UAEA MOU 2026-2030 EXHIBIT A.PDF

City of Tempe — Regular City Council Meeting (2026-06-25)

Extracted text (via pymupdf) 96732 characters

MEMORANDUM OF UNDERSTANDING
Between
UNITED ARIZONA EMPLOYEE ASSOCIATION (UAEA)
and the
CITY OF TEMPE

July 1, 20261 – June 30, 203026

Amended
May 3, 2024
June 5, 2025

As per Tempe City Code Article VI

Table of Contents
Preamble .............................................................................................................................................................. 53
Definitions ............................................................................................................................................................ 53
ARTICLE I – RIGHTS ............................................................................................................................................... 65
Section 1-1 – Association Rights ...................................................................................................................... 65
Section 1-2 – Job Security ................................................................................................................................ 98
Section 1-3 – Seniority ..................................................................................................................................... 98
Section 1-4 – Rights of Unit Employees ......................................................................................................... 108
Section 1-5 – Personnel Files ....................................................................................................................... 1310
ARTICLE II – LABOR-MANAGEMENT RELATIONS .............................................................................................. 1411
Section 2-1 – Labor-Management Committees .......................................................................................... 1411
Section 2-2 – Support of Public Services ..................................................................................................... 1511
Section 2-3 – Grievance Procedure ............................................................................................................. 1511
ARTICLE III – WAGES & COMPENSATION .......................................................................................................... 1815
Section 3-1 – Wages .................................................................................................................................... 1815
Section 3-2 – Overtime ................................................................................................................................ 2217
Section 3-3 – Call-Back Pay .......................................................................................................................... 2318
Section 3-4 – Working Out of Classification ................................................................................................ 2319
Section 3-5 – Fiscal Crisis ............................................................................................................................. 2420
ARTICLE IV – HOURS & LEAVE ........................................................................................................................... 2521
Section 4-1 – Hours of Work ........................................................................................................................ 2521
Section 4-2 – Holidays ................................................................................................................................. 2622
Section 4-3 – Vacation ................................................................................................................................. 2723
Section 4-4 – Medical Leave ........................................................................................................................ 2824
Section 4-5 – Bereavement Leave ............................................................................................................... 2925
Section 4-6 – Disability Leave ...................................................................................................................... 3025
Section 4-7 – Industrial Leave ...................................................................................................................... 3026
Section 4-8 – Unpaid Leave ......................................................................................................................... 3126
ARTICLE V – WORKING CONDITIONS ............................................................................................................... 3126
Section 5-1 – Health & Safety ...................................................................................................................... 3126
Section 5-2 – Training & Career Development ............................................................................................ 3127
Section 5-3 – Bidding on Vacancies ............................................................................................................. 3227

Section 5-4 – Job Descriptions ..................................................................................................................... 3228
Section 5-5 – Uniforms & Equipment .......................................................................................................... 3328
Section 5-6 – Light Duty ............................................................................................................................... 3429
Section 5-7 – Drug Testing ........................................................................................................................... 3430
ARTICLE VI – BENEFITS ..................................................................................................................................... 3530
Section 6-1 – Maintenance of Existing Benefits .......................................................................................... 3530
Section 6-2 – Health Insurance .................................................................................................................... 3531
Section 6-3 – Deferred Compensation ........................................................................................................ 3632
Section 6-4 – Tuition Reimbursement ......................................................................................................... 3732
Section 6-5 – Life Insurance ......................................................................................................................... 3732
Section 6-6 – Mediflex ................................................................................................................................. 3733
Section 6-7 – Copies of MOU ....................................................................................................................... 3833
Complete Agreement ....................................................................................................................................... 3833
Term & Effect ................................................................................................................................................... 3834

Preamble

WHEREAS, the Parties, through their designated representatives, met and conferred in good faith
pursuant to Tempe City Code Article VI in order to reach agreement concerning wages, hours, and
working conditions of represented employees and,

WHEREAS, the Parties hereby acknowledge that the provisions of this Memorandum are not
intended to abrogate the authority and responsibility of City government provided for under the
statutes of the State of Arizona or the Charter or Ordinances of the City of Tempe except as
expressly and lawfully limited herein,

NOW, THEREFORE, having reached this complete agreement concerning wages, hours and
working conditions for the term specified, the Parties submit this Memorandum to the City
Council of the City of Tempe with their joint recommendation that that body resolve to adopt its
terms and take such other action as may be necessary to implement its provisions.

Definitions

For the purpose of this Memorandum of Understanding (MOU), the following definitions shall
apply:

“City”
shall mean Tempe City government

“Grievance”
shall mean an alleged violation of the provisions outlined in this MOU:
the process for review of a grievance is provided in Section 2-3
“Department”
shall mean any Department of the City of Tempe
“Retiree”
shall mean an individual who retires from City of Tempe service

“Association”
shall mean United Arizona Employee Association (UAEA)

“Unit Employee”
shall mean a City employee identified in Section 2-401 (a) (3) of the
Tempe City Code.

“Association
shall mean a Unit Employee who pays Association dues
Member”

“Association
Representative”
shall mean a City of Tempe employee representative of UAEA
designated by the Association

“Emergency”
shall mean unforeseen operational circumstances, natural
disasters, internal or external disasters, hazardous weather
conditions or civil disorders.

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ARTICLE I – RIGHTS

Section 1-1 – Association Rights

1.
UAEA, as the authorized bargaining representative, has the exclusive right to serve as the
meet and confer representative for all non-supervisory employees as described in the
Tempe City Code.

2.
The Association may elect new officers of the Association and/or assign Association
Representatives and shall notify the City Manager and Human Resources Director of such
assignments in writing. Following an election or appointment of new officers or
representatives of the Association, consultation will occur between them, their Department
Directors and Human Resources to mutually arrange any necessary scheduling or workload
adjustments to allow such officers or representatives to conduct Association-related
business as provided by this section.

3.
During the term of this Memorandum of Understanding, Association Representatives shall be
released from duty with full pay utilizing city business (CB) time when participating in any
City-directed meeting or other event where the City has requested that a union representative be in
attendance, including any grievance hearing or disciplinary meetings with an employee or to
participate in any committee or task force established by this Memorandum of
Understanding. Definitions and process for documenting City business will be outlined in the City’s
Union Leave Guideline.

Any release time to conduct Association-related business (UB) as outlined below is unpaid
unless covered by donated leave time from association members. The donation procedures
will be established by the City’s Union Leave Guideline. These hours are to be utilized by
Association Representatives as authorized by the Association for the purpose of conducting
Association-related business utilizing Association business time.

The policies governing the use and administration of these hours will be outlined in the
Union Leave Guideline which shall be adopted upon the mutual consent of both the
Association and the City, and shall be in compliance with all federal, state, and local laws. It
will further require that the Association President will be responsible for complying with the
following guidelines:

 Time will not be authorized if it results in overtime for the employee utilizing
the time or if it creates an operational problem such as lack of adequate
coverage for the Department.

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 Unless representation is requested for a Unit Employee in a matter where the
City requires a meeting in less than 48 hours, all CB & UB time utilized must be
authorized 48 hours in advance by the department director or the department
director’s designee. All use of UB and CB hours shall be properly recorded in
the City’s payroll timekeeping system. Requests to participate in Association
activities shall not be unreasonably denied.

4.
Association Representatives who participate in meetings covered by this Article at times
other than their normal work shift shall not receive compensation and said hours are not
considered time worked for the purpose of computing overtime.

Unit Employees who participate in Association meetings covered by this Article at times
other than their normal work shift shall not receive compensation and said hours are not
considered time worked for the purpose of computing overtime.

5.
The City shall furnish a listing of all Unit Employees and of Association Members on City
payroll deduction for Association dues on a monthly basis. Included with each Unit
Employee’s name shall be the Unit Employee’s current job assignment and work location;
the City shall also furnish a listing of all Unit Employees’ email addresses. The Association
agrees to use these lists solely for the purposes of communicating with Unit Employees and
will not share this information with other individuals or organizations.

6.
A. The City agrees, in conformity with Section 2-403 of the Tempe City Code, to deduct
Association dues, fees and assessments, and other voluntary deduction such as Floating
Holiday Leave donations as authorized in writing by Association Members and to
transmit such amounts and an electronic listing of such deductions to the Association
each pay period. Such deductions shall be made only when the Association Member’s
earnings for such pay period are sufficient after other legally required deductions are
made. The Association reserves the right to change during the term of this agreement
the amount withheld for all Association Members pursuant to a generalized dues
increase and agrees to give Association Members and the City thirty (30) days’ notice of
any such increase.

B. The City will deduct Floating Holiday Leave hours from an employee’s leave bank at the
request of UAEA for new members and at the time intervals outlined in the UB Guideline,
which shall be no less than quarterly.

CB. The City assumes no liability on account of any action taken pursuant to this section.
The Association agrees to indemnify, defend and hold the City, its agents, employees,
and officials, harmless for taking action in conformance with this section.

