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<br /> <br />42.13 Compensation Surveys <br /> <br />42.13.1 In March 2020, the City and Union will meet and confer on the benchmark <br />classifications to be used in subsequent compensation surveys. <br /> <br />42.13.2 For succeeding surveys, the parties agree to include EPMC, health, dental, vision, life <br />insurance, deferred compensation and LTD. <br /> <br />42.14 Should either SLMO or SLPOA receive an overall compensation settlement substantively in <br />excess of that provided to SLCEA, the City and SLCEA agree to reopen negotiations on <br />compensation. <br /> <br />42.15 The City and Association have discussed the City's unfunded pension and OPEB liabilities. <br />While reserving their respective rights, the parties agree to work cooperatively in subsequent <br />meet and confer processes to explore and address these issues. <br /> <br />Section 43. No Strike Clause <br /> <br />The Employee Union, its members and representatives agree that it and they will not engage in, <br />authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of <br />production, concerted refusal of overtime work, refusal to operate designated equipment <br />(provided such equipment is safe) or to perform customary duties; and neither in the Employee <br />Union nor any representatives thereof shall engage in job action for the purpose of effecting <br />changes in the directives or decisions of management of the City, nor to effect a change of <br />personnel or operations management or of employees not covered by this Memorandum of <br />Understanding. <br /> <br />Section 44. Separability <br /> <br /> Should any provision of this Memorandum of Understanding be declared illegal by a court of <br />competent jurisdiction, that provision of the Memorandum of Understanding shall be null and <br />void but such nullification shall not affect any other provision of this Memorandum of <br />Understanding, all of which other provisions shall remain in full force and effect. <br /> <br />Section 45. Drug and Alcohol Testing Program <br /> <br /> The provisions of the Drug and Alcohol Testing Program are incorporated by reference into this <br />Agreement. <br /> <br />Section 46. Past Practices and Existing Memoranda of Understanding <br /> <br />46.1 Continuance of working conditions and practices not specifically authorized by ordinance or by <br />resolution of the City Council is not guaranteed by this Memorandum of Understanding. Prior <br />to discontinuing or altering any past practice which falls within the scope of representation, the <br />City will provide notice to the Union and, upon request, meet and confer prior to implementing <br />the change. <br /> <br />46.2 This Memorandum of Understanding shall supersede all existing Memoranda of Understanding <br />between the City and the San Leandro City Employees' Union. <br /> <br />37