, travel meals, and lodging) for a number of participants to be determined by the Police Chief (or the Chief’ s designee) for any conventions, symposia, or trainings that provide POST training credit.

SECTION 2.00 COMPENSATION

2.1 SALARY
A. Cost of Living Adjustments
Effective the first full pay period following January 1, 2025, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%).

Effective the first full pay period following January 1, 2026, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%).

Effective the first full pay period of January 1, 2027, the City will provide each represented classification with a cost-of-living increase of three percent (3.0%).

B. Market Equity Adjustments
Effective the first full pay period following January 1st of each year of this agreement, the City will provide each sworn represented classification with a market equity adjustment increase based on the benchmark classification of Police Officer. The amount of the equity adjustment for all sworn represented classifications shall be determined by the percentage increase required to bring the Police Officer classification to one percent above the market median for the Police Officer benchmark based upon the survey methodology set forth in Appendix 1. The market equity adjustment shall not exceed four percent (4%) in any year for any classification.

Effective the first full pay period following January 1st of each year of this agreement, the City will provide each non-sworn represented classification with a market equity adjustment based on the benchmark classification of Records Clerk (equivalent to the Union City classification known as Police Office Assistant). The amount of the equity adjustment for all non-sworn represented classifications shall be determined by the percentage increase required to bring the Police Office Assistant classification to one percent above the market median for the Records Clerk benchmark based upon the survey methodology set forth in Appendix 1. The market equity adjustment shall not exceed two percent (2%) in any year for any classification.















8 2.2 WORKING IN A HIGHER CLASSIFICATION (ACTING PAY)
A. Temporary Upgrade Premium
Employees who are assigned by the Chief of Police or their designee to assume the duties of a position of higher classification when (1) a vacancy in that higher classification exists; (2) the City is actively seeking to fill the vacancy on a permanent basis: and (3) the employee has been assigned and worked for a period of one full shift (non-cumulative), shall be paid retroactive to the first day of assignment at five percent (5%) above their regular salary. The employee must initiate appropriate departmental documentation and submit such documentation through the chain of command.

B. Acting Out of Class Premium
During an absence of a week or more of a Sergeant which cannot be covered by another Sergeant the Chief of Police may appoint an Acting Sergeant to replace the Sergeant during the absence. The designated employee shall be paid five percent (5%) above their regular base salary. Such appointments should be for a minimum of thirty-seven (37) hours. The designated employee must assume the actual patrol supervisor schedule of the absent Sergeant. Work assignments of unit members shall not be changed for the sole purpose of evading the acting pay requirements.

2.3 SALARY STEP SCHEDULE
Salary Step increases shall be implemented in the following manner:

A. 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.

B. 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.

2.4 MINIMUM COURT TIME
A bargaining unit employee who is required to attend court during off-duty time in response to a valid subpoena received as a result of their City employment shall be paid a minimum of four (4) hours at time-and-one-half their regular rate of pay for their classification. The following conditions and exceptions shall apply:

A. An employee may receive a minimum court time allowance of four (4) hours of overtime pay only once in any day. The four (4) hour minimum will be paid only for the first appearance of the day.

B. An employee shall not be paid for a lunch period of one (1) hour or less when courts take an actual luncheon recess.

C. An employee who has received the minimum court time pay of four (4) hours at the overtime rate for their first appearance shall be entitled to a minimum pay of one (1) hour at the overtime rate for their second appearance on the same day.

D. An employee subpoenaed to court one-and-one-half (I 1/2) hours or less after the end 














9 of a regularly scheduled shift shall extend their previous shift to make their court appearance. The four (4) hour minimum shall not apply.

E. An employee subpoenaed to court four (4) hours or less before the beginning of a regularly scheduled shift shall extend the beginning of their upcoming shift to the time they are subpoenaed to appear in court. The four
(4) hour minimum shall not apply.

To be entitled to compensation under this section, employees in an off-duty status at the time of the scheduled court appearance shall confirm with the police department subpoena clerk on or before 1700 hours (5:00 p.m.) on the court day preceding the scheduled court date to determine if an appearance is required. If the court appearance is canceled after it has been confirmed by the police department subpoena clerk and the employee reports for court, then compensation will be authorized. If the employee fails to contact the police department subpoena clerk but reports for court and the appearance has not been canceled compensation will be authorized. However, if the employee does not contact the police department subpoena clerk but reports for court and the police department subpoena clerk had been notified of the cancellation the employee will not be compensated.

2.5 OVERTIME
A. Overtime
All time worked beyond the employee's normal schedule or shift shall be compensated at time and-one-half the employee's regular rate or accumulated as compensatory time off at time-and-one-half the employee's regular rate pursuant to current regulations and the agreements contained herein. Employees will receive overtime pay for overtime worked when the relevant compensatory time bank is full.

Overtime compensation shall be computed to the nearest minute.

Overtime pay for scheduled overtime assignments shall commence at the time an employee is instructed to report and end upon completion of the assignment. At the discretion of the Chief of Police, or his or her designee, overtime work may be assigned twenty-four (24) hours in advance of commencement of the assignment.

For sworn employees, the Fair Labor Standards Act (FLSA) overtime is hours actually worked in excess of one hundred seventy-one (171) hours in a twenty-eight (28) day designated work period. For all other employees, FLSA overtime is hours actually worked in excess of forty (40) hours in a seven (7) day designated work period. All other hours qualifying for overtime under the first paragraph of this section shall be considered non-- FLSA overtime.

B. Compensatory Time Off
Employees may accrue up to a maximum of 200 hours of CTO. Employees who had accrued more than a total of 200 hours of non-FLSA and FLSA CTO prior to adoption of this MOU shall be permitted to retain their CTO balances but may not accrue further CTO until their balance falls below 200 hours.















10 CTO shall be granted in accordance with current time off practice taking into account, but not limited to, staffing minimums and workload. CTO requests shall not be granted during the time of natural disasters, labor disputes, scheduled community events, Continuing Professional Training classes or other similar occurrences demanding additional personnel, or during New Year’s Eve, New Year's Day, Fourth of July, Thanksgiving Day, Christmas Eve, and Christmas Day as the granting of time in these instances would be unduly disruptive to the functioning of the Department and services provided to the community. Employees are encouraged to make requests to use CTO as far as possible in advance of the date(s) the employee wish to use their CTO.

2.6 MINIMUM CALL BACK
A call back occurs when a bargaining unit employee has completed an assigned shift, has left the employee's duty station, and is then required to return to work. Under these circumstances, the employee shall be paid a minimum of three (3) hours at time-and-one-half the employee's regular rate for being required to return to work, unless the employee is required to return to work to rectify the employee's own error. For purposes of recording time, the call back begins at the time the employee is notified of the requirement to return to work. An employee who is required to return to work to rectify their own error shall be paid at time-and-one- half the employee's regular hourly rate from the time of arrival at the duty station to the time the error has been corrected.

2.7 EARLY CALL IN
An early call in occurs when an employee is required to appear early for their regularly scheduled shift. When an employee is required to report to their duty station for a regularly scheduled shift prior to that shift's assigned report time, the employee shall be paid at time-and-one-half the employee's regular hourly rate from the time of arrival at the duty station to the beginning of their regularly scheduled shift.

2.8 MINIMUM CALL IN
A call in occurs when an employee, while on a regular day(s) off, on vacation, or on some other form of elective time off, is required to report to work at a time that is not otherwise considered to be either "Call Back" or "Early Call In." In these situations, an employee shall be paid a minimum of two (2) hours at time-and-one- half the employee's regular hourly rate from the time they arrive at their duty station.

2.9 MEAL ALLOWANCE
A meal allowance of ten dollars ($10.00) shall be paid to an employee who works two (2) or more hours immediately following a regular shift and for each four (4) hours thereafter. No receipts shall be required.

No meal allowance will be paid if the City provides a meal for the employee(s). However, employees shall be entitled to a meal allowance, even if the City provides a meal, if the employees work assignment/duty station or duties being performed, render them unable to respond to the location of the meal or have it delivered to them. 














11 2.10 CANINE HANDLER DIFFERENTIAL
All canine handlers shall be compensated for time spent training and caring for their assigned canine and associated travel, including but not limited to travel time to and from training, at the rate of seven and one-half percent (7.5%) of base salary.

Based upon experience of canine handlers represented by the Association, it is estimated that canine handlers work approximately one hundred and fifty-six (156) hours per year performing such work outside of their regularly scheduled shifts. The parties agree that this compensation conforms with the provisions of Leever v. Carson City, 360 F.3d 1014, 1017 (9th Cir. 2004) as they pertain to the compensation of canine handlers.

Canine handlers attending the Department's mandatory training scheduled the second and fourth Tuesday of each month shall be compensated for the 3-hours of training when they attend on Off-Duty time. The compensation is for the hours actually spent training and does not include travel to and from the training location.