DC. Unit Employees who are or become Association Members will remain members of the
Association in good standing for at least one (1) year from the date of membership
enrollment. After the first year, Association Members may withdraw their authorization
for dues deduction upon written notice to the Association and the City during an annual
open-enrollment period of thirty (30) days preceding the anniversary date of their

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enrollment.

7.
Upon notification to the Department via a request from a UAEA Representative, reasonable
contact with Unit Employees on City grounds and facilities during lunches and outside their
work hours shall be allowed. Such contact will not disrupt the ongoing work of the
department and will conform to the safety regulations of the worksite. Upon timely
application, City facilities will be made available for use by the Association.

8.
The Association shall have the right to post notices of activities and matters of Association
business on Association bulletin boards that are for the exclusive use of the Association (up
to 4’ by 3’) in each main facility in areas frequented by Unit Employees. The Association and
only the Association will have the right to post notices on their exclusive bulletin boards.
Notice of Association meetings and agendas may be posted in the City’s e-mail meeting
folder. The City shall establish email distribution lists for Unit Employees and for Association
Members, for use by the designated Association Representative(s). The City shall maintain a
link to the UAEA web site on its Human Resources web page.

9.
The Association shall have the right to present information for one half hour during Tempe
Essentials New-Hire Orientation and the right to include materials in the orientation
packet.

10.
The City of Tempe shall provide to the Association a listing of Unit Employees who are no
longer eligible for coverage under this MOU and indicate if they retired or separated from
the City or transferred out of the UAEA bargaining unit.

11.
Annually, the Association and Human Resources will hold training/discussion sessions
on the MOU and other labor relations issues in which both UAEA Representatives
and supervisors are strongly encouraged to participate.

12.
The City and the Association agree that, as stated in the Sec. 2-403(a) of the Tempe City Code
Article VI, which governs this MOU, all Unit Employees shall have the right to participate on
behalf of or engage in activities on behalf of the Association and have the right to refrain from
such activity. Unit Employees shall be free from any interference, restraint, or coercion by any
employee, supervisor, or manager in the exercise of such right. Violations will necessitate
disciplinary action.

13.
By mutual agreement it has been determined that employee parking qualifies as a benefit
and/or working condition. The Association shall have the right to participate in meetings
with management where changes to employee parking are being discussed. The City agrees
to review and consider input from Association Representatives regarding changes to
employee parking. The City shall notify the Association of any changes regarding employee
parking no less than 30 days prior to the effective date of the change.

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14. Management agrees to a 30 days’ notice for UAEA to vacate their current Tempe Transit
Center (TTC) office. There is no guarantee that the City will provide office space for UAEA
in the future.

15.
For the duration of this agreement, UAEA Officers may reserve existing City Conference
rooms and use Microsoft Teams or other virtual resources to conduct meetings related to
Union Business.

Section 1-2 – Job Security

In the event that during the term of this agreement the City anticipates a situation such as a loss
of revenues that could result in the layoff of Unit Employees, the City agrees to follow the
guidelines of the layoff policy as established in the current Personnel Rules.
Bumping rights and the process for displaced employees will be administered in accordance with
the Personnel Rules.

Selection for layoffs will start with those Unit Employees having the least seniority. Unit Employees
who believe they were selected for layoff for any reason other than seniority may appeal their
selection through their department director as established in the City’s layoff policy.

The City shall notify the Association of its intent to lay off Unit Employees and shall discuss
alternatives with the Association no less than 90 days prior to the layoffs.

When reclassifications result in changes to job descriptions and Unit Employees currently in the
classification no longer meet the minimum qualifications, and they are unable to meet the new
minimum qualifications within 12 months, those employees shall be covered by all the provisions of
the City’s layoff policyhave the ability to administratively transfer or demote as detailed in the City
Personnel Rules if they are unable to gain the new minimum qualifications. This provision only
applies if the employee has attempted to meet the new requirements.

Section 1-3 – Seniority

For the purpose of this Agreement seniority shall be defined as the length of continuous
service with the City of Tempe including any approved leaves of absence. Where bidding
occurs, seniority shall determine rights for vacation, shifts, overtime, standby, days of work,
and the assignment of job locations. When two or more employees in the same job
classification are hired on the same date and time the tie in seniority will be broken by 1)
consideration of time as a temporary employee when applicable, and 2) by the date and time
of application submission for the hired position.

In areas where bidding does not occur, requests for vacation that are considered simultaneously
shall be determined by seniority. Once vacation is approved it will not be rescinded in order to
accommodate employees with higher seniority. Human Resources will work with the Association to
review vacation bidding issues.

Section 1-4 – Rights of Unit Employees

Association Members1 have the right to be represented by the Association, as defined in
City Code 2-400 et. seq., in dealings with the City.

a. Association Members have the right to be represented by the Association at any meeting
which could or will result in disciplinary action being taken against that Association
Member, any meeting involving work-related counseling for that Association Member, or
any meeting related to a grievance filed by that Association Member.

The Association Member will have a reasonable amount of time to obtain Association
representation, no less than three (3) full weekday workdays from the time of
notification by management of the intent to hold such a meeting.

b. Any Unit Employee under investigation for a matter that may lead to a suspension,
disciplinary pay reduction, demotion, or termination, and who is interviewed, shall be
given a written notice of the investigation no less than three (3) full weekday workdays
prior to the interview. The Unit Employee under investigation or UAEA may mechanically
or audio record such an interview. If the Unit Employee or UAEA chooses to audio record
the interview, they must notify the interviewer and provide a copy of the recording to the
City within 3 business days. If the City chooses to audio record an interview, they shall
provide notice to the Unit Employee and provide a copy of the recording to the Unit
Employee upon request.

c. For any scheduled interview, an Assocition Member has the right to bring an Association
Representative. The City will inform the Unit Employee of this right. If the City intends to
have legal counsel attend the interview, the City shall inform the employee at the time of
the interview notice. UAEA may request to provide legal counsel to the Association
member at that interview.

d. The City reserves the right to interview a Unit Employee without Association
representation if the matter involves immediate serious safety concerns for the Unit
Employee, other employees or the public, and no Association Representative is readily
available.

e. The interview session shall be a reasonable period of time, taking into consideration the

1 UAEA may choose to extend the rights of Association Members to Unit Employees.

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gravity and complexity of the misconduct being investigated.

f. If an investigation is warranted, investigations must be completed within 120 days unless
the delay is caused by the employee or UAEA. An extension can be granted by the Human
Resources Director due to extraneous circumstances, which may include complexity of the
investigation, parallel criminal investigation, etc. UAEA will be notified of such
circumstances in writing. The 120-day timeline starts at the time the City becomes aware
of an alleged violation.

g. During the course of the investigation the investigator shall not intentionally, carelessly
or recklessly misrepresent any fact or material issue to the Unit Employee. Nor will the
Unit Employee do so to the investigator.

h. A Unit Employee under investigation will be notified in writing every month as to the
current status of the investigation. This will include a brief description of the number of
known witnesses still to be interviewed and other investigative processes remaining to be
completed, as well as an estimated date of completion.

i. Departments must fully complete a Part I and provide it to the employee within 30
calendar days of the incident or within 30 calendar days from the time the City first
became aware of the incident. Extensions shall be approved by the department director
and Human Resources Director. The UAEA President shall be notified of the extension and
the reason.

j. At the time of the scheduled meeting for the Part I the investigator or
department supervisor or other City employee shall make available for review to the Unit
Employee and/or the representative any material that is being used
as a basis for the allegation of misconduct. If all material is not available during the
initial Part I meeting as determined by Human Resources, the five (5) workdays to
complete the Part II response will restart upon receipt of the additional
documentation. Material includes any video, audio, photographs, or documents
written by a complainant, witness, or investigative lead that may be included in the
investigation unless doing so would compromise a safe haven. The Unit Employee or
UAEA may request additional documents beyond those provided with the Part I that
would assist the Unit Employee in their Part II response. The Department should
consider a reasonable request for additional documents when considering a Part II
extension.

k. Unit Employees will be provided with a minimum of five (5) working days to submit a Part
II response. If the employee is scheduled to begin approved leave in fewer than five (5)
working days, the supervisor will take that into consideration when setting the deadline.
The member, or the association on behalf of the member, may request an extension from
the supervisor overseeing the disciplinary process. If the Department denies an
extension, UAEA may appeal the denial to Human Resources. The appeal must be
requested within 24 hours of the denial.

The use of requested Union Business (UB) time of up to 120 minutes by an Association
Member to work on a Part II response in coordination with a union representative will
not be unreasonably denied by the employee’s supervisor.

l. The Part III must be completed and provided to the employee within 30 calendar days of
the employee’s receipt of the Part I. Exceptions shall be approved by the department
director and Human Resources Director. UAEA shall be notified of any extensions to the
Part III. The Department must obtain City Manager approval if the Part III response will
exceed ninety (90) calendar days from the receipt of the Part II response.

m. The City agrees to follow the guidelines established in the Personnel Rules and
Disciplinary Process Guideline for any disciplinary process and agrees to follow the
principles of progressive discipline, just cause and due process in the disciplinary process
in a timely manner. Unit Employees may attach rebuttal statements to the Part III.

