Side Letter to the Memorandum
of Understanding Between
The City of Union City
and
Union City Police Officers’ Association
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, 2025 through December 31, 2027, to amend SECTION 4.00 LEAVE ADMINISTRATION – 4.9 HOLIDAYS in its entirety to read as follows:
POA employees work in positions that require scheduled staffing without regard to holidays.
Therefore, in lieu of time off for holidays observed by the City, each 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
The designated holidays that are covered by the seventy-nine (79) hours of paid holiday time for sworn employees and sixty-six (66) hours for non-sworn employees include:
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
The holiday pay benefit is special compensation that is added to the employee’s base salary as listed in the Public Employees Retirement Law: Section 571(a)(5). Holiday pay special compensation will be reported at the rate it was earned.
The remaining forty-seven (47) hours of holiday time credit for sworn employees and sixty (60) hours of holiday time credit for non-sworn employees that is credited to their holiday time bank on July 1st of each year is not considered special compensation that is added to the employee’s base salary per Public Employees Retirement Law: Section 571(a)(5).
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.
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.
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
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.
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.”
This side letter will be effective retroactively to 1/1/2020.
FOR THE CITY: FOR POA:
____________________________________ ____________________________________ Jason Castleberry Date Ian Hobson Date
Joan Malloy Date Brandon Hayward Date