2.11 SPECIALTY PAY
The following "specialty pay" premiums shall be deemed to be within the discretion of the Chief in the sense that this additional pay shall be contingent on the bargaining unit member performing their duties at an "At Standard" performance level or better. Bargaining unit members not performing at an “At Standard" performance level or better acknowledge that a transfer from the section, and subsequent loss of pay, is a management right and is not punitive in nature. As such the bargaining unit members agree that assignment to, and transfer from, the section, is wholly at the discretion of the Chief of Police and not subject to any form of administrative appeal.

A. Detective/Investigations Premium

1. Professional Standards Unit (PSU)
The Sergeant assigned to the Professional Standards Unit shall receive a five percent (5%) investigations premium for the term of their assignment. The PSU Sergeant shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day unless the PSU Sergeant has provided prior notification they will be unavailable.

2. Investigations
The City will compensate each sworn bargaining unit member assigned to the Investigations Section, including those sworn bargaining unit members assigned to Special Services Unit (SSU), five percent (5%) of their base salary while assigned to the Investigations Section. Bargaining unit members placed in a semi-permanent assignment in the Investigations Section shall receive an additional two and onehalf percent (2.5%) premium for a total of seven and one-half percent (7.5%) of their base salary.

This specialty pay will not apply to sworn bargaining unit members temporarily assigned to the section by virtue of, but not limited to, modified duty assignments, short term special needs assignments, etc.















12 In consideration of specialty pay one (1) detective assigned to the Investigations Section per week will be designated and serve as the 'On- call" detective. The detective so designated shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day for a consecutive seven (7) day period.

The City should provide on-call detectives with a City vehicle for use in the course and scope of his duties during the on-call period. The Investigations Section Sergeant will be responsible for scheduling the on-call detective.

The on-call detective will carry a department-issued cell phone and will respond to calls and callouts during the entire designated period. Failure to respond to calls and or callouts will result in no specialty compensation for the indicated call-out period.

This compensation agreement will be monitored weekly and reviewed every six months for compliance and effectiveness.

B. Traffic/Motors Premium
The City will compensate each sworn bargaining unit member assigned to the Traffic Unit five percent (5.0%) of their base salary while assigned. Bargaining unit members placed in a semi-permanent assignment in the Traffic Unit shall receive an additional two and one-half percent (2.5%) premium for a total of seven and one-half percent (7.5%) of their base salary.

In consideration of specialty pay, one (1) employee assigned to the Traffic Unit per week will be designated and serve as the "on-call" traffic investigator. The employee so designated shall be on-call and available to respond in a timely manner to call outs twenty-four (24) hours per day for a consecutive seven (7) day period. The Traffic Unit Sergeant will be responsible for scheduling the on-call traffic investigator.

C. Training Officer Premium
The City will compensate each sworn bargaining unit member assigned to the full time Field Training Program seven and one-half percent (7.5%) of their base salary.

Temporary/ Reserve Field Training Officers (FTO) will be compensated seven and onhalf percent (7.5%) only when assigned to a trainee.

Full-time FTOs will be used in the Acting Sergeant capacity to work vacant supervisory shifts. Full-time FTOs are not eligible for an additional 5% acting out of class premium pay when working in an Acting Sergeant capacity. Employees in other assignments that receive specialty pay shall only receive a total of seven and one-half percent (7.5%) specialty pay premium when assigned to a trainee.

2.12 BILINGUAL COMPENSATION
The City will compensate each bilingual Association member forty-six dollars and 15 cents ($46.15) per pay period. All employees requesting compensation under this agreement must pass a City test. The test will examine the employee's ability to converse fluently in a language other than English. No additional compensation will be paid to employees fluent in more than one language.

Compensated employees agree to utilize their bilingual skills whenever called upon. 














13 This compensation agreement will be reviewed every six (6) months for compliance and effectiveness. The City reserves the right to revoke this agreement at any time for noncompliance or for organizational effectiveness and efficiency.

2.13 LONGEVITY PAY
The City will compensate each bargaining unit member five percent (5%) of their base salary upon completion of their twelfth year of permanent full-time service with the City of Union City.

For sworn personnel, the City shall credit all years of service as a Penal Code Section 830.1 peace officer towards the experience thresholds for longevity pay. Part-time employment or employees working in designated part-time positions or in positions not represented by the bargaining unit do not apply. Except as specified above, all credited time must be as a permanent, full time bargaining unit member employed by Union City to be eligible.

2.14 CRIME SCENE TECHNICIAN ON-CALL COMPENSATION
The City will compensate one Crime Scene Technician (CST) two hundred and fifty dollars ($250.00) per week for on-call compensation. The on-call CST agrees to be on call and available to respond in a timely manner whenever the need for a CST exists. The on-call CST will be available for call outs twenty-four (24) hours a day for a consecutive seven-day (7) period. The Investigation Unit Sergeant will be responsible for scheduling the on-call CST. The on-call CST will be determined by a rotating schedule, which utilizes all participating CST's. CST's will be included in the on-call rotation for three years. The CST can remain on the on-call rotation if the CST agrees to a longer term and the City is in agreement.

CST's receiving the on-call compensation will carry a department-issued cell phone and will respond to calls and callouts during the entire compensated period. Failure to respond to calls and/or callouts will result in no compensation for the indicated call-out period.

This compensation agreement will be monitored weekly and reviewed every six months for compliance and effectiveness.

2.15 SHIFT DIFFERENTIAL
Employees regularly scheduled to work a midnight shift shall receive shift differential equal to two and one-half percent (2.5%) of base pay.

2.16 AUTOMATIC PAYROLL DEPOSIT
Payroll payments shall be deposited through the Automated Payroll Process to an account designated by the employee. Employees have the responsibility to designate an account that meets the requirements of Automated Clearing House (ACH).

SECTION 3.00 RETIREMENT BENEFITS

3.1 SWORN CLASSIC MEMBERS
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the Employer Paid Member Contributions (EPMC) on behalf of the sworn CalPERS classic members in the POA bargaining unit. These payments are equal to 9% of the member 














14 employees' reportable income and are reported to CalPERS as special compensation.

Sworn employees hired by City prior to November 30, 2010, are provided benefits pursuant to the CalPERS 3% at 50 benefits formula described in Government Code Section 21362.2, using the single highest year as the final compensation period.

Sworn employees hired on or after November 30, 2010, are provided benefits pursuant to the CalPERS 3% at 55 formula described in Government Code Section 21363.1, using a three-year final compensation period.

Beginning in 2011, the Parties agreed that sworn members would begin providing the City with pre-tax cost sharing payments to cover portions of the City's portion of the pension costs. The historical cost sharing payments made by sworn POA members are as follows:
• Effective July 1, 2011, 1 .0%
• Effective the payroll period including January 1, 2013, 5.0% • Effective June 30, 2013, 9.0%
• Effective July 1, 2015, 10.5%
• Effective July 1,2016, 12%
The City continues to pay the full 9% EPMC and reports the value to CalPERS for all classic sworn members.

3.2 NON-SWORN CLASSIC MEMBERS
Consistent with its historical practice, the City pays and reports to CalPERS the full share of the Employer Paid Member Contributions (EPMC) on behalf of the non-sworn CalPERS classic members in the POA bargaining unit. These payments are equal to 7% (Classic Tier 2) or 8% (Classic Tier 1) of the member employees' reportable income and are reported as special compensation to CalPERS.

Tier 1: Non-Sworn employees hired by the City prior to November 30, 2010, are provided benefits pursuant to the CalPERS 2.5% at 55 benefits formula, using the single highest year as the final compensation period.

Beginning in 2006, the Parties agreed that non-sworn Tier 1 members would begin providing the City with pre-tax cost sharing payments to cover portions of the City's portion of the pension costs. The historical cost sharing payments made by the Tier 1non-sworn POA classic members are as follows:
• Effective July 1, 2006, 3.5%
• Effective October 18, 2010, 4.5%
• Effective the payroll period including January 1, 2013, 6.25% • Effective payroll period including January 1, 2014, 8% Tier 2: Non-Sworn employees hired on or after November 30, 2010, are provided benefits pursuant to the CalPERS 2% at 60 formula, using a three-year final compensation period. These employees provide cost sharing payments at the rate of 7% to cover part of the City's portion of CalPERS contributions.

The City continues to pay and report to CalPERS the full EPMC (8% for Tier 1 and 7% for Tier 2) for all non-sworn classic members.















15 3.3 “NEW MEMBERS” AS DEFINED IN PUBLIC EMPLOYEE PENSION REFORM ACT (PEPRA)
The retirement plan formulas and employee contributions for "new members" shall be those established by AB 340 (2.7%@57 for sworn personnel; 2%@62 for miscellaneous/non-sworn personnel). All new members will contribute 50% of the normal cost of their respective benefits as determined by CalPERS on a pre-tax basis. In the event that the sworn classic employee contributions provided herein, above, exceed the contribution required for sworn "new members" pursuant to PEPRA. Sworn "new members" shall contribute an additional amount to provide equal contributions for all sworn personnel.