1.
Unit Employees may request to have a representative of the Association present at any
meeting they reasonably believe could result in disciplinary action being taken against that
Unit Employee or any meeting involving work-related counseling for that Unit Employee.
The Unit Employee will have a reasonable amount of time to obtain Association
representation, no less than three (3) full weekday workdays from the time of notification
by management of the intent to hold such a meeting.

If an employee’s work hours are outside of the City’s standard business hours, the
Department will accommodate UAEA representations’ schedules to the greatest extent
possible to preserve the Unit Employee’s right to representation.

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When the City schedules a meeting with a unit member to deliver a Part One Notice of
Discipline, the meeting will be marked Private in Outlook, and the employee will be informed
that a Part One will be presented to them.

Unit Employees will have five (5) workdays to complete the Part Two response, unless an
extension is granted by the supervisor overseeing the disciplinary process. If the
Department denies an extension, UAEA may appeal the denial to Human Resources. The
appeal must be requested within 24 hours of the denial.

The use of requested Union Business (UB) time of up to 120 minutes by a Unit Employee to
work on a Part Two response in coordination with a union representative will not be
unreasonably denied by the employee’s supervisor.

3.
At the time of the scheduled meeting for the Part One the investigator or department

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supervisor or other City employee shall make available for review to the Unit Employee
and/or representative any material that is being used as a basis for the allegation of
misconduct. If all material is not available during the initial Part One meeting as determined
by Human Resources, the five (5) workdays to complete the Part Two response will restart
upon receipt of the additional documentation. Material includes any video, audio,
photographs, or documents written by a complainant, witness or investigative lead that may
be included in the investigation unless doing so would compromise a safe haven.

4.
Neither the Unit Employee nor the Association Representative shall be disciplined or
retaliated against or threatened with retaliation for requesting that a representative be
present or for acting as the representative of the Unit Employee.

5.
The City reserves the right to interview a Unit Employee without Association representation
under extenuating circumstances or if the matter involves immediate serious safety
concerns for the member, other employees or the public, and no Association
Representative is readily available. The interview session shall be a reasonable period of
time, taking into consideration the gravity and complexity of the misconduct being
investigated.

6.
The City agrees to follow the guidelines established in the Personnel Rules for any
disciplinary process and agrees to follow the principles of progressive discipline, just cause
and due process in the disciplinary process in a timely manner. Unit Employees may attach
rebuttal statements to any material contained in their supervisor’s or personnel file that may
be adverse in nature.

7.
A Unit Employee who has been notified that they are under investigation or who is waiting
for a Part III Disciplinary response will be notified in writing every thirty (30) calendar days
as to the current status of the investigation or alleged violation.

The notification will include a brief description of the number of known witnesses still to be
interviewed and other investigative processes remaining to be completed, as well as an
estimated date of completion. The Department must obtain City Manager approval if the
Part III response will exceed ninety (90) calendar days from the receipt of the Part II
response.

8.
The parties agree that the purpose of the language in this Article is to assist the
Department in conducting a thorough investigation, not to in any way impede that
investigation.

Section 1-5 – Personnel Files

1.
Unit Employees have the right to review their own personnel file(s) maintained in Human
Resources, their department, and/or maintained by their supervisor. If the Unit Employee

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objects to any document(s) other than those required by federal or state law, or City
ordinance including the Tempe Personnel Rules and administrative policies, the Unit
Employee has the right to place a Memo to File in their personnel file documenting their
objections.

2.
With the written permission of the Unit Employee, an Association Representative may
review the Unit Employees personnel file(s) when in the presence of a department
representative and obtain copies of the contents upon request. Copying fees shall be
consistent with the City’s public records request fee schedule.

3.
The Unit Employee may include material relevant to his/her performance of
assigned duties in their Performance Management file.

4.
Documents relating to disciplinary actions, including written letters of reprimand,
demotions, or suspensions, which are three (3) or more years old, shall not be referenced in
any future counselling or disciplinary documentation or provided to hiring supervisors who
request to review an employee’s personnel file. Counseling forms or memos which are not
disciplinary actions shall not be referenced or provided for review after one year.

5.
Any public request for documents relating to an employee’s employment shall be
communicated promptly to the employee. Confidential personal information shall be
redacted prior to submission to any member of the public, including address,
phone number, Social Security number, any personal account numbers, all family
member information.

ARTICLE II – LABOR-MANAGEMENT RELATIONS

Section 2-1 – Labor-Management Committees

1 .
There shall be a citywide Labor-Management Committee consisting of the Six-Sided
Partnership, the City Manager and Department Directors/Office Administrators that will meet
quarterly and at other mutually agreed times. Issues not resolved at department labor-
management meetings will be brought to the quarterly city-wide meetings.

2.
This Committee will adopt by-laws by mutual agreement between labor and management
that will also be used for the departmental labor-management committees. The by-laws will
include a process for the Committee to take, record and disseminate necessary and
appropriate actions. It is recognized that the Committees have no authority to alter any terms
of this MOU.

3.
Additionally, in each Department of the City with UAEA membership, there shall be a
Departmental Labor-Management Committee consisting of representatives of the UAEA, HR

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representatives and representatives of the Department that will meet monthly or at other
mutually agreed times. The City Manager will be a permanent ad hoc member of all
Committees. The purpose of Departmental Labor- Management Committees is to facilitate
positive labor-management relationships by providing an effective tool for the joint solution
of problems and a forum for the free discussion of mutual concerns and ideas, which may
include discussion of the implementation of major new City or departmental programs or
substantial modifications of existing major City or departmental programs that will have a
significant impact on service delivery, work schedules or duties, or workforce
morale.

Section 2-2 – Support of Public Services

The City and UAEA recognize our shared commitment to high-quality public services for the
residents of Tempe. The parties will work together in appropriate forums on behalf of our mutual
interest in supporting public services and a superior workforce in Tempe.

Section 2-3 – Grievance Procedure

1.
Purpose

The purpose of this grievance procedure shall be to secure, at the lowest possible
administrative level, equitable resolutions to problems that may arise and are subject to
review under this procedure. There shall be no other alleged breach or appeal procedure
regarding the issues covered by this Memorandum of Understanding (MOU) for the Unit
Employees other than that contained in this article.

2.1.
Definitions

A.
A “breach” refers to a grievance or alleged violation of the provisions outlined in this
MOU.

B.
A “complainant” shall be any Unit Employee or group of Unit Employees or the
Association.

C.
“Days” shall mean Monday through Friday, not including holidays observed by the
City.

3.
Procedures

A.
Alleged breach proceedings shall be kept informal at all levels of this
procedure.

B.
The number of days indicated at each level of this procedure shall be
considered a maximum, and every reasonable effort shall be made to expedite

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the process.

C.
If the City or Department fails to comply with the time limit requirements as set
forth under any of the procedure levels, the alleged breach shall be considered
automatically appealed to the next level of the procedure.

D.
If the complainant fails to comply with the complainant’s time limit
requirements as set forth under any of the procedure levels, the alleged breach
shall be considered null and void.

E.
The time limits set forth herein may be extended, provided the extension has been
mutually agreed upon by the Parties in writing.

F.
An alleged breach shall not be considered unless the complainant initiates the
alleged breach procedure no later than ten (10) days after the complainant knew,
or reasonably should have known of the action that precipitated the alleged
breach.

3.2.
Steps

A.
The complainant shall first discuss the alleged breach with the immediate supervisor
outside the designated employee group with the objective of resolving the alleged
breach. If the alleged breach is not resolved within ten (10) days, a written
allegation of an alleged breach may be filed with the immediate supervisor with a
copy to the Human Resources Director.

To be considered, the alleged breach must be submitted in a timely fashion and
contain, at a minimum, what contractual provision(s) of this Memorandum of
Understanding is alleged to have been violated, the facts constituting the alleged
violation, and the relief sought.

B .
If, after ten (10) days from the date the alleged breach is filed with the immediate
supervisor the alleged breach is not resolved, an alleged breach may be filed with the
Department Director or his/her designee. No later than ten (10) days following
receipt of the written alleged breach, the Department Director or his/her designee
shall hold a meeting in an attempt to resolve the alleged breach.

Each party shall be entitled to bring documents and/or witnesses to the meeting in
order to present evidence on their behalf and shall provide a complete witness list to
the other party 48 hours prior to the meeting. Each party shall have the right to
cross-examine witnesses brought by the other party. Any non-City employee who is a
witness will be paid by whichever party called them as a witness.

C.
The Department Director or his/her designee will have ten (10) days to render a
decision in writing. If the alleged breach is not resolved with the Department

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Director’s decision, the alleged breach may be submitted to the City Manager.
To be considered, such alleged breach must be submitted within ten (10) days of the
Department Director’s decision. Within ten (10) days of receipt of the alleged
breach, the City Manager may either render a decision or require that the alleged
breach be submitted to advisory arbitration. The Parties are then required to
participate in the following advisory arbitration process.

