Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Professional Employees Group, Operating Engineers Local 3 The City of Union City (the “City”) and the Professional Employees Group (“PEG”), Operating Engineers Local 3, (collectively the “Parties”) enter into this side letter to the Parties’ Memorandum of Understanding effective January 1, 2025 to December 31, 2027 regarding suspension on maximum administrative leave 2 accruals for Fiscal Year (“FY”) 2024-2025 and to address unused floating holiday hours from FY 2024-2025.
WHEREAS, in 2024-2025, due to operational changes at the City, members in PEG may have not have been able to utilize administrative leave 2 hours or floating holiday hours due to the need to provide critical staffing and services.
WHEREAS, in response, the City seeks to temporarily suspend the maximum administrative leave 2 accrual limit and allow the use of unused floating holiday hours for FY 2024-2025 to allow employees to utilize unused floating holiday hours and administrative leave 2 hours in excess of the maximum amounts permitted pursuant to the January 1, 2022 to December 31, 2024 Memorandum of Understanding between the Parties.
WHEREAS, in order to do so, the City and PEG desire to provide for a one-time opportunity to allow any excess administrative leave 2 accruals from Fiscal Year 2024-2025 to go into the employee’s administrative leave 2 hours bank. Similarly, the City and PEG desire to provide for a one-time opportunity to allow any unused floating holiday hours from Fiscal Year 2024-2025 to go into the employee’s floating holiday hours bank.
WHEREAS, the City and PEG desire to enter into a side letter to memorialize the above.
NOW, THEREFORE the Parties agree to the following, effective upon fully executed agreement:
1. The City shall restore hours to the following existing banks, applicable for only FY 2024- 2025:
a. One for any administrative leave 2 hours that would have been accrued throughout FY 2024-2025 in excess of the maximum amount permitted pursuant to the January 1, 2022 to December 31, 2024 Memorandum of Understanding between the Parties.
b. One for any unused floating holiday hours as of 6/30/25 pursuant to the January 1, 2022 to December 31, 2024 Memorandum of Understanding between the Parties. c. These restored hours shall be utilized first before any existing hours in either bank are applied and shall be subject to the same terms and conditions that apply to administrative leave 2 hours and floating holiday hours as set forth in the current Memorandum of Understanding between the Parties. The banks will be updated to account for any administrative leave 2 hours in excess of the maximum amount, and for the unused floating holiday hours, only from employees that are active as of the date of this side letter.
2. Access to these excess administrative leave 2 hours outlined in Provision 1 of this side letter shall be available for use only by active employees, currently employed in a job classification represented by PEG, and who were unable to accrue additional administrative leave 2 hours because of reaching the maximum number of hours allowed in FY 2024-2025.
3. Access to these unused floating holiday hours outlined in Provision 1 of this side letter shall be available for use only by active employees, currently employed in a job classification represented by PEG, who were unable to use all of their floating holiday hours in FY 2024-2025.
4. In no circumstances shall PEG members be allowed to cash out accruals from these restored hours that are formed pursuant to Provision 1 of this side letter. PEG acknowledges that this side letter does not confer a vested right on any employee nor does it establish any past practice, and that the benefit is being offered as a means to address unique circumstances caused by operational changes at the City and through no fault of PEG represented employees.
5. The Parties agree that this is a one-time non-precedential agreement. The Parties further agree that this side letter shall not be relied upon as precedent or as establishing a past practice of the City or PEG in any manner. This side letter shall only be used by the City and PEG in a proceeding alleging failure by a signatory to abide by the terms of the side letter.
For Union City: For OE3 – PEG:
_______________________ __________ _____________________ __________ Jason Castleberry, Date Claude Joseph, Date
Human Resources Director Field Representative
_______________________ __________
Joan Malloy, Date
City Manager