3.4 FOR ALL ASSOCIATION MEMBERS
The City agrees to continue its contract with PERS to allow for the following optional benefits:

Credit For Unused Sick Leave (Government Code Section 20965); 1959 Survivor Benefit, Level 1; Military Service Credit As Public Service, with the eligible employee required to contribute both the employer's and employee's contributions and interest (Government Code Section 21024); Improved Non-Industrial Disability Allowance (Government Code Section 21427); PreRetirement Optional Settlement 2 Death Benefit (Government Code Section 21548); and Death Benefit -Remarriage (Government Code Section 21551).

SECTION 4.00 LEAVE ADMINISTRATION

4.1 SICK LEAVE ALLOWANCE
Employees shall earn 3.69 hours per pay period of sick leave without limit on accumulation.

Employees or new hires who are absent without pay for any reason for more than thirty-seven (37) hours during a pay period do not earn sick leave benefits for that pay period. Employees shall have sick leave absence deducted in hourly increments. Sick leave shall be taken in periods of no less than one hour.

Recognizing that newly hired employees may experience either personal or family illness that may be sufficiently severe to prevent their coming to work, the Chief of Police has the discretion to take such administrative measures as the Chief of Police deems appropriate to prevent the employee from suffering a loss of compensation. Each incident shall be evaluated on its own merits on a case-by-case basis, and any action taken by the Chief of Police shall be nonprecedent-setting.

A bargaining unit employee may convert up to thirty-seven (37) hours of the employee's accrued sick leave to vacation provided that the employee has four hundred (400) or more hours of accrued sick leave and used twelve and one half (12.5) or less hours of sick leave during the fiscal year. A bargaining unit employee may convert up to twenty-five (25) hours of the employee's accrued sick leave to vacation provided that the employee has four hundred (400) or more hours of accrued sick leave and used more than twelve and one half (12.5) but less than twenty-five (25) hours of sick leave during the fiscal year. 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, as requested by the employee. For purposes of this paragraph, sick leave utilized while under protected leave (e.g., FMLA, CFRA, PDL, Workers Compensation, etc.), shall not be counted toward the limitations on sick leave use for purposes of determining eligibility for converting sick leave to vacation.















16 Sworn employees will receive credit for sick leave accrued from their most recent employer for service as a Penal Code Section 830.1 peace officer, up to a maximum of four hundred and eighty (480) hours, upon verification by Union City and the previous employer agency, as needed. This will only apply to sick leave accrued, and not paid out, from the most recent employer

4.2 SICK LEAVE UTILIZATION
Sick leave may be utilized due to the employee's personal sickness, injury, pregnancy-related disability, or sickness or injury in the immediate family, if the immediate family member lives in the same household as the employee. Immediate family means mother, father, sister, brother, spouse, child, grandparent, grandchild, father- in-law, mother-in-law, brother-in-law, sister-inlaw, son-in-law, daughter-in law, stepfather, stepmother, stepchild, domestic partner, or other individuals residing in the household for whom the employee has legal guardianship. The City understands that certain members of the nuclear family of the employee (children and parents of the employee) may not live full time in the same household of the employee, yet the employee may still be a primary caregiver for the individual. In these cases, and upon verification that the employee is a primary caregiver (e.g., Divorce decree, Durable Power of Attorney, etc.), the City recognizes the employee has the responsibility for care of the individual and use of sick leave would be appropriate. Employees shall, whenever possible, make medical, dental and similar appointments outside of working hours and days. If this is not possible, sick leave or personal leave may be utilized for these purposes for a minimum of one (1) hour and up to four (4) hours (except in unusual circumstances). If the employee wishes to use personal leave for medical or dental appointments, the employee shall state that it is for a medical or a dental appointment when submitting the request for time off.

The City will apply sick leave usage according to the Federal Family Medical Leave Act and the California Family Rights Act.

Employees who have scheduled elective time off, and who has completed their last regularly scheduled work assignment prior to the scheduled elective time off, may not substitute sick leave for the scheduled elective time off.

The following will be the policy regarding the use of Sick Leave for the listed holidays:

On Thanksgiving, Christmas Eve, Christmas, New Year's Eve, New Year's day, and the 4th of July those employees, assigned to work, who believe that they are too ill to work shall be directed to respond to St. Rose Hospital, or other health care facility currently utilized by the City, to be examined by a physician in order to determine the nature of the illness and if it will affect the employees ability to report to work. A written medical report will be required.

Should an employee feel that he/she is too ill to respond to St. Rose Hospital, or other health care facility currently utilized by the City, for an examination, another employee of the department will respond to transport the ill employee to the hospital. This will be accomplished at the convenience of the Watch Commander taking into account available resources.

The employer may elect to have the hours taken from other time banks to cover the anticipated absence of employee who requests to use sick leave for purposes expressed under this section, and who does not have any sick leave hours in their time bank. The banks from which the employer may select time from are (in order): personal leave, holiday time, and vacation time.

The employer must receive authorization from the employee before taking any comp-time hours from the employee's comp-time bank.















17 Effective July 1, 2012, employees who do not use any sick leave for six (6) consecutive months shall be credited with one (1) additional Floating Holiday. The number of hours for each Floating Holiday earned as a result of this section shall be the same number of hours as the employee's workday at the time the Floating Holiday was earned (e.g., an employee working a 4/10 shift shall receive a 10-hour Floating Holiday, while an employee working a 3/12 work schedule shall receive a 12.33-hour Floating Holiday). For purposes of this paragraph, sick leave utilized for the birth or adoption of a child, including but not limited to bonding leave, shall not be counted toward determining an employee’s eligibility to be awarded a floating holiday.

4.3 SICK LEAVE NOTICE AND CERTIFICATION
In order to achieve compensation while absent on sick leave, the employee or someone on their behalf shall notify the employee's immediate supervisor prior to the time set for reporting to work, except in unusual circumstances. When an absence is for thirty-seven (37) or more consecutive work hours, the employee must file a physician 's certificate with the employee's supervisor, stating the cause of the absence. The supervisor shall forward the certificate to the Administrative Services Director. When the absence is for thirty-seven (37) or more consecutive work hours and is due to sickness or injury in the immediate family, the employee must file a physician’s certificate stating the family member’s cause of illness with the supervisor. The supervisor shall forward the certificate to the Administrative Services Director.

4.4 OCCUPATIONAL INJURY LEAVE
Employees injured while on duty shall receive worker's compensation benefits as prescribed by state law. For a non-sworn employee’s injury or disability that is covered under the state Worker's Compensation Act, the employee is entitled to additional compensation equal to the difference between the employee's regular pay and their disability compensation allowable for a total not to exceed one hundred seventy-six (176) hours per year or equal to one-half (1/2) of the amount of the employee's accumulated sick leave, whichever is greater, as of July 1 of each fiscal year.

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, the employee may utilize accumulated sick leave to the extent available to make up the difference between the employee's regular pay and their disability compensation allowance.

4.5 OCCUPATIONAL INJURY/ILLNESS MEDICAL APPOINTMENT
The parties agree that employees may use a reasonable amount of on-duty time to obtain physical therapy, or attend medication appointments as required by a medical doctor for the rehabilitation of industrial injuries, subject to the following conditions:

A. The employee shall submit a written request (UCPD#131) to the employee's Division Commander as soon as an appointment or series of appointments are scheduled, but no less than twenty-four (24) hours in advance of the scheduled appointment in accordance with departmental procedures (emergency requests shall be reviewed by the Division Commander on a case-by-case basis). Appointments shall be scheduled at the beginning or end of the employee's scheduled shift or modified shift, as much as possible, to minimize adverse impacts to Department operations.

B. The amount of time spent at such appointment(s) shall be reasonable and may include time spent traveling to and from the work site as well as time actually spent receiving therapy.















18 C. On return from the appointment(s), the employee shall submit to the employee's supervisor a completed fo1m (UCPD#131) indicating the total amount of time spent for the rehabilitation of the employee’s industrial injury.

D. All requests submitted in accordance with this procedure shall be subject to the review of Police Management, on a case-by-case basis, to determine the reasonableness of the requested time off.

The parties recognize the Police Department's needs for adequate operational coverage is of paramount consideration in the administration of this policy. The parties shall discuss specific issues and problems arising from the administration of this policy with a view for the reasonableness of the individual situations, and impact on the department's operating commitments.

4.6 PERSONAL LEAVE
Personal business activities are business activities that cannot be conducted at a time other than during the employee's workday. Personal leave shall not be used as a substitute for, or in conjunction with, vacation leave, nor shall it be used to attend social activities.

The employee must request non-emergency personal leave at least twenty-four (24) hours (one day) in advance on the form provided. In cases of emergency, the twenty-four (24) hour notification procedure may be waived by the on-duty Watch Commander or employee's immediate supervisor, provided the appropriate form is completed and the reason for the request is provided.

The City agrees that the approval of Personal Leave is not dependent upon minimum staffing levels. In addition, the City will backfill staff vacancies, which fall below minimum staffing levels, due to the approval of Personal Leave. Finally, in those rare instances where more than one employee per shift may request leave using the Personal Leave time bank, the City reserves the right to limit the number of employees off per shift for operational and safety needs.