5.
Advisory Arbitration

A.
The Arbitrator will be selected from a list of seven (7) arbitrators requested from
the Federal Mediation and Conciliation Service. The moving party to the
arbitration shall strike the first name from the list. The parties shall alternately
strike names until there is one name remaining who shall be the Arbitrator.

B.
The Arbitrator shall conduct the hearing as soon as possible.

C.
The Arbitrator’s recommendation shall be in writing and shall include the
recommendation, the rationale, and if appropriate, the recommended relief. The
Arbitrator shall not have the authority to expand or add to the rights Unit
Employees or the Association have under the terms of this Memorandum of
Understanding. The Arbitrator’s recommendation shall be submitted to the City
Manager and the Association Representatives.

D.
The Arbitrator’s fees and costs shall be shared equally by the Parties. All other
expenses shall be assumed by the Party incurring the costs, including the cost of
witnesses if they are not City employees.
The Parties may mutually agree to share the cost of providing a verbatim record of
the proceedings.

E.
In the event that the City Manager does not require advisory arbitration, the
Association may require advisory arbitration prior to appealing the City Manager’s
decision to the City Council. Such advisory arbitration shall be conducted pursuant to
the provisions provided herein.

F.
In the event that either the City Manager or the Association requires advisory
arbitration, the City Manager and the Association Representatives shall meet within
ten (10) days of receipt of the advisory arbitration decision. Within ten (10) days of
the meeting, the City Manager shall provide the Association with a written decision
accepting, modifying, or rejecting the Arbitrator’s advisory decision.

6.
Appeal to the Mayor & City Council

If the Association Representatives are not satisfied with the City Manager’s decision,
within ten (10) days of receipt of that decision the Association Representatives may
appeal to the Mayor and City Council.

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7.
Miscellaneous

A.
No reprisal or retaliation by any party shall be taken against any person who
participates or is a witness in the proceeding of an alleged breach.

B.
A complainant and the Party charged may be accompanied and represented by a
party of their choosing at any hearing or meeting conducted under this procedure.

C.
A Unit Employee, acting individually, may present an alleged breach without the
intervention of the Association provided that the alleged breach has been processed
in accordance with this procedure. Any adjustment made shall not specifically
violate the provisions of this Memorandum of Understanding.

D.
If an alleged breach affects a group of two (2) or more Unit Employees or involves an
action or a decision by the City or the Department that has a department-wide
impact, the Association may submit the alleged breach on behalf of the affected Unit
Employee. If the Association presents an alleged breach for violations of this MOU,
it will do so at the Department Director’s or his/her designee’s level as provided in
Section 4.B of this Article.

E.
All documents related to an alleged breach shall be maintained at the Human
Resources office, as a separate file from a Unit Employee’s personnel file.

All alleged breaches and alleged breach responses shall be filed and processed in accordance
with this Memorandum of Understanding. The Association acknowledges that this provision
waives any right to take such a dispute to any other tribunal.

ARTICLE III – WAGES & COMPENSATION

Section 3-1 – Wages

1.
Salary Step Increases

The City shall provide step increases (percentage increases to base salary) for all Unit
Employees who have not reached the maximum salary of their current salary range based on
the schedule belowthe pay structure implemented pursuant to the 2025 classification and
compensation study. The step advancement will occur on the time in position date
established during the study. The City agrees to increase the bottom of each Unit positions’
salary range by 0.5% at the beginning of FY 21-22, FY22-23, FY23-24, and FY24-25. As a result
of this adjustment, each Unit Employee will receive a 0.5% increase to their salary in the first
pay period ending in July for those corresponding years.

July 2021 up to 3.5% effective the first pay period ending in July of 2021.
3.0% step increase
0.5% salary range adjustment increase

July 2022 up to 3.5% effective the first pay period ending in July of 2022.
3.0% step increase
0.5% salary range adjustment increase

July 2023 up to 3.5% effective the first pay period ending in July of 2023.
3.0% step increase
0.5% salary range adjustment increase

July 2024 up to 3.5% effective the first pay period ending in July of 2024.
3.0% step increase
0.5% salary range adjustment increase

July 2025 up to 3.0% step increase effective the first pay period ending in July of 2025.

No step and salary range adjustment increaseNo employee shall exceed their salary range
maximum.

2.
Unit Employees At or Near Salary Range Maximums

In July of each year of the MOU, the City shall provide a one-time cost of living payment to
Unit Employees who do not receive a full step increase and/or salary range adjustment
increase because their salary is at the salary range maximum. Employees in this category
will receive maximum one-time payments based on the following schedule.

 July 2021 – 2.5%
 July 2022 – 2.5%
 July 2023 – 2.5%
 July 2024 – 2.5%
JulyEmployees who are at the top step of their grade shall receive an annual 2.5% bonus of
their base pay on their time in position date, in lieu of an increase. 2025 – 2.5%

Unit Employees who reach their salary range maximum as a result of a partial salary step
increase will receive a one-time cost of living payment according to the schedule above,
reduced by the percentage increase received to reach their salary range maximum. For
example, for 2021-22 an Employee who is 0.5% away from the salary range maximum, will

20
receive a 0.5% step increase plus a 2.0% one-time payment; an employee who is 2.7% away
from the salary range maximum, will receive a 2.7% step increase and no (0%) one-time
payment.

3.
Market Surveys

Human Resources will review with UAEA the design of a market study and will conduct a
market survey of the salaries paid in established market cities for classifications comparable
to those held by Unit Members Human Resources will determine the 75th percentile which
is the basis for the salary range maximums. The 75th percentile will be calculated as the
average between the median maximum salary of the established market cities and the
highest paid maximum salary of those same market cities. Human Resources will conduct a
market study in years 1, 3 and 5 of the MOU.

Year 1 market study was conducted in November 2021 and will be implemented in the first
pay period that ends in January 2022. If an employee falls below the new starting salary as a
result of the market study, then he or she will be brought up to the minimum of the new
range in the first pay period that ends in January 2022.

Year 3 market study will be conducted in November 2023 and will be implemented in the
first pay period that ends in January 2024. If an employee falls below the new starting salary
as a result of the market study, then he or she will be brought up to the minimum of the new
range in the first pay period that ends in January 2024.

The City implemented the results of a comprehensive classification and compensation study
on July 1, 2025. The City commits to hiring a third-party to provide any necessary
adjustments to the overall salary structure in 2027 and 2029 to keep the City competitive in
the market while maintaining internal equity amongst positions. The City will remain
competitive with the overall market 75th percentile when compared at the pay range
midpoint for all positions included in the study.

Prior to the start of the third-party review, the City will meet with UAEA, and UAEA may
provide feedback on the methodology and any specific positions that should be flagged for
review. The purpose of these studies is to assess market trends from the previous
implementation and provide an overall adjustment to the pay structure.

The City will meet again with UAEA prior to the implementation of the recommendations.
This meeting will provide UAEA an opportunity to provide feedback on the study overall and
relative to specific positions if those positions were flagged at the beginning of the study for
specific review or for any positions that are proposed to move grades as a result of the study.
If an employee’s position is recommended to move to a lower grade, the employee may
appeal this decision through HR. Due to the Classification and Compensation Study being
conducted by a third-party in 2024-2025 with a July 1, 2025 implementation date, there will
be no market study in November 2025. The City commits to hiring a third-party to provide
any necessary adjustments to the overall salary structure in 2027in. The details will be
discussed in the next negotiation cycle for the MOU effective beginning July 1, 2026.

4.
Salary Compaction
The City will notify UAEA when new hires covered by the UAEA MOU are hired above the
minimum salary if that salary is at or above other Unit Employees’ pay rates in the same job
classification. UAEA may request the Department DirectorHuman Resources review the pay
rates of employees who are impacted by the new hire.

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Bilingual Pay

The payments of $650 per month for occasional interaction and $15025 per month for
significant interaction shall remain in effect for the duration of this Agreement.

6.
Shift Differential

Unit Employees working a shift that includes any hours between 10:00 p.m. and 4:00 a.m.
will be paid a shift differential. For shifts which end anywhere from and including
10:00 p.m. to 12:00 midnight Unit Employees will be paid a shift differential of 80 cents per
hour for all hours of the work shift.

For shifts which end anywhere from and including 12:01 a.m. to 4:00 a.m. Unit Employees
will be paid a shift differential of 95 cents per hour for all hours of the work shift. Shift
differential is not paid to Unit Employees on paid leave. Employees will not receive shift
differential while on overtime.

Employees working holidays will receive both holiday pay and shift differential pay when
applicable.

7.
Stand-By Premium

The current practice shall remain in effect for the duration of this Agreement.

In work areas where standby coverage is needed, it shall be offered on a voluntary and
rotating basis by seniority. Departments may work with UAEA to create their own
procedures provided they align with city policies, , so long as Sstandby hours shall be fairly
distributed among eligible Unit Employees who are interested in being on standby,. and
the procedures policy provides those with most seniority preference in selecting standby
.

If an insufficient number of employees volunteer for standby, the department may need
to assign employees standby. In lieu of assigning standby, departments may also allow
employees in other classifications to perform standby so long as the classification of the
employee is lateral or higher graded than the classification of the work being performed.
The employee will not be eligible for Temporary Detail nor Special Assignment pay. If no
employees or too few employees volunteer, the employees with the least seniority will be
assigned standby on a rotating basis. The parties agree to discuss issues that arise from

22
the administration of standby informally or in labor-management meetings.

Section 3-2 – Overtime

1.
Non-exempt Unit Employees who work beyond their scheduled work shift shall be
compensated for such assigned work at one and one-half (1 ½) times their regular rate
after the first eight (8) minutes of assigned and worked overtime calculated to the
nearest quarter hour. If an employee volunteers or is scheduled to work overtime that is
NOT contiguous to their regular shift, they will receive a minimum of two (2) hours of
overtime pay. This does not apply to OT is that is an extension of their work hours either
before or after their regular shift. If the employee is called back to work unscheduled,
the callback pay provisions below will apply.

2.
A Unit Employee shall be compensated for overtime hours worked either with pay or with
compensatory time. Unit Employees will be informed of the type of compensation at the
time they are offered the overtime. If overtime is mandatory, the employee can select
the form of compensation. Unit Employees may accrue a maximum of 240 hours of
compensatory time. Upon termination of employment, employees will receive a payout
of 100% of all unused accrued compensatory time in accordance with federal
regulations.

3.
Exempt Unit Employees (employees exempt from provisions of the FLSA) may on
occasion receive informal paid leave called exempt time for time worked in excess of
their established work schedules. Exempt time will not be calculated hour-for- hour.
Exempt time will be discussed in Labor-Management meetings.

4.
The City of Tempe agrees that it is not the intent of the City to schedule bargaining unit
overtime work to non-bargaining unit employees such as supervisors or TSA represented
employees except in emergency situations or as mutually agreed. The parties agree to
discuss assignments of mandatory overtime in the Labor- Management Committee(s).

5.
In work areas where overtime coverage is needed, it shall be offered on a voluntary and
rotating basis by seniority. Overtime hours shall be fairly distributed among eligible Unit
Employees who are interested in working additional hours. If too few employees
volunteer, the employees with the least seniority will be assigned the overtime on a
rotating basis. The parties agree to discuss issues that arise from the administration of
overtime informally or in labor-management meetings.

6.
The City recognizes that Unit Employees should not be required to work an excessive
number of hours without an adequate break for their safety and the safety of the public. If
concerns are raised in any work unit, length of shifts and reasonable break times will be
reviewed in Labor-Management meetings with input from Risk Management. HR
Guidelines will be updated to address safety concerns related to fatigue.

7.
UAEA and the City recognize that there may be specific work areas where the

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administration of overtime may be more effectively handled for Unit Employees under
parameters that differ from those noted above in this section. In those cases, specifics of
overtime administration will be detailed in an HR Guideline that will be agreed upon by
the Department(s) impacted, UAEA, the Human Resources Director and the City Manager.
Any such guideline will be made available on the HR intranet site.

Section 3-3 – Call-Back Pay

1 .
Unit Employees called back to work after leaving City facilities upon completion of their
regular shift shall be paid at one and one-half (1½) times their regular rate of pay and shall
receive a minimum of three (3) hours of call-back pay. This does not apply to pre-scheduled
or voluntary overtime. A Unit Employee may not be paid for more than one call-back at a
time.

When call-back hours overlap the employee’s regular work schedule, call-back pay ends when
the regular schedule begins or when the three-hour minimum for call-back pay is met. Call-
back pay is included in the calculation to determine an employee’s regular rate of pay for
overtime purposes. With Department approval, Unit Employees shall have the option of
converting call-back pay to compensatory time.

2.
With Supervisor approval when Unit Employees are called or contacted via text or email to
consult about work after completion of their regular shift will be paid at time and one-half (1
½) the regular rate of pay for each quarter hour (over 7 minutes), with a minimum of one
hour of pay. There will be no compensation for calls or contacts lasting less than 7 minutes,
cumulative daily. A Unit Employee cannot receive more than one hour of call-back pay when
called or contacted to address a work issue that does not require them to come in to work
unless the employee actually works more than 60 minutes.

Section 3-4 – Working Out of Classification

1.
With their agreement, employees may be assigned temporarily by their supervisor to a vacant
position in a classification with a higher salary range. The temporary detail classification may
be vacant, or the incumbent employee may be temporarily not working.

Employees assigned to temporary detail shall receive a minimum of 5% to a maximum of 10%
above their salary range for the duration of the assignment, or the minimum of the salary
range of the higher classification if that minimum is more than 10% higher than the
employee’s salary. The supervisor will determine when the temporary detail pay may be
appropriate. The Unit MemberUnit Employee is entitled to such temporary detail pay for
working a minimum of 8 hours performing duties and responsibilities of a higher classification;
employees providing emergency services shall be paid temporary detail pay if they work 4
hours or more in a higher-classified position.
Temporary Special Assignment occurs when an employee is required to work on a project or
other assignment that is not within his or her normal scope of duties and is for a finite time

24
period. Temporary Special Assignment will be paid as detailed in the City of Tempe Personnel
Rules. Unit Employees cannot receive both Temporary Detail and Temporary Special
Assignment pay at the same time.

Departments will provide fair opportunities for working out of class for all those employees
who are qualified.

2.
A Reclassification Committee composed of Association and City representatives shall meet
meet at leastin the fall annually in the fall to review the duties, responsibilities, and
qualifications of bargaining unit classifications to determine whether any classifications may
need further Human Resources review. The meeting shall take place in the fall prior to
October 31st. Based on the information shared in this meeting, the department may request
review or reclassification of a position during the supplemental process of the budget. The
findings shall be reported to the city-wide Labor-Management Committee. The City
ManagerHuman Resources, in consultation with the City Manager’s Office, shall make the
final decision on any reclassifications.

3.
When Human Resources conducts a reclassification study, the results will be reported to the
Association Representative. Should a Department Director deny a request to conduct a
reclassification study, a Unit Employee may appeal their decision to Human Resources.

Section 3-5 – Fiscal Crisis

In the event that during the term of this Memorandum of Understanding the City of Tempe
experiences loss of revenues or legal requirements that if not resolved during the budget year would
result in the layoff of City of Tempe UAEA Unit Employees or the serious curtailment of services
provided to the citizens of Tempe, this Memorandum of Understanding may be reopened. This
provision shall only apply if the general population of City of Tempe employees is subject to the same
or greater reduction of pay or benefits negotiated as a result of this reopened provision. The
following provisions shall apply to this circumstance.

1.
The City shall notify the Association President in writing of the need to reopen this
Memorandum of Understanding. Such notice shall include the reasons for the reopening
and the anticipated amount of City-wide budget shortfalls that need to be resolved in order
to alleviate the need to layoff City employees or severely curtail services provided to the
citizens of Tempe.

2.
The City shall supply the Association President with all available current budget
information including, but not limited to, projected revenue shortfalls.

3.
The Parties shall meet and confer/negotiate in a good faith effort to reach agreement on
what, if any, reduction in pay and/or benefits shall occur for Unit Employees in order to
address the City’s budget shortfall.

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4.
The meet and confer/negotiation process will be for a period of no less than 30 calendar
days. During this 30-calendar day period, the Parties shall meet at least weekly unless
mutually agreed otherwise.

5.
If the Parties are unable to reach an agreement on the issues identified for this process,
the issues will be submitted directly to the City Council, which shall make a final determination.
The determination of the City Council shall be final and binding on the Parties.

ARTICLE IV – HOURS & LEAVE

Section 4-1 – Hours of Work

1. The regular work week for full-time Unit Employees is forty (40) hours. By mutual
agreement work schedules may be arranged in any manner consistent with departmental
operations to include more than eight (8) hours in any single 24-hour day. The parties
agree to discuss alternate work schedules in a departmental Labor-Management
Committee meeting at the request of either party.

2. Unit Employees are entitled to be relieved from duty for an unpaid lunch break of 30 to 60
minutes for every eight (8) hours worked and, under normal circumstances, for a paid 15-
minute break for every four (4) hours worked.

Employees who must remain on duty during their entire shift are paid for their one- half
(1/2) hour lunch period.

3. Any proposed changes to a Unit Employee’s regular work schedule that are not temporary
and do not involve a response to necessary public safety or emergency situations or City
Council directives shall be communicated to the affected employee(s) at least 15 workdays
prior to implementation and at the Association’s request shall be discussed in a Labor-
Management Committee meeting. The requirements of this paragraph may be waived by
mutual consent.

4. Prior to changing the schedule of a work group, management will inform the Association
President of the proposed change and implementation date. At either party’s request, it
will be a topic for a labor management meeting prior to implementation. This provision
will be waived when an implementation delay will adversely impact service to the public.

5. Unit Employees shall be notified by their supervisor of any modifications to their time-
cards.

6. To be eligible for paid leave for jury duty a Unit Employee must present verification of
their call to jury duty. An employee whose regular work shift is between 5:00 pm and
8:00 am shall be allowed by management to be assigned to the day shift during the
period of jury duty service. The employee will be responsible for notifying the
appropriate supervisor as soon as they are notified for jury duty by a court.