The Association accepts that during certain times of the year a request for personal leave may raise questions as to whether the request falls within the guidelines of this policy regarding personal leave. A request by a supervisor for a further explanation does not infer that the request will be denied; and the employee should be willing to provide a reasonable explanation.

Personal Leave requests occurring between 2200-0600 will require verification for any date. In addition, employees requesting Personal Leave on Thanksgiving, Christmas Eve, New Year's Eve, Christmas Day, New Year's Day, or the 4th of July will require verification that the usage conforms to the instances enumerated in this section.

The City will convert twenty (20) hours per year of accumulated sick leave to be used for conducting personal business activities. In order for sick leave to be converted, the employee needs a balance of 20 or more hours of sick leave on July 1 of each year. If the employee has less than 20 hours of sick leave available, then the employee is not eligible for conversion. In the employee's first fiscal year, an additional eight (8) hours of personal leave may be accumulated in addition to the regular twenty (20) hours allowance, increasing the personal leave allowance to twenty-eight (28) hours within the fiscal year.

In addition, for employees who have accumulated a minimum of one hundred (100) hours of sick leave as of July 1 of each year, the City will convert eight (8) additional hours of accumulated 














19 sick leave for personal leave during the ensuing fiscal year. For employees who have accumulated two hundred (200) hours of sick leave as of July 1 of each year, the City will convert twelve (12) additional hours of accumulated sick leave for personal leave during the ensuing fiscal year. 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). This maximum is available to an employee who is credited with the annual twenty (20) hours, accumulates the allowable eight (8) hours and is eligible for the additional twelve (12) hours.

Every year, the Finance Department will convert the appropriate number of hours by the end of August unless the employee makes a request in writing to opt out of the conversion to the Finance Department by July 15.

Personal leave should be used judiciously and not abused to the detriment of either the Association or the City. The Association will monitor the use of personal leave and will meet quarterly with the City in an effort to identify any problems or abuses as they arise, and to work jointly with the City to alleviate any identified problem areas.

4.7 LEAVE OF ABSENCE
The City Manager, upon written request of a full time non-probationary employee may grant for the good of the service a leave of absence without pay for a maximum period of one (1) year.

Leaves authorized under this Section shall include educational leave, maternity leave, and leave for any other purpose promoting the good of the service. Permission for such leave shall be in writing and signed by the City Manager. Upon expiration of such leave, the employee shall be reinstated to the position held at the time the leave was granted. Failure of the employee to report promptly at the expiration of the leave or within a reasonable time after notice to return to duty shall terminate the employee's right to be reinstated.

4.8 BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed forty (40) hours upon the death of a member of the employee's immediate family. Immediate family is defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepchild, domestic partner, or other individuals residing in the household for whom the employee has legal guardianship. Employees shall be granted up to one workday’s bereavement leave to attend the funeral of a close relative not in the employee's immediate family (for example, aunts or uncles).

Employees shall also be granted time off to attend the funerals of fellow employees consistent with operating requirements.

Bargaining units’ members agree that the intent of this section is to allow time for the bargaining unit member, upon the death of an immediate family member as defined above, to deal with issues associated with the death (e.g., Attend the service/memorial, handle legal matters associated with the death, clean out belongings of the individual, etc.).

To be eligible for the paid bereavement leave the employee shall sign a City verification form indicating the relationship of the deceased to the employee and the date of death. 














20 4.9 HOLIDAYS
Effective upon adoption of the agreement, each represented employee (sworn and non-sworn) shall receive time credit in the following manner:

Sworn Employees
In lieu of time off for holidays observed by the City, each sworn employee shall be paid for seventy-nine (79) hours of the one hundred and twenty-six (126) hours of holiday time. The remaining forty-seven (47) hours of holiday time shall be credited to the sworn employees' Holiday Time Bank on July 1st of each year.

Non-Sworn Employees
In lieu of time off for holidays observed by the City, each non-sworn employee shall be paid for sixty-six (66) hours of the one hundred and twenty-six (126) hours of holiday time. The remaining sixty (60) hours of holiday time shall be credited to the non-sworn employees' Holiday Time Bank on July 1st of each year.

Holiday Pay
Benefit
Total Holiday
Hours
Paid Holiday
Hours
Banked Holiday
Hours
Sworn 126 79 47
Non-Sworn 126 66 60
All Employees
Holiday time is paid at the employee's regular rate with payments to be made in twenty-six (26) equal payments corresponding with each pay period.
o All new employees shall have their holiday time bank hours prorated o An employee may carry over up to one hundred twenty-six (126) hours unused balance in their holiday time bank from one fiscal year to the next fiscal year o If an employee has accumulated holiday time that exceeds 126 hours, and does not have scheduled holiday time off during the current fiscal year that would reduce the employee's accumulated holiday time bank below 126 hours, the Chief of Police can mandate that an employee use their accumulated holiday time, subject to the following:
o The Chief of Police must provide the affected employee with at least seven (7) days' notices before mandating use of accumulated holiday time o The affected employee can utilize the seven (7) days’ notices to identify an alternative (date or dates) to utilize their accumulated holiday time o Mandated use of accumulated holiday time must be for full shifts only In the event the Chief of Police fails to exercise this authority, an employee will be able to carry over accrued holiday time in excess of 126 hours from one fiscal year to the next. However, in such circumstances, the employee's accrual of holiday time in the following fiscal year will be reduced by an equal amount. See example diagram below.















21 In the event any employee separates from the Department (for any reason), the employee's hours in their holiday time bank shall be paid at the employee's regular rate of pay.

Employees separating from the City prior to July 1st shall have their holiday time off prorated and any overage paid by the City shall be deducted from any sum owed the employee by the City upon separation. ·
Requests for Holiday Time Off shall be made in accordance with the Department's vacation use procedure. Employees may only reserve a maximum of six (6) weeks of Vacation and/or Holiday Time during the annual vacation sign up period.

Procedures For Filling Vacancies
The following procedure for filling vacancies will be applicable for the following holidays only:

Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day. At all other times, barring unusual, unexpected, and exigent circumstances, the past practice of filling vacancies/absences will be adhered to (i.e., Posting vacancy for overtime, calling for volunteers, ordering any available personnel in to work).

1. All vacation time scheduled during the "Vacation Sign-Up" period will be honored.

Should a vacancy/absence occur the method for filling the vacancy/absence shall begin with section 3 listed below.

2. Time off consisting of a full regularly scheduled workweek, be it 37 hours or 49 hours, shall be honored. Should a vacancy/absence occur the method for filling the vacancy/absence shall begin with section 3 listed below.

3. Should a vacancy/absence occur more than one (1) week prior to a listed holiday the vacancy/absence shall be posted for overtime in accordance with current practice until one week prior to the listed holiday.

4. Should the vacancy/absence remain unfilled utilizing the method specified in Section 3 the Watch Commander for the affected shift shall review the time off request forms from all employees requesting less than a full regularly scheduled shift, and, in order of date requested, order the last employee of the affected shift granted time off to report for duty on the affected date. The Watch Commander shall continue with this method until minimum staffing levels have been attained or until there are no other employees who have requested time off.

Sworn
0 47 47
50 47 97
130 43 173
Non
Sworn
0 60 50
50 60 110
130 56 186
Bal @ end
of FY
Hours loaded
@ Beginning of
FY
Holiday Time
Bank Balance















22 5. Should a vacancy/absence still remain after following the methods listed in section 3 and 4 the Watch Commander shall order in to work the least senior employee in the affected section who has the affected holiday off. The Watch Commander shall continue to order in to work the next least senior employee in the affected section who has the affected holiday off, and will continue in order of seniority, until minimum staffing levels have been attained.

Any Employee entering into agreements for "Watch Swaps" on the listed holidays shall be ultimately responsible for ensuring that their slot on the holiday is filled. Should an employee with whom a "Watch Swap" has been negotiated be unable to fulfill the "Swap" the scheduled employee shall work the holiday or make other arrangements with another qualified employee to work the holiday.

4.10 VACATION
Full-time employees shall earn vacation as follows:

Years of Service Pay Period 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 may not use vacation benefits while they are participating in a Field Training Program.

Vacation accrues bi-weekly and may be accrued to a maximum balance of two times the annual accrual.

Employees absent without pay for more than thirty-seven (37) hours during a two week pay period do not earn vacation benefits for that pay period.

The City recognizes 50% of a sworn employee’s years of service with another agency as a Penal Code Section 830.1 peace officer, rounded up or down, to the nearest six (6) month period beginning at two full years of service or more with another agency, for calculating benefits identified in this Section.

Employees shall continue to select their desired vacation schedule on the basis of seniority. In selecting their vacation schedule, employees may utilize holiday time and accrued compensatory time off in addition to vacation leave in order to have sufficient time to take a particular work week off. The total amount of vacation leave that can be selected is based on the employee's current vacation accrual rate. For example, if an employee accrues four weeks a year in vacation accrual, the employee can sign up for four weeks of vacation leave using vacation, holiday, and compensatory time banks for the time leave.

Under 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 fiscal year at the employee’s base rate of pay. To remain eligible for distribution, the following must be true:
x The employee must have taken a minimum of eighty (80) hours of vacation, holiday, and/or compensatory time off in the preceding twelve (12) months. Employees that have been 














23 unable to take time off due to statutory leave (e.g., 4850, military leave, etc.) lasting at least three (3) months during the preceding twelve months are exempt from this requirement. x The employee must have a remaining balance of at least forty (40) hours of accrued vacation following the sell back.

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 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.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation sellback program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the vacation sellback program.

4.11 JURY DUTY
An employee summoned to jury duty shall not suffer a loss of pay or other benefits by reason of jury service. If at least one-half (1/2) of the employee's normal day shift remains after being released from service, the employee shall return to work. If the employee's work shift is other than a day shift the employee shall not be required to report to work on that day if the jury duty service is greater than four(4) hours, excluding travel time and lunch break.

Employees working other than a day shift who are scheduled to serve on jury duty shall be allowed eight (8) hours rest time between the scheduled shift and the time they are to report to jury duty (or example, an employee scheduled to work 1430- 0250 and scheduled to report for jury duty at 0800 shall be adjusted off at 0001 to allow sufficient rest time). For the purpose of this Section, "day shift" shall be defined as work assignment commencing between 0500 and 1200 hours.

The employee summoned to jury duty shall be required to provide the City with court verification of the date and time of service.

4.12 WATCH SWAPS
The City of Union City and the Union City Police Officers' Association (UCPOA) agree to the following conditions for the implementation of "Watch Swap" for the benefit of the members of the UCPOA:

A. "Watch Swaps" are allowed between members of the UCPOA occupying the same job classification.

B. Requests for consideration for "Watch Swaps" shall be documented on the UCPD Absence Report (UCPD # 131, Rev. 10/05) and are subject to approval by the Department.

C. The employee normally scheduled for a shift involved in a "Watch Swap" will be ultimately responsible for ensuring the "Watch Swap" occurs or the shift is covered. For "Watch Swaps" resulting in unscheduled absences the time to cover the absence shall be deducted from the scheduled employee's elective time bank. The ultimate responsibility to cover the shift, or cover the absence, rests with the employee normally scheduled for the shift and not with the employee consenting to cover the shift on a "watch swap." D. When it becomes apparent that a previously scheduled and approved "Watch Swap" will not 














24 be able to be fulfilled, and the absence would result in the shift staffing below approved minimum staffing levels, the Department will not authorize overtime to staff the shift to minimum staffing levels. In such an instance it will be the responsibility of the normally scheduled employee to staff the shift or arrange for an alternate "Watch Swap." E. "Watch Swaps" are acknowledged by the UCPOA as private agreements between the individual members and as such are not subject to terms and conditions of the Fair Labor Standards Act (FLSA) as they are; A) Voluntarily undertaken and agreed to solely by the employees and, (B) Approved by the Department.

4.13 MILITARY LEAVE
The City shall provide eligible employees military leave benefits in accordance with State and Federal statutes, as well as any City policies, rules or regulations that provide benefits that exceed state and federal statutes.

SECTION 5.00 HEALTH AND WELFARE BENEFITS

5.1 HEALTH PLAN
Effective January 1st, 2025, the City agrees to contribute to a cafeteria plan an amount up to Two Thousand One Hundred and Twenty-Five Dollars ($2,125) per month toward the cost of medical, dental and vision premiums and other eligible benefits for all bargaining unit members, regardless of in which plan(s) they are enrolled.

5.2 LIFE INSURANCE
The City agrees to provide one hundred thousand dollars ($100,000.00) for life insurance and accidental death and dismemberment coverage for all bargaining unit employees. Increased life insurance may be added at the employee's expense.

5.3 DISABILITY INSURANCE
The City agrees to pay the disability insurance premium per bargaining unit employee to a carrier designated by the Association.

5.4 SPOUSAL/ALTERNATE COVERAGE
Employees who are covered for medical benefits through a spouse's or domestic partner's alternative medical insurance plan · may elect not to enroll in a city medical plan. In lieu of medical coverage, the City will contribute to the employee's deferred compensation account, or add to salary, three hundred and fifty dollars ($350.00) per month. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of alternate medical coverage.















25 5.5 RETIREE MEDICAL PLAN
Premium Reimbursement Benefit - Employees Hired Prior to January 1st, 2013* Retirees are not required to continue in the existing City or Association medical health plans upon retirement. Retirees shall receive the benefit monies under this Section in monthly payments. The City will annually require appropriate documentation to verify the cost employees are paying for medical coverage. Because of the documentation required, the City will not provide retirees a 1099R form.

Beginning July 1, 2002, the following benefit will be available:

After fifteen (15) years of service as a member of Union City Police Officers Association- Fifty percent (50%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $1,000 per month.

After twenty (20) years of service as a member of Union City Police Officers AssociationSeventy five percent (75%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $1,500 per month.

After twenty-five (25) years of service as a member of Union City Police Officers AssociationOne hundred percent (100%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser S1 + one benefit, to a maximum of $2,000 per month.

For those who retire, fifty percent (50%) of the above benefit will continue to any eligible surviving spouse or domestic partner, as long as the surviving spouse or domestic partner does not remarry or enter into another domestic partnership recognized under California law.

Premium Reimbursement Benefit - Employees Hired on Or After January 1st, 2013* After fifteen (15) years of service as a member of the Union City Police Officers Association - Fifty percent (50%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single benefit to a maximum of $500 per month.

After twenty (20) years of service as a member of the Union City Police Officers Association - Seventy-five percent (75%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single benefit, to a maximum of $750 per month.

After twenty-five (25) years of service as a member of the Union City Police Officers Association - One hundred percent (100%) of the cost of the plan premium up to the CalPERS Bay Area Kaiser Single benefit, to a maximum of $1,000 per month. *Employees do not receive Years of Service credit with another employer for purposes of calculating retiree medical premium reimbursements pursuant to this Section.

Joint Contributions
Effective the first payroll period following ratification, employees will contribute one and one-half percent (1.5%) of salary per pay period to pre-fund the Union City Retiree Medical Fund (UCRMF). The City shall match employee contributions each payroll period to further pre-fund the UCRMF.















26 City Contributions
The City will contribute annually to the fund an amount reasonably necessary to fund the above benefit.

Medicare Eligible Retirees and Spouses
Retiree Medical Benefits shall be available until such time as the retiree or spouse is eligible for Medicare, at which time the retiree medical plan benefits shall be limited to Medicare Supplemental Benefit of the CalPERS plans.

When a retiree's spouse is a full-time employee of Union City, the retiree medical benefit shall commence when their spouse either retires or leaves employment with the City. At no time shall retiree and spouse receive double retiree medical benefits either as an active employee and retiree or when both employee and spouse are retired.

5.6 DOMESTIC PARTNERS
A "Domestic Partnership" shall exist between two persons, one of whom is an employee of the City of Union City, if the employee and Domestic Partner are registered as Domestic Partners with the California Secretary of State's Office. Domestic Partners shall have the same rights, protections and benefits, as well as the same responsibilities, obligations and duties provided to current and former spouses under California State law and this MOU, including the rights to community property, defined benefit pensions and health benefits of the employee. The employee must provide proof to the City's Personnel Office that the employee has registered with the California Secretary of State's Office as a Domestic Partner. The employee must also promptly notify the City's Personnel Office should the employee's Domestic Partnership end.

Cohabitating heterosexual couples that satisfy all of the requirements for Domestic Partnership under California law other than being of the same gender shall be entitled to the same dental and vision benefits as Domestic Partners, but shall have no other rights, including rights to health contributions or other benefits or accruals, than other couples who are not married or in a registered Domestic Partnership recognized by California law. Cohabitating couples that satisfy the requirements of this section must file an "Affidavit of Cohabitation" with the Personnel Office to qualify for the dental and vision benefits. The employee must also promptly notify the City's Personnel Office should the employee's cohabitating relationship as set forth in this paragraph and in the "Affidavit of Cohabitation" end.

SECTION 6.00 UNIFORMS

6.1 UNIFORM ALLOWANCE
The annual uniform allowance provided for each position represented shall be:

Sworn $1,250.00
Community Service Aide $1,000.00
Public Services Officer $1,000.00
All Other Non-Sworn $1,000.00















27 For new employees, the initial uniform allowance shall be four hundred fifty dollars ($450.00) for a Police Officer and three hundred twenty-five dollars ($325.00) for non-sworn personnel.

Uniform allowance payments shall be made in twenty-six (26) equal payments coinciding with each pay period. Employees whose official City position classification is eligible for payment of a uniform allowance shall be required to wear the designated uniform during all on-duty hours, except as may be exempted by the employee's Division Commander.

SECTION 7.00 MISCELLANEOUS PROVISIONS

7.1 SALARY UPON PROMOTION
In the case of promotions within the bargaining unit, the City agrees to pay the promoted employee a minimum of five percent (5%) above the top step salary including additional compensation under 2.10 and 2.11 for the position from which the employee was promoted.

7.2 PROFESSIONAL ACHIEVEMENT PROGRAM
The purpose of the professional achievement program is to encourage and reward the educational and professional achievements of the career law enforcement employee, who, by preparing for advancement, has contributed to raising the efficiency and effectiveness of the Police Department.