7. Unit Employees working in labor and trade jobs which are especially dirty, shall be
given an appropriate amount of time prior to the end of their normal daily shift for
personal clean-up. Departments shall provide field employees with the appropriate
clean-up materials, upon request.

Section 4-2 – Holidays

1.
Paid holidays are as follows (with holidays falling on Sunday observed by the City on the
following Monday and holidays falling on Saturday observed the preceding Friday):

New Year’s Day
Memorial Day
Labor Day
Thanksgiving Day
Martin Luther King Birthday
Juneteenth
Indigenous People’s
Day
Friday following
Thanksgiving Day
President’s Day
Independence Day
Veteran’s Day
Christmas Day
Farmworkers Cesar Chavez
Recognition Day

 One (1) Personal Leave Day of the number of hours in an employee’s normal
workday, which may be taken any time during the calendar year or received as 8
hours of pay in January of the following year if unused.

 Floating Holiday Leave of twenty-four (24) hours to be used between January 1
and the last full pay period paid in December; any holiday leave not utilized during
that period will be forfeited. If a unit memberUnit Employee starts their
employment with the City July 1st or later, they will receive twelve (12) hours of
Floating Holiday Leave for that year. For the 2025 implementation of this new
leave, 24 hours of Floating Holiday Leave will be provided on July 1st to be used
prior to the last full pay period paid in December.

2.
Non-exempt Unit Employees who are required by their supervisor due to operational
necessity to work on a city recognized holiday shall receive one and one-half (1.5) times
their regular rate of pay, or one and one-half (1.5) times the hours in Compensatory Time,
in addition to their holiday pay for each hour worked. Election of Holiday Premium Pay or
Holiday Compensatory Time shall be at the employee’s discretion.

Exempt Unit Employees required by their supervisor to work on a city recognized holiday
and who cannot be given a substitute day off within the same pay period may receive one
(1) day's pay, eight (8) hours, at their regular rate (not overtime) as additional compensation
for the holiday worked. Exempt part-time employees who cannot be given time off for the
holiday if it falls on a day outside of their work schedule may receive pay equivalent to their
regularly scheduled hours (not overtime) in lieu of time off.

3.
Non-exempt and exempt Unit Employees will be given a substitute day off with pay
if operationally possible when a city recognized holiday falls on a non-workday. The
substitute day shall be taken during the same pay period as the holiday. If the employee’s
supervisor cannot approve a substitute holiday day off during the same pay period due to
operational needs, the employee will receive one (1) day’s pay at his or her regular rate (not
overtime) in additional compensation or the equivalent in Compensatory Time for the
holiday. Vacation leave, compensatory time and personal or wellness day(s) shall not be
utilized in the place of a substitute holiday.

Non-exempt and exempt regular part time Unit Employees whose holiday falls on a day they
are scheduled to work more hours than they are eligible to receive in holiday pay may take
the time as unpaid leave, supplement their time with vacation or comp time, or with
supervisor approval, flex their schedule during the same period as the holiday.

4.
In the event the City celebrates one of the following holidays on a day other than the actual
holiday and the actual holiday is a regularly scheduled workday for a Unit Employee, that
employee may choose to have either the actual day or the day celebrated by the City
designated as the holiday when possible, or by applying either two (2) or three (3) above:
New Year’s
Cesar Chavez Recognition Day
Independence Day (4th of July)
Veteran’s Day
Christmas Day

5. Whenever reasonably practicable, Unit Employees shall be given at least seven (7) workdays’
notice of holiday work assignments. Exemptions from holiday assignment will be discussed
and mutually agreed in departmental labor-management meetings.

Section 4-3 – Vacation

1.
Unit Employees on a forty (40) hour work schedule will accrue vacation in accordance with
the following schedule, to be prorated for employees working a part-time schedule.
Accrual amounts are based upon continuous service as a City of Tempe employee.

0 to completion of 5 years of City service
9.33 hours per month
After completion of 5 years, but less than 10 years
11.33 hours per month
After completion of 10 years, but less than 15 years
13.33 hours per month
After completion of 15 years, but less than 20 years
16.67 hours per month

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After completion of 20 years
18 hours per month

Unit Employees shall have the opportunity to take a minimum of 112 hours of vacation if
accrued (pro-rated for part-time employees). Unit Employees’ vacation requests shall be
responded to within seven (7) workdays after submission to their supervisor, unless the
supervisor has set a deadline for submission for the work group as a whole. Requests to
schedule vacation shall not be unreasonably denied or rescinded. Reasons for denial or
rescinding must be provided in writing to the employee.

Departments may approve vacationVA requests with less than the department’s required
notice for unexpected emergencies. The Unit Employee may be required to provide
documentation for the emergency.

4.3.
Maximum vacation accrual shall be 450 hours. Any Unit MemberUnit Employee with excess
vacation over 450 hours shall have until end of the last full pay period paid in each calendar
year to utilize the excess hours or have up to sixty (60) hours paid out under the City’s annual
vacation leave payout program if they retain 450 hours. All other requirements of that
program remain the same as detailed in the City of Tempe Personnel Rules.

3.
Unit Employees who have completed their fifteen-year anniversary with the City are eligible
for a one-time extended four-week leave of absence, including two weeks of an employee’s
accrued vacation leave and an additional two weeks of City-paid time. The additional two
(2) weeks of sabbatical leave may not be converted to cash- out payment or utilized in the
last six (6) months of employment.

Unit Employees who have competed their ten-year anniversary may elect to forgo the above
15-year sabbatical option and instead elect to take a two-week leave twice – once after 10
years and once again after 20 years. The two-week leave would include one (1) week of the
Unit Employees vacation and an additional one week of City paid time. All other provisions
and requirements of the sabbatical leave program remain the same for this option.

Section 4-4 – Medical Leave

1. Full-time regular Unit Employees on an active pay status accrue eight (8) hours of medical
leave each month. Regular part-time Unit Employees receive a pro-rated amount of medical
leave.

2.
Medical leave may be used for illness or incapacity of the Unit Employee, or for medical,
dental, vision or mental health appointments during working hours. Medical leave may also
be used for any of the above reasons for a family member, defined as spouse or domestic
partner, parent (incl. in-law and step), child (incl. in-law and step), sibling (incl. in-law, half,
and step), grandparent (incl. in-law), or grandchild (incl. step).

Unit Employees shall not be visited at home for the purpose of verifying medical leave.
This provision does not apply to investigations of Workers’ Compensation claims. When

29
there is a legitimate concern regarding the safety and well-being of an employee, the
Supervisor will contact Human Resources for guidance and if a welfare check is conducted
it will be done by the appropriate public safety agency.

3.
Maximum accrual of medical leave shall be unlimited. By the deadline established each
year, the Unit Employees may elect for the following year to cash out medical leave accrued
that year in excess of 480 hours at a rate of 25%, or may convert medical leave in excess of
240 hours to Health & Wellness leave at a rate of 60% (up to 32 days of leave, to be utilized
by the last full pay period in the year) or may let the medical leave continue to accrue.

4.
Unit Employees retiring from the City (those immediately eligible for retirement benefits
under ASRS) with a minimum of 10 years of continuous service shall be paid 50% of all
unused, accrued medical leave. The Unit Employee will be reimbursed at an hourly rate of
pay calculated with the inclusion of their base hourly rate plus any applicable assignment,
special operations, bi-lingualbilingual, shift differential, temporary detail, standby and
holiday pay (excluding overtime), paid to the unit employee during the 12 months preceding
retirement.

Unit Employees leaving City employment with more than one (1) year, but less than 10
years of continuous service shall be paid 25% of all accrued medical leave. Unit
Employees leaving City employment with 10 years of continuous service shall be paid 50%
of all accrued medical leave at their current hourly rate of pay. Unit Employees leaving
City employment, unless leaving due to disciplinary termination, with 20 years of
continuous service shall be paid 60% for all accrued medical leave.

Section 4-5 – Bereavement Leave

1.
Upon the death of a family member, a Unit Employee shall receive up to five (5) working
days (based on the employee’s normal work schedule) of paid leave not chargeable to
medical or vacation leave. Additional time may be taken as sick leave in accordance with
City Personnel Rules. Family member is defined as spouse or domestic partner; ex-spouse
or ex-domestic partner if there is joint custody of children under the age of 18; child
(including step and foster); parent (including step and in-law); sibling (including half, step,
and in-law); son/daughter in-law; aunt or uncle; niece or nephew; grandparent (including
in-law and step) or grandchild (including in-law and step).

If the family member is a spouse, domestic partner or child, the employee shall receive up
to five (5) additional working days of paid leave not chargeable to medical or vacation
leave. Time beyond ten (10) working days may be taken as sick leave in accordance with
City Personnel Rules.