This program applies to both sworn and non-sworn. Employees may receive compensation for either the P.O.S.T. Certificate Incentive or the Education Incentive, but not both.

The employee must provide written notification and all proper documentation to the City for eligibility in this Professional Achievement Program. Academic degrees from institutions submitted for incentive pay must be from an institution listed by an accrediting agency recognized by the United States Department of Education. Requirements for eligibility are as follows:

A. SWORN EMPLOYEES
P.O.S.T. Incentive

2.5%: Possess Intermediate P.O.S.T. Certificate

5.0%: Possess Advanced P.O.S.T. Certificate
Education Incentive

2.5%: Possess AA or AS Degree

5.0%: Possess BA or BS Degree
In no case will the total incentive (P.O.S.T. Incentive and/or Education Incentive) received under this Professional Achievement Program for sworn employees exceed 5.0%.

B. NON-SWORN EMPLOYEES

2.5%: Possess AA or AS Degree

5.0%: Possess BA or BS Degree

7.5%: Possess MA or MS Degree
In no case will the total incentive (Education Incentive) received under this Professional Achievement Program for non-sworn employees exceed 7.5%. 














28 7.3 LAYOFF PROCEDURE
Pursuant to Section 2.40 of Ordinance No. 149-76, the City Council may abolish any position or employment in the competitive series and the incumbent(s) of such positions may be laid off, demoted, or transferred, without disciplinary action. The City Council shall notify the City Manager (Appointing Authority) of the intent to layoff whenever layoffs are necessary in the interest of economy or whenever the necessity for the position(s) no longer exists. The Appointing Authority shall immediately notify all employees, and the Union City Police Officers' Association (POA), of the proposed action and allow reasonable time for representatives of the City and POA to meet and confer on the effects, if any, of the proposed actions, and consider such alternatives as they may propose. Such notification shall include notice of all public hearings regarding the action.

The criteria applied in determining particular employees to be laid off, transferred, or demoted, shall be those specified in this side letter of agreement.

Unless specifically mentioned in this side letter, all other layoff and reemployment procedures shall remain in effect as specified in City Personnel Rule Thirteen.

Layoff Procedure (Supersedes 13.01 of Rule 13)

1. Layoff shall be on a citywide basis by prescribed classification.

2. No regular employee in an affected classification shall be laid off if the City retains employees with non-regular status in the same classification. Employees with nonregular status in an affected classification shall be laid off in the following order:
emergency, seasonal, temporary, provisional, and probationary.

3. If authorized part-time positions in a particular classification remain after the abolishment of full-time, regular and non-regular positions, the part- time position shall be offered to the next eligible full-time employee within that classification.

4. The order of layoff by classification shall be in reverse order of seniority within classification. Seniority shall mean time employed by the City based on promotion date and hire date, uninterrupted by continuous employment service to the city of Union City.

5. Employees on paid or unpaid leaves of absence at the time of a layoff shall be treated the same as if they were in an employed status and do not waive right to reinstatement according to their seniority status.

6. Seniority shall be computed on the basis of promotion/employment dates with uninterrupted breaks in service, including time spent in temporary, provisional or probationary employment status before obtaining permanent employee status.

7. Seniority dates will be adjusted to reflect any break in service, which would include all unpaid leaves of absence, excluding leaves as a result of "on the job” injuries.

8. For the purposes of seniority calculation, time spent in the classification of police recruit I or II shall be considered the same as police officer.

9. If two or more employees have the same seniority for a given classification, the order of layoff shall be determined by their position on the police department seniority list (the list most commonly used to determine the vacation and shift sign-up order). 














29 10. A Police Department employee who is laid off has the right of displacement to a position previously held within the Police Department, or to a position held by the least senior person in the successive lower classification series (position supervised), provided the following criteria are met:
a. The laid-off employee's total seniority time within classification (the total of time in current classification plus time spent in lower classification to be bumped) exceed the total seniority time of at least one employee in the lower classification.
b. The laid off employee meets the full qualifications of the lower classification:
and,
c. The laid off employee has either served in the classification series or has been supervisory to the classification being considered.

11. The Appointing Authority shall first communicate to the Administrative Services Director the classification(s) of positions to be considered for layoff. The Administrative Services Director shall provide to the Appointing Authority a list of employees who will be affected by the proposed layoff, together with designation of seniority. The Appointing Authority shall assign remaining staff to existing functions and services in a manner that in their opinion best reflects the City's organizational needs and priorities. Such assignments and/or reassignments shall be consistent with the employee's classification.

12. In lieu of displacing an employee to a part-time position or to a position status that differs from their position held prior to layoffs, an employee may choose to be laid-off without jeopardizing their reinstatement rights.

Section 13.02 of Rule 13 shall remain intact.

Section 13.03 of Rule 13 shall remain intact, with the exception of the following sections:
a. Lay-off time that exceeds 30 days shall cause the seniority date of the employee to be adjusted commensurate with the length of absence exceeding thirty days, with the exception of determining vacations as set forth in Rule 13. b. An employee who voluntarily separates from the Police Department shall have no right to placement on any lay-off list created as a result of a lay-off in their former classification. They will retain re- employment rights consistent with City Personnel Rules, after those on the lay-off list have been rehired or refused an offer to be rehired.

7.4 WORK SCHEDULE AND SHIFT SELECTION
The parties agree to work a 3/12:20/40 Work Schedule for sworn positions in Patrol and Traffic Operations. All other bargaining unit staff shall work a 4/10/40 schedule. Implementation of these work schedules is subject to the conditions agreed upon by the Association and the City, as memorialized in the collective agreement between the parties effective 1996 - 1999.

The parties agree that if the Chief of Police, for operational needs, deems it necessary to temporarily change the above schedules, those personnel assigned to work a 3/12:20/40 work schedule shall have their work schedule altered to no less than a 4/10/40 work schedule. 














30 Shift selection shall remain in effect for twelve (12) months for all eligible members with less than (10) years of seniority within the Department; all eligible members with ten (10) or more years seniority may select shifts for twenty-four (24) months. This option is applicable only to those sworn employees assigned to the patrol function. This option is not applicable to non-sworn employees or sworn employees assigned to specialties. The Association and City agree to review the shift selection issue after two years of implementation of this section and to Meet & Confer on potential refinement thereto.

7.5 POLICE OFFICER RECRUIT
Non-lateral sworn employees shall be hired with the classification of "Police Officer Recruit II". "Police Officer Recruit II" shall be compensated in the same fashion as the classification of "Police Officer" with the following exceptions:

A. Prior to successful completion of a P.O.S.T. approved academy, a Police Officer Trainee shall be compensated at a salary of five dollars ($5.00) less per hour than that of an "A" step Police Officer.

B. Upon successful completion of a P.O.S.T. approved academy, "Police Officer Recruit II" shall be compensated at a salary range of two dollars and fifty cents ($2.50) less per hour than that of an "A" step Police Officer until successful completion of the Union City Police Department Recruit Field Training Program.

C. Upon successful completion of the Union City Police Department Recruit Field Training Program, the employee shall be compensated at the "A" step salary rate for the position of Police Officer.

Candidates qualifying as lateral hires, and hired as such, shall be hired as Police Officers at the salary step commensurate with their experience as determined by the City.

7.6 LEAVE OPEN

7.7 PROBATIONARY PERIOD – POLICE OFFICER
Probationary period for Police Officer shall commence upon appointment or promotion to the rank of Recruit II, i.e., Start of Field Training period.

SECTION 8.00 GRIEVANCE PROCEDURE

8.1 PURPOSE
The purpose of this Grievance Procedure is to promote communication and improve employeremployee relations by establishing a process to encourage settlement of disputes. The parties recognize that it is in their mutual interest to resolve problems expeditiously at the lowest possible administrative level. Any resolution of dispute at this level must be consistent with the terms of this Agreement.















31 8.2 GRIEVANCE DEFINITION
A grievance shall be defined as a dispute arising from the application or interpretation of a specific Article or Articles of this Agreement or specific section(s) of the City Personnel Rules. A disciplinary action imposed by the City shall not be cause for a grievance unless it is specifically alleged that such action represents an incorrect application or violation of this Agreement. In no event shall this Agreement alter or interfere with the disciplinary procedure previously followed by the City, or provided for by the City Personnel Rules and Regulations, ordinance or law, including the procedure for disciplinary appeals as provided in Section 9.00 of the City Personnel Rules.

8.3 PROCEDURE FOR GRIEVANCES
Step 1 - Police Captain:

The affected bargaining unit employee and/or his or her Union representative shall submit a written grievance to the employee's Police Captain within ten (10) working days of the date the grievant knew or could reasonably have become aware of the alleged violation. The written grievance shall contain the following information:
a) a statement of the grievance, the facts upon which it is based, and the person(s) involved.
b) the specific Section(s) of this Agreement, the City Personnel Rules, or other regulations alleged to have been violated.
c) the remedy requested; and
d) the aggrieved employee's signature.

The Police Captain shall respond in writing within ten (10) working days of receipt of the written grievance. The written response at this step (and all management responses at all steps hereafter) shall contain the following information:
a) an affirmation or denial of the facts upon which the grievance is based. b) an analysis of the alleged violation of the Agreement, or the City Personnel Rules. c) a response to the remedy requested; and
d) the Police Captain's signature.

Step 2 - Police Chief:

If the grievance is not resolved at Step 1, the grievant or the grievant Union Representative shall submit the written grievance to the Police Chief within ten (10) working days of receipt of the Police Captain's written response. The Police Chief shall respond in writing to this grievance within ten (10) working days of receipt of the written grievance.

Step 3 - City Manager:

Should the grievance remain unsolved at Step 2, the written grievance shall be submitted within ten (10) working days of receipt of the Step 2 response to the City Manager or City Manager's 














32 designee, who shall meet with the Union Representative within thirty (30) working days of receipt of the written grievance. The City Manager or City Manager's designee shall provide a written response within ten (10) working days of the date of discussion with the Union Representative.

Step 4 - Arbitration:

If the grievance is not resolved at Step 3, the Union Representative shall, within ten (10) working days of receipt of the Step 3 response, notify the City Manager in writing of the request to submit the grievance to arbitration.

Arbitration:

If the parties are unable to mutually agree on the selection of an arbitrator, the names of the five (5) arbitrators shall be obtained from the California State Mediation and Conciliation Service. By coin toss, the losing party shall strike one (1) name from the panel list. The other party shall strike one (1) name alternately until only one (1) name remains, who shall serve as the arbitrator.

The city and the Union agree to divide equally the cost of the arbitrator and the court reporter.

Each party shall bear their own respective costs of making their presentation to the arbitrator, including but not limited to, their own attorneys' fees, expert witness fees, regular witness fees, and related costs. The arbitrator's decision shall be final and binding; however, the arbitrator shall have no power to add to, subtract from or alter, change or modify the terms of this Agreement or the City's Personnel Rules, and the arbitrator's power shall be limited to the interpretation or application of this Agreement or the City's Personnel Rules. The arbitrator shall issue a written decision within forty-five (45) calendar days of the close of the hearing or issue a bench decision if mutually agreed to and requested by both parties to this Agreement.

Time Limits:

Any time limits specified in this Grievance Procedure may be extended by mutual agreement.

Requests for an agreement to extend any deadline shall be confined in writing. Except for time extensions by mutual agreement, failure by the employee or the Union to follow the established time limits shall cause the grievance to be considered withdrawn. Failure by the City to follow the established time limits shall cause the grievance to be settled in favor of the employee.

Witnesses:

Persons who have direct knowledge of circumstances relating to the grievance may be released from their duties to provide testimony at any stage of the proceedings. At the request of either party, witnesses who have not yet testified may be sequestered from the hearing. The grievant or the grievant Union Representative shall provide reasonable advance notification to the City of any requests to release employees from their regular duties to attend any such proceedings.

Employees shall be compensated at their regular rate of pay for actual time spent in such meetings.

SECTION 9.00 DISCIPLINE

9.1 DISCIPLINARY INVESTIGATIONS
All sworn members shall be afforded all rights listed in the Government Code Sections 3300- 3311, Public Safety Officer Procedural Bill of Rights Act. The City shall utilize the same procedures for all non-sworn employees for conducting investigations, entering adverse comments into personnel files, permitting inspection of personnel files, and searching lockers. 














33 9.2 STANDARD DISCIPLINARY APPEAL PROCEDURE
An appeal from standard disciplinary action shall be in writing and subject to the following procedure. Appeals of written reprimands shall be appealable only to the Chief of Police (Department Head), with no further right of appeal.

Definition of Standard Disciplinary Action:

For the purpose of this provision, a standard disciplinary action shall mean a written reprimand, reduction in salary, equal to or less than a suspension of 160 hours, suspension equal to or less than 160 hours, or disciplinary transfer.

Procedure:

Appeals from standard discipline imposed by a Police Captain of Police Lieutenant must be initiated at Step 1. Appeals from standard discipline imposed by the Police Chief may be initiated at Step 2. Appeals from standard discipline imposed by the City Manager may be initiated at Step

3. Step 1 - Police Chief:

The employee may appeal standard discipline to the Police Chief or designee by submitting a written notice of appeal within ten (10) working days of receipt of notification of disciplinary action. Such appeal shall be made in person before the Police Chief or designee or filed in writing with the Police Chief or designee at a mutually agreed upon time after the employee's receipt of all investigation materials. The Police Chief or designee shall provide a written response to the employee within ten (10) working days after the later of either the employee submitting the appeal to the Police Chief or designee or providing an in-person response to the Police Chief or designee. There shall be no further appeal of a written reprimand beyond Step 1 of the Standard Discipline Appeal Procedure.

Step 2 - City Manager:

If the employee is dissatisfied with the response at Step 1, and the disciplinary action is one of the discipline actions defined in this section other than a written reprimand, the employee may file a written notice of appeal with either the City Manager or City Manager's designee. Such appeal shall be made in person before the City Manager or designee or filed in writing with the City Manager or designee within thirty (30) working days of receipt of the appeal from Step 1, or in the event there is no Step 1, at a mutually agreed upon time after the employee's receipt of all investigation materials. The City Manager or City Manager's designee shall provide a written response to the employee within ten (10) working days of the date of discussion with the employee and/or the employee's chosen Association Representative.

Step 3 - Factfinder:

If the employee is dissatisfied with the response of Step 2, and the disciplinary action is one of the discipline actions defined in this section other than a written reprimand, the employee or the employee's Association Representative may request involvement of a factfinder within thirty (30) days of the meeting held at Step 2, by filing a written notice with the City Manager or designee.

The names of five (5) factfinders shall be obtained from the California State Mediation and Conciliation Service. Beginning with a coin toss, the City and the Association shall alternately strike names from the list until one remains. The City and the Association agree to divide equally 














34 the cost of the factfinder and the court reporter. Each party shall bear their own respective costs of making their presentation to the factfinder, including but not limited to, their ·own attorneys' fees, expert witness fees, regular witness fees, and related costs. The factfinder designated to hear the appeal shall submit findings of fact and conclusions to the parties. The fact-finder's recommendation must be accepted by both the Association and the City Council in order to be effective. In the event the fact-finder's recommendation(s) are rejected by either party, the determination at the prior level shall stand. The factfinder shall have no authority to add to, subtract from, alter, change, or modify the terms of this Agreement, and the fact-finder's power shall be limited to addressing the facts and merits of the disciplinary action being appealed.

9.3 MAJOR DISCIPLINARY APPEAL PROCEDURE
An appeal from a major disciplinary action shall be in writing and subject to the following procedure.

Definition of a Major Disciplinary Action
For the purpose of this provision, a major disciplinary action shall mean a reduction in salary equal to more than a suspension of 160 hours, suspension for more than 160 hours, a demotion, or discharge (termination).

Procedure:

Step 1 - City Manager:

The employee may appeal major discipline, if the disciplinary action is one of the disciplines defined in Definition of a Major Disciplinary Action, to the City Manager or City Manager's designee by submitting a written notice of appeal within ten (10) working days of receipt of notification of major disciplinary action. Such appeal shall be made in person before the City Manager or designee or filed in writing with the City Manager or City Manager's designee, at a mutually agreed upon time after the employee’s receipt of all investigation materials. The City Manager or City Manager’s designee shall provide a written response to the employee within ten (10) working days after the later of either the employee submitting the appeal to the City Manager or designee or providing an in-person response to the City Manager or designee.

Step 2 - Arbitration:

If the Association or the employee is dissatisfied with the response of Step 1, and the disciplinary action is one of the disciplines defined in Definition of a Major Disciplinary Action, the Association Representative may request involvement of an Arbitrator within thirty (30) days of the meeting held at Step 1, by filing a written notice with the City Manager or the City Manager's designee.

The names of seven (7) Arbitrators shall be obtained from the California State Mediation and Conciliation Service. The City and the Association agree to divide equally the cost of the list of Arbitrators. Beginning with a coin toss, the City and the Association shall alternately strike names from the list until one remains.

The City and the Association agree to divide equally the cost of the Arbitrator and the court reporter.

Each party shall bear their own respective costs of making their presentation to the Arbitrator, including but not limited to, their own attorneys' fees, expert witness fees, regular witness fees, and related costs.

The Arbitrator shall have no authority to add to, subtract from, alter, change, or modify the terms of this Agreement, and the Arbitrator's power shall be limited to addressing the facts and merits of the 














35 disciplinary action being appealed.

The decision of the Arbitrator shall be final and binding on the parties.

9.4 EXCLUSIONS/LIMITATIONS
The procedures set forth in Section 9.02 and 9.03 shall not be applicable to the following employees, nor not shall they be applicable to any City action(s) as to which an administrative appeal already exists elsewhere in this Agreement or law:
a) Probationary employees who are rejected during probation (except probationary employees are entitled to meet with the Police Chief); and b) any temporary or provisional employees.