2.
Bereavement Leave does not have to be used consecutively.

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Section 4-6 – Disability Leave

1.
The City shall continue to administer Compassionate Leave, allowing employees to transfer
unused vacation and medical leave to another regular employee to provide the recipient
with supplemental paid leave during an extended non-job related, seriously incapacitating
illness or injury of the employee or a member of the employee’s immediate family or for
other extenuating circumstances. The value of donated leave is based on the donor's
hourly rate of pay as it relates to the recipient's hourly rate of pay. A recipient who returns
to work on a part-time basis may use compassionate leave intermittently until he or she is
able to resume his or her regular duties.

2.
Unit Employees are eligible for up to 160 hours of paid Supplemental Paid Family Leave per
calendar year; this amount will be prorated for part-time Unit MemberUnit Employees.
Supplemental Paid Family Leave may be taken for an employee’s own illness or injury or to
care for an immediate family member with a serious health condition and may be taken
consecutively or intermittently.

3.
Each Unit Employee shall be entitled to seventeen (17) work weeks of FMLA leave during a
twelve (12) calendar month period if the leave is taken for the birth or adoption of a child
or to care for a sick parent (including parent-in-law or step- parent).

Section 4-7 – Industrial Leave

Unit Employees are covered by the City under the Arizona State Worker’s Compensation Act
against injuries, illness or disease occurring in the course of City employment. Employees are
required to be examined by a physician selected by the City for their initial medical treatment after
a work-related injury or disease, after which they may be seen by a treating physician of their own
choice.

If a Unit Employee is absent from work as a result of an injury, illness, or disease that is covered
under the Arizona State Worker’s Compensation Act, the absence is considered industrial accident
leave. For absences of one (1) to seven (7) calendar days, Unit Employees are compensated 100%
of their regular base rate of pay without loss of any medical or vacation leave. For absences over
seven (7) days, Unit Employees are compensated 95% of their regular biweekly base rate of pay
from the City for up to twelve (12) months. Beyond twelve (12) months, Unit Employees are
compensated in accordance with the Arizona Worker’s Compensation Act. Unit Employees may
voluntarily supplement their Worker’s Compensation benefit with accrued medical and vacation
leave. The amount that may be supplemented is the difference between the Worker’s
Compensation benefit and the Unit Employee’s net take-home pay, plus voluntary payroll
deductions. The amount of a Unit Employees Worker’s Compensation benefit shall not exceed
his/her regular base rate of pay.

If there is a reoccurrence of a worker’s compensation injury after an employee’s case is closed,
the employee may petition to have their case reopened.

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Section 4-8 – Unpaid Leave

Unit Employees may be eligible for unpaid leave as detailed in the City of Tempe Personnel Rules,
Rule 5, Section 503. Employees on unpaid administrative laveleave for more than two weeks may
elect to use accrued vacation or compensatory time, if applicable.

ARTICLE V – WORKING CONDITIONS

Section 5-1 – Health & Safety

The City of Tempe acknowledges its responsibility to provide safe, healthful work environments for
City employees and users of City services. Every employee has the right to safe and healthful
working conditions.

Upon request of the Association, the City or a department will meet with the Association to
discuss and address safety concerns relating to the facilities where Unit Employees are
assigned to work.

Where the Unit Employee has a good faith belief that a work assignment presents health and safety
risks outside those normally associated with the work, he/she may refuse to begin or continue a
work assignment.
When in such a case a Unit Employee declines to begin or continue a work assignment, he/she shall
notify his/her in-house safety officer of the situation. The in-house safety officer shall promptly
investigate the complaint. While the Unit Employee is awaiting the arrival of the in-house officer
and until the officer has made his/her determination, the Unit Employee shall not be required to
perform the disputed assignment.

Unit Employees shall not be subject to discipline or retaliation for exercising any right under
the OSHA act.

Section 5-2 – Training & Career Development

The City of Tempe supports the development of career counseling and various programs of training,
retraining, mentoring, and career development for Unit Employees, to be coordinated between
Human Resources, City departments, and the Association. The City will offer fair and reasonable
access to training for skills and certifications needed for promotions within the City.

Unit Employees will be provided one-week (seven calendar days) notice for mandatory training
that is not scheduled during an employee’s regularly scheduled work time. Overtime will be paid
in accordance with the FLSA. Management reserves the right to schedule mandatory meetings as
needed. Departments will provide as much notice as possible and be flexible when employees are
on pre-approved leave unless there is no other scheduling option.

Unit Members Employees will receive paid release time to participate in approved coursework
necessary for

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maintaining certification(s) and training required for their positions.

The Parties agree to jointly advocate for the inclusion of public employees in any future local,
state, or federal legislation providing for training and retraining programs.

Recognizing that proper training and mentoring of City employees promotes efficient and cost-
effective public service, the parties agree to place these issues on the agenda of the joint Labor-
Management Committees established by this Agreement. Recommendations may include but not
be limited to training for promotional opportunities, creation of career counseling programs, and
work-related certification. Decisions shall be made by mutual agreement, subject to approval as
required by applicable law.

Section 5-3 – Bidding on Vacancies

1.
When the City seeks to fill a regular full-time or a regular part-time vacancy, the City will
make Unit Employees aware of those vacancies through the posting of vacancies, including
shift, hours, position, assignments, days off and work location, to be posted for at least two
(2) weeks, unless mutually agreed otherwise, in the Department’s office, on official bulletin
boards, and at other mutually agreed upon locations. The City will provide 48-hour
notification to the Association of the intent to open a concurrent internal/external
recruitment process.

Employees will not be excluded from applying for and/or competing in a selection process
based solely on a pending investigation. However, the selection process will not be delayed
pending the conclusion of the related investigation.

2.
Bidding for shifts or work locations for all Unit Employees shall continue by current practice.
Requests to change current practice may be reviewed at the Citywide Labor Management
Committee meeting. The determination of revising or establishing any bidding procedure
shall be by mutual agreement between the Association and the impacted Department. The
City Manager shall render final decisions in any situation where mutual agreement cannot
be reached.
Requests for a change to current practice that are denied may be resubmitted after one (1)
year. Any bidding procedures shall be in compliance with all state and federal laws.

3.
The issues of requirements and processes for career advancement of Unit Employees shall
be considered by the Labor-Management Committees established under Section 2-1.

Section 5-4 – Job Descriptions

The City agrees to review and consider input from Association Representatives regarding any
substantial change in job duties and/or any proposed changes to the “Examples of Duties”
and/or the “Experience and Training Guidelines” for any job descriptions of Unit Employees, at

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least 20 days prior to implementation. The City also agrees to provide a copy of substantial
changes to all Tempe Supervisor’s Association (TSA) job descriptions to UAEA Association
Representatives at least 20 days prior to implementation.

Section 5-5 – Uniforms & Equipment

During the term of this Memorandum of Understanding, the Parties agree to discuss and review
Department policies for providing Unit Employees’ uniforms, clothing and equipment allowances
within the framework of the Labor-Management Committees established by this MOU. Association
Representatives may be involved in any process when a Request for Proposal (RFP) is being issued
for uniform or equipment purchases.

Public Works, Transportation, Community Health & Human Services Field Operation Employees,
and the Park’s Division of Community Services Unit Employees eligible for a uniform credit as of
the date of ratification of this MOU will receive an annual credit of $1850.00 to be used in
accordance with Department policy. Eligible unit memberUnit Employees will receive a jacket
every other year. The tool allowance shall be $6500.00 per year for eligible unit memberUnit
Employees. Community Services Park Rangers will receive a uniform reimbursement of
$108900.00.

Police Department Unit Employees eligible for a uniform credit will receive
reimbursement each calendar year per the following schedule:

Detention and Transport Employees
$108900.00
Community Responders and Traffic Enforcement Aides
$108900.00
Forensic Services and Property Employees
$108900.00

The lump sum reimbursement shall be paid by the first pay period of the second quarter of the
fiscal year. This does not apply to new employees receiving prorated amounts. If the
department cannot make the deadline, they will notify UAEA.

Unit Employees required to wear a ballistic vest will receive a credit of $1,100 toward the
purchase of a vest when the employee’s current vest reaches expiration.

Police Aides who are required to wear “professional attire,” as defined by Department policy will
receive an additional clothing allowance of $450.00 per year as a lump sum payment.
Association Representatives and Police Department Unit Employees required to wear uniforms,
shall be part of the Department’s Uniform Committee prior to any uniform changes being
made.

Unit Employees eligible to receive safety boot and/or jean allowances or any other clothing,
cleaning or equipment allowances as of the date of ratification of this MOU will continue to
receive those allowances to be used in accordance with Department policy. The jean allowance is
$200. The City will provide reasonable accommodations for special size orders. Risk Management
will continue to oversee the safety boot program with the boot purchases made from the City
contract with a $200.00 allowance. The safety boots must be used for work purposes only.

Replacement clothing due to work-related damage shall be paid upon approval of the supervisor.
Any denial of replacement may be appealed by the employee to the department’s labor-
management committee.

The City will give ample time for uniform changes so that any such updates to uniform standards
coincides with the reimbursement.