9.5 CONDUCT OF HEARING
The hearing shall be conducted according to the Code of Civil Procedure, Section 1282, et seq.

9.6 TIME LIMITS
Any time limits specified in this Disciplinary Appeal Procedure may be extended by mutual agreement. Requests for an agreement to extend any deadline shall be confirmed in writing.

Except for time extensions by mutual agreement, failure by the employee, the Association, or City to follow the established time limits shall automatically cause the appeal to be moved to the next level.

9.7 WITNESSES
Persons who have direct knowledge of the circumstances relating to the appeal may be released from their duties to provide testimony. At the request of either party, witnesses who have not yet testified may be sequestered from the hearing. The parties shall provide each other with a final witness list within three (3) business days of the arbitration. The appellant or the appellant's Association Representative shall provide reasonable advance notification to the City of any requests to release employees from their regular duties to attend any such proceedings.

Employees shall be compensated at their regular rate of pay for actual time spent attending such meetings.

SECTION 10.00 SEPERABILITY
Should any section, clause, or provision of the Agreement 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, and those other portions shall remain in full force and effect for the duration of this Agreement. Furthermore, the parties shall meet and confer pursuant to Government Code Sections 3500, et seq. for the purpose of arriving at a mutually satisfactory resolution regarding any invalid or unlawful provision. 














36 SECTION 11.00 COMPLETION OF NEGOTIATIONS
During negotiations which resulted in this Agreement, both parties acknowledge that each had the right and opportunity to make demands and proposals with respect to all subjects within the scope of representation. Therefore, for. the term of this Agreement, the parties shall not be obligated to meet and confer with respect to any subject specifically referred to or covered in this Agreement, or to any subject discussed and later withdrawn by either party, except the parties shall meet quarterly to review those sidebar items identified in the negotiation process and any other contract(s) items that either party deems necessary.

SECTION 12.00
This Agreement shall continue in full force and effect from January 1, 2025, until December 31, 2027.

FOR THE CITY: FOR THE ASSOCIATION:
______________________________________ ______________________________________ Jason Castleberry, Human Resources Director Ian Hobson, Police Officers’ Association ______________________________________ ______________________________________ Joan Malloy, City Manager Brandon Hayward, Police Officers’ Association ______________________________________
Jeff Bailey, IEDA Labor Negotiator
Date: ______________ Date: ______________

















 


37 City of Union City and
Union City Police Officers’ Association
Side Letter of Agreement
This Side Letter is by and between Union City Police Officers’ Association (“POA”) and the City of Union City (“City”) and will become effective pending the ratification and approval of the 2021-2024 MOU between the City and the POA.

During negotiations for 2021-2024 MOU between the City and the POA, the POA presented its Proposal #7 on 10/13/21 to change the medical benefits for retirees hired on or after January 1, 2013 from the current Union City Retiree Medical Fund (UCRMF) program to a retiree medical expense reimbursement plan administered by the PORAC Retiree Medical Trust. Although there is a mutual interest in exploring the potential benefits of this proposal, the parties acknowledge that additional time is needed to analyze the proposal and its potential impacts.

To complete the negotiations for the 2021 MOU in a timely manner, the City and the POA agree to address POA Proposal #7 separately from the successor MOU negotiations. The POA hereby agrees to withdraw its Proposal #7 for the purposes MOU negotiations, and the City and the POA shall meet and confer in good faith over POA Proposal #7 upon the conclusion of negotiations for the 2021-2024 MOU.

The parties agree that no changes to retiree medical benefits shall be made absent mutual agreement of the parties.

The parties agree to schedule their first meet and confer meeting on this topic within sixty days of the approval of the 2021-2024 POA MOU by the City Council.

FOR THE CITY: FOR THE ASSOCIATION:
_______________________________ ___________________________ _______________________________ ___________________________ _______________________________ ___________________________ Date:______________ Date:___________















Appendix 1
For purposes of compiling labor market data, and comparing total compensation, the parties agree to use the following eight survey agencies:

Fremont Pleasanton
Hayward San Leandro
Milpitas Redwood City
Newark Livermore
Factors the parties considered relevant in deciding to use these comparison agencies include city revenue per capita; size of city budget; scope and type of municipal services provided; median household income; population served; number of city employees, and geographic proximity.

The salary and benefits that will be included in total compensation surveys shall be the following: Top Step Salary, Total Employee PERS Contribution for New Members (PEPRA), Uniform Allowance, Educational Incentive, and maximum employer contributions to Medical, Vision, and Dental premiums. The City and the Association further agree to survey Paid Time Off accruals (e.g. vacation, sick leave, holiday, annual leave, etc.) as part of total compensation studies for future negotiations, but such data will not be included in preparing Market Equity Adjustments.
















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The City of Union City (“City”) and the Police Officers’ Association (“POA”) (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 Executive Assistant to the Police Chief position; and
WHEREAS, the City and POA desire to have POA serve as the sole and exclusive bargaining representative for the Executive Assistant to the Police Chief position; and WHEREAS, the Parties desire to enter into a Side Letter clarifying and memorializing the Parties’ agreement.

NOW, THEREFORE, the Parties agree to amend Section 1.2, Recognition, of the Memorandum of Understanding to add the classification of Executive Assistant to the Police Chief.

FOR THE CITY: FOR POA:
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:ŽĂŶDĂůůŽLJ ĂƚĞ :ĂŵĞƐŽƌĚĞƌŽ ĂƚĞ















The City of Union City (“City”) and Police Officer Association (POA) (collectively the “Parties”) enter into this side letter to the Parties’ Memorandum of Understanding effective January 1, 2025 through December 31, 2027, to amend Health and Welfare Benefits Section 5.1 (Health Plan) of the Memorandum of Understanding.

WHEREAS, Section 5.1 of the Memorandum of Understanding established that “the City agrees to contribute to a cafeteria plan an amount up to Two Thousand One Hundred and Twenty-Five Dollars ($2,125) per month toward the cost of medical, dental and vision premiums and other eligible benefits for all bargaining unit members, regardless of in which plan(s) they are enrolled[;]” and
WHEREAS, the City and the POA entered into a Tentative Agreement (“Tentative Agreement”) which established that: “[…] if, during the negotiations for the City's MOUs for the term beginning January 1, 2025, the City agrees to provide any other bargaining unit a health plan contribution in an amount greater than Two Thousand One Hundred and Twenty Five Dollars ($2,125) per month, the City will increase the health plan contribution to eligible Association members to the same amount, on the same terms and on the same effective date as the bargaining unit with the greater benefit[;]”and
WHEREAS, on April 8, 2025, the City adopted a resolution that approved and adopted the Memorandum of Understanding between the City of Union City (City) and the Service Employees’ International Union (SEIU) for the period of January 1, 2025, through December 31, 2027 (SEIU MOU); and
WHEREAS, Section 8.1 (MEDICAL INSURANCE) of the SEIU MOU, increased cafeteria plan contribution benefits for employees in the classifications identified in the SEIU MOU in the following ways: (1) it increased the cafeteria plan monthly allowance from $2,000 to $2,200, effective the first pay date of the month following City Council’s approval of the SEIU MOU (May 2025); (2) it provided an additional increase to the cafeteria plan monthly allowance from $2,200 to $2,250, effective the first pay date of 2027 (January 2027); and Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Police Officer Association (POA)
Docusign Envelope ID: B2D4FA4A-5E07-4618-966F-1B654B56D776 WHEREAS, pursuant to the Tentative Agreement between the City and the POA, the City shall now increase the cafeteria plan contribution to eligible POA members to the same amount, on the same terms and on the same effective date as the SEIU MOU; and WHEREAS, the City and POA agree that effective the first pay date of the month following City Council approval of this Agreement (May 2025), the City shall increase its contribution to the cafeteria plan to up to Two Thousand Two Hundred Dollars ($2,200) per month for each employee; and
WHEREAS, the City and POA agree that effective the first pay date of 2027, the City shall increase its contribution to the cafeteria plan to up to Two Thousand Two Hundred Fifty Dollars ($2,250) per month for each employee; and
WHEREAS the Parties wish to enter into a side letter clarifying and memorializing the Parties’ agreement.

NOW, THEREFORE the Parties agree to amend Section 5.1 (Health Plan), of the Memorandum of Understanding to include the following:

Effective the first pay date of May 2025, the City shall increase its contribution to the cafeteria plan up to Two Thousand Two Hundred dollars ($2,200) per month toward the cost of medical, dental and vision premiums and other eligible benefits for all bargaining unit members, regardless of in which plan(s) they are enrolled
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 toward the cost of medical, dental and vision premiums and other eligible benefits for all bargaining unit members, regardless of in which plan(s) they are enrolled
For Union City: For POA:
___________________________ ___________________________ Joan Malloy, City Manager Ian Hobson, Unit Leader
___________________________ ___________________________ Jason Castleberry, Human Resources Director Brandon Hayward, Unit Leader Docusign Envelope ID: B2D4FA4A-5E07-4618-966F-1B654B56D776 4/21/2025
4/21/2025
4/21/2025
4/22/2025