Section 5-6 – Light Duty

1.
The purpose of the Light Duty policy is to attempt to provide assistance to Unit Employees
who are recovering from a medically documented mental or physical illness or injury
sustained on or off the job. If such an illness or injury precludes a Unit Employee from
performing the essential functions of his/her job, the City will make an effort to provide
work assignments consistent with the individual’s skills and abilities and such that the City
will derive benefit.

2.
During the period a Unit Employee is on light duty, the Unit Employee’s base rate of pay will
be maintained. Unit Employees shall receive overtime pay after 40 hours of work in the
workweek.

3.
Light duty work is intended only for Unit Employees with temporary illness or injury and may
be provided only if there is a reasonable expectation that the Unit MemberUnit Employee can
resume his/her duties within the time periods established by the City.

4.
The City shall share aggregate information with the Association on the disposition of Unit
Employees’ requests for light or modified duty and on displacement of Unit Employees from
their assignments due to the light duty assignment or other temporary assignment of any
other employees. The parties agree to discuss these issues in the Labor/Management
committee setting if requested by either party.

Section 5-7 – Drug Testing

The City and the Association will meet and discuss or provide a period for submission of written
comments on any proposed substantial changes to the City’s current policies on drug testing.

Results of any drug or alcohol test will not be placed in an employee’s personnel file. The results
may be maintained as part of any investigation conducted in conjunction with the test.

ARTICLE VI – BENEFITS

Section 6-1 – Maintenance of Existing Benefits

The Parties agree and Tempe City Code 2-400 Et Seq confirms that in the event of a conflict
between the City of Tempe Personnel Rules and attachments thereto, department policies and
procedures, other Council-approved programs, and this Memorandum of Understanding, the
Memorandum of Understanding shall govern. If there is no conflict between the above referenced
documents, the Parties are governed by the Personnel Rules, attachments thereto and Council-
approved programs. In the event all such formerly referenced documents are silent on a particular
issue the City Manager and/or designee shall retain the right to exercise judgment on all such
matters.

If, during the term of this Agreement, the City anticipates either a substantive change in the
benefits not included in this MOU, but provided to Unit Employees through the City of Tempe
Personnel Rules and attachments thereto and other Council-approved programs, or other revision
of the City’s Rules, the City shall meet with the Association to explain the reasons for the change,
shall meet and confer regarding the potential impact of such changes, and shall allow the
Association to propose alternatives to the changes at least 45 days prior to making such changes
(except in the case of an emergency or unless such time period is waived by the Association). In the
event of administrative memoranda or changes reviewed or adopted by the City Council, the City
shall advise Council of the Association’s recommendations concerning such proposed changes prior
to implementation.

The purpose of the provisions of this Article is to continue to provide current financial benefit levels,
as that terminology is customarily defined as part of the employees’ overall compensation package.

Such other benefits, allowances, terms and conditions of employment as may be negotiated or
implemented affecting other bargaining units within the City of Tempe shall, at the request of the
Association, necessitate a meet and confer process with the City of Tempe.

Section 6-2 – Health Insurance

1.
The City shall provide medical, dental and vision benefits including plan design changes and
premium cost increases agreed to by the Employee Healthcare Committee.

Any other projected increase in costs or change in benefits shall be reviewed by the
Employee Healthcare Committee and may result in a meet and confer process to discuss the
potential impact upon Unit Employees.

2.
The City shall offer the Association opportunities for input in the consideration, review and

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planning of any prospective changes to retiree health care benefits. The Association’s
recommendations regarding such prospective changes shall be communicated to City Council
prior to action by Council to implement changes.

3.
The City shall continue to provide health insurance benefits to Unit Employees’
designated domestic partners.

4.
The Association shall be entitled to appoint at least two Unit Employees to the City’s
Employee Healthcare Committee related to the provision and maintenance of health
insurance benefits for City employees, including the reviewing of Request for Proposals,
evaluation of submitted proposals and recommendation of preferred providers.

5.
The City and UAEA may explore potential options (such as pooling health care benefits
among multiple public employers) for providing the existing package or improvements
to employees’ health care benefits.

6.
There shall be one pro-rated premium level for part-time benefitted employees working 20-
39 hours/wk. and electing coverage under the City’s health, dental and/or vision plans as
stipulated in the current City of Tempe Benefits Guide. Part- time benefitted employees
who elect to waive coverage under the health plan (medical and prescription drug benefits)
shall receive a pro-rated monthly stipend as stipulated in the current City of Tempe Benefits
Guide.

Section 6-3 – Deferred Compensation

1.
Unit Employees who contribute into the City’s deferred compensation plan shall be eligible
to receive matching deferred compensation contributions from the City, as follows:

Less than 7 years of service

$25 per pay period
After 7 years but less than 15 years
$40 per pay period
After 15 years of service
$60 per pay period

Each City contribution in paragraph one (1) will be made into the City’s 401(k) deferred
compensation plan. The Unit Employee has no immediate tax obligation under the
401(k) plan.

2.
Pursuant to the provisions of the City’s 401k plan document, Unit Employees who were
hired no later than 12/31/2016 shall be eligible to receive an additional contribution of
$5.77 per pay period into their 401k account with no matching contribution required.
Unit Employees must establish an account in order to receive this benefit.

Section 6-4 – Tuition Reimbursement

1.
Unit Employees will receive tuition reimbursement up to a maximum of $6,500 per calendar
year for full-time employees; tuition reimbursement includes the cost of tuition, required
textbooks, supplies and related fees. The City of Tempe Tuition Reimbursement Policy
guidelines as of the date of this Agreement and Section 127 of the IRS Tax Code will govern
the requirements for receiving tuition reimbursement. If the City increases tuition
reimbursement during the duration of this MOU, the increase will apply to Unit Employees.

2.
The City will endeavor to continue to make the Educational Partnership program
available to Unit Employees.

3.
Unit Employees will receive paid release time to participate in coursework necessary for
maintaining certification(s) and training required for their position. These required
certification and training costs will be paid by the Unit Employee’s department.

Section 6-5 – Life Insurance

1.
The City will continue the existing off-the-job and on-the-job life and dismemberment
insurance coverage. The policy shall provide a benefit for each Unit Employee equal to
the Unit Employee’s base annual salary. The City will continue to provide to each Unit
Employee a $250,000 death benefit covering the Unit Employee’s commutation to and
from his/her City work location. This policy will be consistent with the City's current
group insurance and will cover the Unit Employee’s commute for up to two (2) hours
before his/her shift begins and two (2) hours after his/her shift concludes.

2.
In the event of the death of a Unit Employee while commuting to or from his/her work
location, the City will provide line of duty death benefits to eligible dependents in
accordance with City policy in effect at that time.

3.
Two or more UAEA representatives may serve on any committee formed to
consider possible changes to City’s life insurance policy.

Section 6-6 – Mediflex

The City will continue to provide the Mediflex benefit to all Unit Employees consistent with the
current plan document, as amended 1/1/2017. Beginning with the plan year starting July 1, 2018 and
at the beginning of each plan year thereafter, the maximum annual benefit will increase by the same
percentage as any percentage increase to the City’s self-funded Health Insurance Plan premiums. The
Mediflex contribution for July 1, 20216 is established at and paid monthly at $53.26661.116 -
$639.12793.4033.92 annually for all Unit Employees. Changes to the plan or increases to the annual
contribution will be consistent with the Mediflex plan document but will not be diminished from the

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current contribution amount.

Section 6-7 – Copies of MOU

Within sixty (60) days of the date that this MOU is adopted by the City Council, UAEA will arrange for
printing of a jointly approved number of copies for distribution to Unit Employees. The cost of the
duplication will be shared equally by UAEA and the City.
Complete Agreement

The Parties agree that this is the complete and only agreement between the Parties once approved
by the City Council. Each party has negotiated on all issues identified for negotiations and such
negotiations have led to this agreement. No additional negotiations will be conducted on any item,
whether contained herein or not, except by mutual agreement of the Parties.
This Agreement replaces any and all previous agreements between the Parties.

This Memorandum constitutes the total and entire agreement between the Parties and no verbal
statement shall supersede any of its provisions. Unless decided by a vote of the City Council, during
the term of this agreement no diminishment of employee compensation, benefits or other terms and
conditions of employment provided for in this MOU will be imposed without the express written
consent of the Association.

Term & Effect

This MOU shall become effective July 1, 20265, and remain in full force and effect until June 30,
203026 in accordance with the provisions of Tempe City Code Section 2-400 et seq.

This MOU may be reopened at the request of either party for benefits and/or working conditions
between September 15th and November 15th prior to the following fiscal year for fiscal year
2028/2029. The reopener is not considered a full negotiation. The topics discussed shall be limited to
those where internal or external circumstances have changed to require discussion or modification.

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Should the parties fail to reach consensus on any issue, language found in the current MOU will remain
intact.

Should any part hereof or any provisions herein be declared invalid by a court of competent
jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the
remaining portions hereof and the remaining portions hereof shall remain in full force and effect for
the duration of the Agreement.

With approval of the City Council IN WITNESS HEREOF, the parties hereto have executed this MOU
this 5th X day of June 2025XXXX 2026.